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ORDINANCE NO. NS-2687
AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF
SANTA ANA APPROPRIATING MONIES TO THE SEVERAL
OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY
FOR THE FISCAL YEAR COMMENCING JULY 1, 2005
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 City Manager has prepared and submitted to this Council,
pursuant to the provisions of Section 605 of the City Charter, a proposed
budget for expenditures for the fiscal year commencing July 1, 2005,
together with his budget letter dated June 6, 2005.
B. In accordance with Section 606 of the City Charter, a public hearing
has been held upon the said proposed budget of expenditures after notice
of such public hearing had been published in the manner prescribed in said
Section 606 of the City Charter.
C. The proposed budget of expenditures duly submitted and considered
as hereinbefore stated, together with any supplemental revisions and
amendments thereto, was approved, adopted and fixed by the Council as
the annual budget of the City for the fiscal year commencing July 1, 2005,
in the amounts and for the funds, purposes, functions, department activities
and programs as therein set forth. Said adopted budget, including said
supple-mental revisions and amendments, together with a copy of this
appropriation ordinance, shall be placed in the official files of the Clerk of
the Council.
SECTION 2: There are hereby appropriated to the several offices,
agencies, and departments of the City, being the respective objects and purposes
specified in that certain document entitled "City of Santa Ana Annual Budget 2005-2006,"
a copy of which is on file in the Office of the Clerk of the Council, out of the various funds
of the City, for fiscal year 2005-2006, the several amounts stated as proposed
expenditures from said funds, respectively, in those columns of said Budget that are
headed "Approved Budget 05-06." Each aggregate of expenditures so specified in said
Budget for said fiscal year for each program shall be deemed to be an appropriation for a
single object and purpose within the meaning of Section 609 of the Charter, except that
as to any office, department, or agency of the City for which more than one program is
designated in Section 2 (General Fund Operating Budget) of the said Budget, the
aggregate expenditure authorized for all programs in said Section 2 of each such office,
11 A-1
Ordinance NS-2687
Page 1 of 3
department, or agency shall be deemed to be an appropriation for a single object and
purpose within the meaning of Charter section 609.
SECTION 3: The appropriations hereby made shall constitute the
maximum expenditures authorized for the several offices, agencies, and departments
opposite which the amounts of such appropriations are shown in such Budget.
SECTION 4: No warrant shall be issued or indebtedness incurred for any
purpose which exceeds the unexpended balance of the appropriations established by this
ordinance, unless such appropriation shall have been amended or supplemented by the
City Council in the manner set forth in Section 609 of the Charter. The City Manager is
hereby authorized to make revisions between the items included within any such
appropriation if, in his opinion, such revisions are necessary and proper.
SECTION 5: The Executive Director of Finance and Management Services
is hereby authorized to transfer monies in accordance with the Interfund Transfers listed
in said Budget in such amounts and at such times during the fiscal year as he may
determine necessary to the competent operation and control of City business, except that
no such transfer shall be made in contravention of State law or City ordinance or exceed
in total the amount stated herein or as amended by the City Council.
SECTION 6: One certified copy of this appropriation ordinance together
with a certified copy of each amendment thereto shall be transmitted by the Clerk of the
Council to the Executive Director of Finance and Management Services.
SECTION 7: Upon and from the effective date of this ordinance,
expenditures of monies appropriated hereby are authorized beginning July 1,2005.
SECTION 8: The Clerk of the Council shall cause the title of this ordinance
to be published as required by law.
SECTION 9: All presently applicable documentation pertaining to the
number, titles, qualifications, powers, duties, or compensation of officers or employees of
the City, which has been previously approved by resolution or order of the City Council
and which is currently on file with the Executive Director of Personnel Services is
incorporated herein and is hereby approved. The City Manager is authorized to create,
alter, or abolish any position of employment, or the number, title, qualifications, powers,
duties, or compensation thereof, when such action is appropriate to promote the
efficiency of the City administrative organization; provided, however, that no such action
shall be effective unless and until approved by resolution or order of the City Council.
ADOPTED this
day of June, 2005.
Ordinance NS-2687
Page 2 of 3
11 A-2
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-268I 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
11A-3
Ordinance NS-2687
Page 3 of 3
11A-4
ORDINANCE NO. NS-2688
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING AN AMENDMENT TO A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
SANTA ANA AND C.J. SEGERSTROM AND SONS FOR THE
PROPERTY LOCATED GENERALLY AT 3500 WEST LAKE
CENTER DRIVE
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. Pursuant to these Sections, an amendment to
a Development Agreement may only be entered into after following the same procedure
used in entering into an initial Development Agreement.
B. The City and California Pacific Properties, a California general partnership,
have previously entered into a Development Agreement dated October 15 1990, recorded
as Document No. 90-625289 with the Recorder of the County of Orange (hereafter
referred to as the "Development Agreement"). On February 23, 1995, a portion of the
property covered by the Development Agreement was transferred to C.J. Segerstrom and
Sons, by Grant Deed recorded as Document No. 95 0099264 with the Recorder of the
County of Orange. This Amendment relates solely to the property described in said Grant
Deed which is owned by C.J. Segerstrom and Sons. The term of the original
Development Agreement is fifteen (15) years.
C. C.J. Segerstrom and Sons has applied to amend the Development
Agreement between the parties to extend the Development Agreement's term by adding
an additional ten (10) years, for a total of twenty-five (25) years from and after the date of
execution of the original Development Agreement (subject to express exceptions noted in
the Development Agreement).
D. The City enters into this amendment to the Development Agreement
pursuant to the provisions of the Government Code and applicable City policies.
Ordinance No. NS-2688
Page 1 of 3
11 B-1
E. The Planning Commission has, following a duly noticed public hearing, on
April 25, 2005, recommended approval of this Development Agreement.
F. 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 project developer 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.
G. The City Council has held a noticed public hearing on this Ordinance, and
has considered all testimony presented thereto.
H. This project has been found to be exempt from the provisions of the
California Environmental Quality Act and a notice of exemption shall be filed in relation
thereto.
SECTION 2: The amendment to 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 Council is hereby authorized and directed to cause this Development Agreement to
be recorded with the County Recorder's Office.
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
Ordinance No. NS-2688
Page 2
11 B-2
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-2688 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-2688
Page 3 of 3
11 B-3
. .
, '
, '
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
ATfN: Clerk of the Council
FREE RECORDING
GOVERNMENT CODE ~ 6103
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
THIS AMENDMENT is made and entered into this _ day of , 2005, by and
between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and
existing under the Constitution and laws ofthe State of California ("City") and C,J.
SEGERSTROM & SONS, a California general partnership ("Developer").
City and Developer hereby agree as follows:
A. 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 Developer in the
development process. City enters into the Amendment pursuant to the provisions of the
Government Code and applicable City policies.
B. The City and California Pacific Properties, a California general partnership, have
previously entered into a Development Agreement dated October 15 1990, recorded as Document
No. 90-625289 with the Recorder of the County of Orange (hereafterreferred to as the
"Development Agreement"). On February 23, 1995, a portion of the property covered by the
Development Agreement was transferred to Developer, by Grant Deed recorded as Document
No. 95-0099264 with the Recorder of the County of Orange This Amendment relates solely to the
property described in said Grant Deed which is owned by Developer.
C. The City and Developer wish to amend the Development Agreement between the
parties to extend the Development Agreement's term, which is originally of fifteen (15) years, by
adding an additional ten (10) years, for a total of twenty-five (25) years from and after the date
of execution of the Development Agreement (subject to express exceptions noted in the
Development Agreement).
D. The parties hereto acknowledge the following:
(1) This Amendment is intended to assure adequate public facilities at the
time of development.
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(2) This Amendment is intended to assure development in accordance with
City's General Plan, applicable Specific Design Zoning and Capital Irnprovement Plan. .
(3) This Amendment will penn it achievement of goals and objectives as
reflected in the City's General Plan and all applicable Specific Design Zoning.
(4) Developer is required by existing City regulations to provide mitigation
for certain impacts and pay certain regulatory fees as conditions of approvals through the
regulatory process.
(5) This Amendment will allow City to realize extraordinary and significant
public infrastructure facilities and other supplemental benefits in addition to those available
through the existing regulatory process.
(6) Many of the extraordinary and significant benefits identified as
consideration to City for entering into this Amendment represent benefits which would not
otherwise be required as part of the development process. .
F. On April 25, 2005, 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 Developer's application for this Amendment. The Planning
Commission recommended to the City Council of City that it execute this Amendment. On
,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 Developer's application for this
Amendment.
G. Property Affected hy thic; Agreement. This Amendment pertains solely to the
property as illustrated in Exhibit "A-l and described in Exhibit "A-2 to this Amendment, which
are incorporated herein by this reference as though fully set forth. In case of any discrepancy
between Exhibit "A-l and Exhibit "A-2 , the parties agree and acknowledge that Exhibit "A-2
shall prevail in full.
H. Ienn. Section 4 of the Development Agreement is hereby amended to read, in its
entirety, as follows:
4. Ienn.
(a) The tenn ("Tenn") of this Development Agreement is
twenty-five (25) years from the date of execution, subject to earlier tennination as
hereinafter provided.
(b) Pursuant to Section 66452.6(a) of the California Subdivision
Map Act, any tentative Subdivision Map approval for the Property shall also be
extended for a period equal to the period this Agreement remains in effect.
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11 B-5
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1. Effect of A mendment. Exhibits "A-l and "A-2 to this Amendment shall
supercede and replace Exhibit "A" to the Development Agreement. Except as necessary to
implement the intent of this Amendment, the Development Agreement shall remain in full force
and effect. In the event of a conflict, terms contained herein shall prevail over conflicting
provisions of the Development Agreement.
J. Effective Date 1 Jnchanged. The parties to this Amendment further agree
that the effective date of the Development Agreement, set forth in paragraph 26 therein,
is unaffected by this Amendment to the Development Agreement.
IN WITNESS WHEREOF, the Parties have executed this Amendment the day and year fIrst
above written.
ATTEST:
CITY OF SANTA ANA,
a charter city and municipal corporation
Patricia E. Healy
Clerk of the Council
By
David N. Ream
City Manager
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
C,J. SEGERSTROM & SONS,
a California general partnership,
By
Benjamin Kaufman
Chief Assistant City Attorney
By: Henry T. Segerstrom Management LLC,
a California limited liability company,
Manager ..
Approved as to Fonn.
Latham & Watkins LLP
B~~
By: HTS Management Co., Inc.,
a California corporation
ManJ J
By:. ' (] J 1'( Vjfi?A~
Title: Senior Vice President
3
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEI\fErh
State of California )
) s.s.
County of Orange )
On May 3, 2005 before me, Karen G. Wholey, Notary Public, personally appeared Henry T. Segerstrom,
personally know to me to be the person whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument
i ..... ....~ - ..... ~ ..... .... -. -. ..... -.
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~.: - Notary Public - California ~
J \ . Orange County f-
~ M1 Cwrlrn, ~lr'QlI May 4, 2006
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State of California)
ss
County of Orange)
On May 3, 2005, before me, Karen G. Wholey, Notary Public, personally appeared Sally E. Segerstrom, personally
known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she
executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity
upon behalf of which the person acted, executed the instrument.
J---.....-..... -.-...... -............-. ....
~ KAREN G. WHOLEY
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~ Orange County i
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OPTIONAL
CAPACITY CLAIMED BY SIGNERS
Partners:
D Limited
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Signers are representing:
C.J. Segerstrom & Sons, by Henry T. Segerstrom Management LLC.
HTS Management Co., Inc.
DESCRIPTION OF ATTACHED DOCUMENT
Title or type of document:
Number of pages:
_ (excluding loose certificates)
Date of document:
Signer(s) other than named above:
11 B-7
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Notary Public in and for said State
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Exhibit "A-2
Legal Description
All that certain real property located in the City of Santa Ana, County of Orange, State of
California, and more particularly described as follows:
Parcel A (Undeveloped Land):
Parcell, in the City of Santa Ana, County of Orange, State of California, as per map filed in
Book 121, pages 14 and 15 of Parcel Maps, in the Office of the County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
Also excepting therefrom that portion included within Tract No. 11420, in the City of Santa Ana,
County of Orange, State of California, as per map recorded in Book 492, pages 6 through 9 of
Miscellaneous Maps, in the Office of the County Recorder of said County.
Parcel B (Undeveloped Land):
Lot 1 of Tract No. 11420, in the City of Santa Ana, County of Orange, State of California, as per
map recorded in Book 492, pages 6 through 9 of Miscellaneous Maps, in the Office ofthe
County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. 1. Segerstrom & Sons, a California general,
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
Parcel C (Undeveloped Land):
Parcel 2 of Parcel Map No. 84-876, in the City of Santa Ana, County of Orange, State of
California, as per map filed in Book 196, pages 22, 23 and 24 of Parcel Maps, in the Office of
the County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. 1. Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13 766, page 610 of Official
Records.
11 B-1 0
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Parcel D (Developed Land):
Parcell of Parcel Map No. 84-876, in the City of Santa Ana, County of Orange, State of
California, as shown on a map filed in Book 196, pages 22 to 24 inclusive of Parcel Maps, in the
Office of the County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records;
Parcel E (private Street and Driveway)
Lots A, Band C of Tract No. 11421, in the City of Santa Ana, County of Orange, State of
California, as per map recorded in Book 505, pages 20 to 22 inclusive, of Miscellaneous Maps, .
in the Office of the County Recorder of said County.
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CITY COUNCIL COMMITTEE ON
NEIGHBORHOOD IMPROVEMENT/CODE ENFORCEMENT
Meeting Minutes
April 26, 2005
CALL TO ORDER
The meeting was called to order at 5:34 p.m. in Room 831 of City Hall.
ATTENDANCE
The following Councilmembers were present: Lisa Bist and Carlos Bustamante
Councilmember Alberta Christy excused absence
Staff present were: Kenneth Adams, Assistant Director/Planning and Building Agency; Ben
Kaufman, Chief Assistant City Attorney; and Bruce Dunams, Community Preservation Manager.
AGENDA ITEMS
1. APPROVAL OF MINUTES - MARCH 22, 2005 ADJOURNED MEETING
Approved by a vote of 2:0 (Christy absent)
2. VENDING TRUCK ORDINANCE UPDATE
Bruce Dunams provided an update describing the code enforcement activities related to
the vending truck enforcement over the past several months. At the time of the meeting
no communication had been received from the mobile vendors group or its
representative. The committee asked staff to prepare a presentation of the previous
proposed program in its entirety so that the committee could make a determination of its
proposal to present to the City Council.
3. DUE ON SALE GARAGE INSPECTION PROGRAM
Ben Kaufman gave an overview of the research that he prepared from various programs
throughout the country. He discussed a variety of programs in the state of California,
and also outlined the program in Minneapolis, Minnesota which he believed to be the
most comprehensive. The programs were as varied as the jurisdictions.
Tim Rush presented the committee with historical efforts to develop a due on sale
inspection program in the city. He discussed the resistance of the local real estate
brokers association to such a program due to the potential negative consequences to
their real estate transactions.
The committee asked staff to prepare a brief history of the work efforts of the
organization to date.
13B-1
4. REAL ESTATE BROKER DISCLOSURE ISSUES
Ben Kaufman presented a legal perspective of the real estate disclosure issues. His
comments suggested that many of the cases that had been brought to the attention of
the committee were most likely issues of fraud which would best be dealt with in the
legal system. He did not recommend the committee attempt to develop new legislation
to address this issue as he felt there are adequate protections under the current system.
5. PUBLIC COMMENTS
Julie Stroud commented that the police response time to shots being fired at Bristol and
Santa Clara was very slow.
6. COMMITTEE MEMBER COMMENTS - None
7. ITEMS FOR NEXT MEETING
A. Continuous discussion of the Vendor Truck Ordinance - Staff
B. Update of City/County Deputy Inspection Program - Bustamante
C. Review of the Ice Cream Truck Ordinance - Staff
D. Discussion of Due on Sale Garage Inspection Program - Staff (if time allows)
8. NEXT MEETING DATE: Tuesday, May 24, 2005
ADJOURNMENT - 7:42 P.M.
~~~
Kenneth Adams
Assistant Director
Planning & Building Agency
S:CouncH CommINlCE CC/NICE Minutes 04-26-05
Neighborhood ImprovemenUCode
Enforcement Council Committee Minutes
2
April 26. 2005
13B-2
SANTA ANA CITY COUNCIL COMMITTEE
PUBLIC SAFETY
Minutes of Meeting
March 28, 2005
CALL TO ORDER
The meeting was convened at 6:00 p.m. in City Hall, 20 Civic Center Plaza, 8th
Floor, Room 831, Santa Ana, California.
ATTENDANCE
Councilmembers present: Councilmembers Alberta Christy, Claudia Alvarez and
Carlos Bustamante.
Staff present: Assistant City Manager Debra Kurita, Assistant City Attorney
Paula Coleman, Police Chief Paul Walters, Fire Chief Phil Garcia, Fire Marshal
Lori Smith, Lieutenant Carlos Rojas, Sergeant Lorenzo Carrillo, Officer Adrian
Silva, Police Service Officer Georgina Rivas.
Public present: Ray and Evangeline Gawronski, and Dave Guccione, TNT
Fireworks.
SUMMARY OF DISCUSSIONS
1. APPROVAL OF MINUTES
Approved Minutes of the January 10, 2005 meeting.
2. TRUANCY UPDATE - POSSIBLE GRANT FUNDING
Chief Walters distributed a memorandum written by Lt. Bill Tegeler
detailing the continuing efforts to obtain grant funding for the OC Truancy
Program. The Police Department is working with the Parks, Recreation &
Community Services Agency in submitting an application for a Federal
Department of Corrections Title V Grant in which we have specifically
identified truants as a risk factor and gateway to juvenile delinquency.
The grants are scheduled for a mid-May award. The Police Department
will advise the Committee as to the progress of this application.
3. CRIME-FREE MULTI-HOUSING PROGRAM
PSO Rivas presented a pilot program for the Northeast Division entitled
Crime-Free Multi-Housing. The targeted area boundaries are 17th to 1 st
and Flower to Grand. The purpose of the program is to partner with
apartment owners and managers of rental property to help keep drugs,
gangs and other illegal activity off of their property.
13B-3
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The Fire Department and Community Preservation were included in the
manual and will also be involved in the project. The program consists of
three phases: 1) A free 8-hour training program to equip apartment
managers with skills in protecting the rental property investment; 2) Crime
prevention through environmental design; and 3) Tenant safety meetings.
The first training class for apartment managers is scheduled for May 4,
2005.
4. POLICE DEPARTMENT'S COMMUNITY RELATIONS TEAM (CRT)
Lt. Rojas reviewed the Police Department's Community Relations Team
and some of the projects they have been involved with in the community.
The Team consists of 15 Police Department volunteer employees from
various Divisions who desire to reach out and share information with the
community. They are available to speak to community groups and forums
on specific topics, conduct question and answer forums about public
safety and attend community events. Sgt. Carrillo will be the new contact
person for the CRT.
5. ILLEGAL FIREWORKS EDUCATIONAL CAMPAIGN
Fire Chief Garcia, Fire Marshal Smith, Lt. Rojas and Officer Silva reviewed
the proposed educational campaign and presented newly prepared flyers
regarding illegal fireworks to the Committee. The campaign has three
components: Awareness, Education and Enforcement. Businesses are
supporting the program by displaying posters and flyers, paid for by John
Kelly of TNT Fireworks. The campaign includes public service
announcements on Spanish TV stations and press conferences with visual
illustrations of the dangers of using illegal fireworks. Presentations will be
conducted at elementary schools with special celebrity speakers and
pledge certificates will go home to parents. The Police and Fire
Departments are committed to reducing the negative impact of the
use/possession of illegal fireworks and the irresponsible use of legal
fireworks in the community.
6. PUBLIC COMMENTS
Mr. Guccione spoke about successful programs in other cities of placing
surcharges on fireworks permits for administrative costs.
Mr. Gawronski asked about targeting PTA meetings regarding illegal
fireworks.
13B-4
C~TY OF SANTA ANA
CITY COUNCIL COMMITTEE ON
MAIN STREET DEVELOPMENT
MINUTES
March 30, 2005
CALL TO ORDER
The meeting convened at 5:45 p.m. in City Hall, Room 831, 20 Civic Center Plaza,
Santa Ana, California.
ATTENDANCE
City Council Committee members present: Councilmember Claudia Alvarez and
Council member Lisa Bist.
Staff members present: Community Development Agency Executive Director Patricia
C. Whitaker, Planning and Building Agency Executive Director Steve Harding, Planning
Manager Jay Trevino, Chief Assistant City Attorney Benjamin Kaufman, Principal
Planner Karen Haluza, Community Preservation Inspector Alvaro Nunez, Downtown
Development Manager Matthew Lamb and Redevelopment Assistant, Danell Mercado.
Community members present: None
AGENDA ITEMS
1. APPROVAL OF MINUTES - February 16, 2005
Action:
The minutes were approved 2:0
2. PROPOSED CODE ENFORCEMENT ACTIONS
A citation was issued to Auto Zone. A frame signs on South Main are receiving
citations. The sidewalk sales in Downtown are encroaching into the pedestrian
pathway. Staff will work with businesses to review the location for merchandise
during a sidewalk sale.
13B-5
3. BILLBOARD AT RAILROAD TRACKS ON SOUTH MAIN
Staff discussed with Clear Channel the condition of the billboard. Clear Channel
stated they would put up advertising and fix the broken area. Staff will
investigate the possibility of getting the owner cited for public nuisance.
4. SPURGEON BUILDING
Code Enforcement met with the owner. Some of the improvements have been
made with some tenant being evicted. Code Enforcement recommended
replacement of carpet and pad before they will sign off. The owner will not paint
and put carpet in because of possible agreement to do flats in the building. The
owner was granted a 30-day extension for compliance.
5. DOWNTOWN RETAIL SURVEY
Staff distributed and discussed the survey for Downtown that was done at the
Celebrate Santa Ana event in April 2004. The committee would like to see a
survey done with the loft owners in Downtown with more specific questions
regarding where they shop now, and what shops they would shop at in
Downtown.
6. PROJECT UPDATES
a) SWC First and Main Streets - Oriqinal Mike's-
Occupancy has been approved on the units upstairs. The owner is proposing
changes to the CUP that will require him to go back to Planning for approval.
The committee asked to have this item removed from the agenda. .
b) City Place -
Grading will start in late spring with permits for the residential component
coming in July. Committee asked to have this item removed from the
agenda.
c) YMCA-
The two proposals will go to City Council closed session on April 18, 2005.
City Council Commit,tee on Main
Street Developmen't - Minutes
2
March 30, 2005
13B-6
d) 4th Street Pushcart Status-
The agreement will go to City Council for approval on April 18. Once
approved, new carts will be ordered.
e) Sav-On Lofts - Windows and Mailboxes
Public Works will send a letter to Save-On and Loft owners to remove the
mailboxes from the sidewalk within 30 days. If the boxes are not removed,
Public Works will remove them.
Staff will investigate for the committee if a portion of all the windows can be
covered, with a remainder at the top open for light.
7. PUBLIC COMMENTS - None
8. COMMITTEE MEMBER COMMENTS -
Lisa Bist inquired about the possibility for a permit to be issued to the loft owners
for metered spaces with an annual cost associated with the permit. The City
Attorney, Ben Kaufman, will report back to the committee.
List Bist informed staff that additional signage is needed during the Artist
Openings on the first Saturday's of the month. The public is coming to the Artist
Walk, however, they don't know additional galleries and exhibits are located in
the lofts on the East side of Main. Staff will pursue placing signs up during the
event to direct the public.
9. ITEMS FOR FUTURE MEETINGS
a) Finalize downtown survey for loft owners.
b) Parking Meter Permit Program for loft owners.
c) Directional signage for 1 st Saturday of the month openings.
City Council Commit~ee on Main
Street Development - Minutes
3
March 30, 2005
13B-7
---- -1
I
10. NEXT MEETING - April 20/2005
ADJOURNMENT - The meeting was adjourned at 6:50 p.m. to April 20, 2005.
Pat icia C. Whitaker
Recording Secretary
Community Development Agency
PCW/lf
City Council Committ.ee on Main
Street Development - Minutes
4
March 30, 2005
13B-8
MEMORANDUM
~
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City Council Meeting Date: June 20. 2005
To:
Date: June 7, 2005
From:
Jam~s G{ oss, Executive Director
Public Works Agency
Subject~ Notjfication that City Engineer is Reviewing Final Parcel Map No. 2004-241 for
"-Af)'proval
Pursuant to Section 34-183 of the Santa Ana Municipal Code, this memo provides
notice that the City Engineer has received Final Parcel Map No. 2004-241 (City
Parcel Map No. 2005-04), for 2621 South Susan Street and 3121 West Central
Avenue (Exhibit I), from the owner, Aluminum Precision Products and Brad A.
Bollman, and is in the process of reviewing the map for final approval. The Tentative
Parcel Map No. 2004-241 was approved by the City Council on April 18, 2005. The
City Engineer shall approve or disapprove this map within 10 days after the City
Council meeting of June 20, 2005.
cc: Mayor and City Council
City Manager
Clerk of the Council
FinalParcelMap2004241 ReviewNotice6_20_05
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EXHIBIT 1
, SANTA ANA CITY COUNCIL
P W A ' AGENDA DATE
, ,
_.:._ -. June 20th, 2005
Title:PARCEL MAP 2004-241
2621 SOUTH SUSAN STREET
3121 WEST CENTRAL AVENUE
17 A-2
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MEMORANDUM
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City Council Meeting Date: June 20, 2005
Debra Kurita 9f!e ~-
Assistant CitYiManager
l
To:
Date: June 9, 2005
From:
James~. ~ .. ss, Executive Director
PubliC Wof1(s Agency
Subject: Notif~ion that City Engineer is Reviewing Final Parcel Map No. 2002-117 for
Approval
Pursuant to Section 34-183 of the Santa Ana Municipal Code, this memo provides
notice that the City Engineer has received Final Parcel Map No. 2002-117 (City
Parcel Map No. 2002-01), for 1607-1609 South Sycamore Street and 1606 South
Main Street (Exhibit I), from the owner, Doffo Automotive Partnership, and is in the
process of reviewing the map for final approval. The Tentative Parcel Map No. 2002-
117 was approved by the City Council on July 1, 2002. The City Engineer shall
approve or disapprove this map within 10 days after the City Council meeting of June
20,2005.
FinaIParceIMap2002117ReviewNotice6_20_05
17B-1
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EXHIBIT 1
SANTA ANA CITY COUNCIL Title: PARCEL MAP NO. 2002-117
, P W A ' AGENDA DATE 1607 -1609 SOUTH SYCAMORE S TREE T
, ,
~_CICT June 20. 2005 AND 1606 SOUTH MA INS TREE T
17B-2
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
APPROVED
D As Recommended
D As Amended
D Ordinance on 1st Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
ANNUAL STATEMENT OF INVESTMENT
POLICY
w
~
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Adopt a Resolution approving the City's Investment Policy.
2. Receive and file the Annual Statement of Investment Policy.
DISCUSSION
The Finance and Management Services Agency Executive Director annually
renders to the City Council a Statement of Investment Policy. The purpose
of the policy is to provide for the prudent investment of idle funds. The
criteria for selecting investments and the order of priority are safety,
liquidity, and yield. The investment policy applies to all financial
assets of the City.
FISCAL IMPACT
There is no fiscal impact associated with this action.
~~~~~,,~ \\.~. .
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
19B-1
MJV 06/13/2005
RESOLUTION NO. 2005-056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
CONSIDERING THE CITY'S STATEMENT OF INVESTMENT POLICY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of Santa Ana hereby finds, determines and declares
as follows:
A. California Government Code, section 53646, provides that each city may
have a written statement of investment policy to govern investment of the city's
monies.
B. Each city's treasurer or chief financial officer may, pursuant to this state
law, quarterly submit a report to the city council and the State stating, in part,
whether all investments in the preceding quarter have been made in
conformance with the statement of investment policy.
C. Pursuant to section 53646, the city's statement of investment policy may
be submitted by the city's treasurer or chief financial officer to the city council for
its consideration at a regular meeting.
D. The City Council of the City of Santa Ana has, at its regular meeting of
July 6, 2005, considered the proposed statement of investment policy attached to
this Resolution and by this reference incorporated herein as though fully set forth.
Section 3. The City Council of the City of Santa Ana hereby states that it has duly
considered the City's statement of investment policy submitted by the City's Treasurer.
Section 4. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this
day of
,2005.
Miguel A. Pulido
Mayor
19B-2
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Michael Vigliotta
Deputy City Attorney
AYES: Council members
NOES: Council members
ABSTAIN: Council members
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. 2005-056 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
19B-3
CITY OF SANTA ANA
Statement of Investment Policy
July 2005-2006
EXHIBIT 1
19B-4
CITY OF SANTA ANA
STATEMENT OF INVESTMENT POLICY
JULY 2005-2006
INTRODUCTION:
This statement is
investment of idle
investments while
Management Program.
intended to outline the policies
City funds by providing guidelines
maximizing the efficiency of the
for prudent
for suitable
City's Cash
Under the direction of the Executive Director, Finance and Management
Services, the responsibility for the day to day investment of the
City's funds is delegated to the Treasury Manager only. The
investment policy applies to all financial assets of the city and are
pooled in an actively managed portfolio. The investment pool or
portfolio will be referred to as the "Fund" throughout this document.
Bond proceeds shall be invested in accordance with requirements and
restrictions outlined in the bond documents. Bond proceeds are not
considered part of the Fund nor subject to this Investment Policy.
The City's Cash Management Program is designed to accurately monitor
and forecast expenditures and revenues, thus enabling the investment
of funds to the fullest extent possible. Maturities are matched as
close as possible to coincide with cash requirements.
The investment policies and practices of the City of Santa Ana are
based upon Federal, State and Local law and prudent money management.
The primary goals of these policies are:
1. To assure compliance with all Federal, State and Local
laws governing the investment of monies.
2. To provide for the safety of principal and sufficient
liquidity.
3. To provide an investment return wi thin the parameters of
this Statement of Investment Policy and the Investment
Portfolio Guidelines.
Officers and employees involved in the investment process shall
refrain from personal business activity that could conflict with the
proper execution and management of the investment program, or that
could impair their ability to make impartial decisions. Employees
and investment officials shall disclose any material interests in
financial institutions with which they conduct business. They shall
further disclose any personal financial/investment positions that
could be related to the performance of the investment portfolio.
Employees and officers shall refrain from undertaking personal
investment transactions with the same individual with whom business
is conducted on behalf of their entity.
f9B-5
CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY
JULY 2005-2006
OBJECTIVES:
1. SAFETY OF PRINCIPAL Safety of principal is the foremost
objective of the City of Santa Ana. Each investment transaction
shall be undertaken in a manner that seeks to ensure preservation
of capital in the overall portfolio. The objective will be to
mitigate credit risk and interest rate risk.
A. Credit Risk
Credit Risk is the risk
security issuer or backer.
of loss due to the failure of
Credit risk may be mitigated by:
the
Limiting investments to the safest types of securities;
Pre-qualifying the financial institutions,
broker/dealers, intermediaries, and advisors with which
an entity will do business; and
Diversifying the investment portfolio so that potential
losses on individual securities will be minimized.
B. Interest Rate Risk
Interest rate risk is the risk that the market value of
securities in the portfolio will fall due to changes in general
interest rates. Interest rate risk may be mitigated by:
Structuring the Fund so that securities mature to meet
cash requirements for ongoing operations, thereby
avoiding the need to sell securities on the open market
prior to maturity, and
By investing operating funds primarily in shorter-term
securities.
The cash flow is updated on a daily basis and will be considered
prior to the investment of securities, which will reduce the
necessity to sell investments for liquidity purposes.
2. LIQUIDITY - The investment portfolio shall remain sufficiently
liquid to meet all operating requirements that may be reasonably
anticipated. This is accomplished by structuring the portfolio
so that securities mature concurrent with cash needs to meet
anticipated demands (static liquidity). Furthermore, since all
possible cash demands cannot be anticipated, the portfolio should
consist largely of securities wi th active secondary or resale
markets (dynamic liquidity).
3. YIELD - The City's Fund shall be designed with the objective of
attaining a market-average rate of return throughout budgetary
and economic cycles taking into account the investment risk
constraints and liquidity needs. Return on investment is of
least importance compared to the safety and liquidity
19B-6
CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY
JULY 2005-2006
objectives described above.
limi ted to relatively low risk
earning a fair return relative
Securities shall not be sold
following exceptions:
The core of investments are
securi ties in anticipation of
to the risk being assumed.
prior to maturity with the
1) a declining credit security could be sold early to
minimize loss of principal;
2) a security swap would improve the quality, yield, or
target duration in the portfolio; or
3) liquidity needs of the portfolio require that the
security be sold.
The market-average rate of return is defined as the average
return on three-month U.S. Treasury Bills.
The City strives to maintain one hundred percent (100%) investment
of idle funds after consideration for a compensating balance to
cover the cost of services provided by the bank. The funds
available for investment are determined by cash flow proj ections
updated daily. Investments are monitored so that legal limits on
types of investments are not exceeded.
AUTHORIZED INVESTMENTS:
The "prudent person" standard shall be applied in the context of
managing the overall portfolio. Investment officers acting in
accordance with written procedures and this investment policy and
exercising due diligence shall be relieved of personal
responsibility for an individual security's credit risk or market
price changes, provided deviations from exceptions are reported in a
timely fashion and the liquidity and the sale of securities are
carried out in accordance with the terms of this policy. Investments
shall be made with judgement and care, under circumstances then
prevailing, which persons of prudence, discretion, and intelligence
exercise in the management of their own affairs, not for
speculation, but for investment, considering the probable safety of
their capital as well as the probable income to be derived.
The City is governed by the California Government Code, Sections
53600, 16429.1 and 53684 et seq. Santa Ana further restricts the
permitted investments to those listed below. Within this scope, the
City diversifies its investments by maturity dates and types of
investments. Concentration limits are indicated for all investment
categories except Treasury securities, which are considered the
safest investments.
A. United States Treasury Bills, Notes, and Bonds, for which the
full faith and credit of the United States are pledged for
payment of principal and interest. Purchases of this category
shall not exceed five years to maturity. There is no
f9B-7
CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY
JULY 2005-2006
percentage limit in this category.
B. Obligations issued by a Federal Agency or a United States
Government Sponsored Enterprise. Federal Agency Issues
include, but are not limited to GNMA (Government National
Mortgage Association), FFCB (Federal Farm Credit Bank), FHLB
(Federal Home Loan Bank Board), FHLMC (Federal Home Loan
Mortgage Corporation) , FNMA (Federal National Mortgage
Association), SLMA (Student Loan Marketing Administration), FHA
(Federal Housing Administration) and TVA (Tennessee Valley
Authority). Although there is no percentage limitation on these
issues, the "prudent investor" rule shall apply for a single
agency name as U.S. Government backing is implied rather than
guaranteed.
C. Bills of exchange or time drafts drawn on and accepted by a
commercial bank, otherwise known as banker's acceptances, which
are eligible for purchase by the Federal Reserve System.
Purchases of banker I s acceptances may not exceed one hundred
eighty (180) days or forty percent (40%) of the cost value of
the Fund which may be invested pursuant to this section.
However, no more than thirty percent (30%) of the City1s cost
value of the Fund may be invested in the bankers acceptances of
anyone commercial bank pursuant to this section.
D. Commercial paper of "prime I , quality of the highest ranking or
of the highest letter and number rating as provided for by
Moody's Investor Services, Inc. (Moody's), Standard and Poor's
(S&P)or Fitch Financial Services, Inc. (Fitch) . The
corporation that issues the commercial paper shall be organized
and operating within the United States, shall have total assets
in excess of five hundred million dollars ($500,000,000), and
shall issue debt, other than commercial paper, if any, that is
rated "A" or higher by Moody I s or S&P or Fitch. Eligible
commercial paper shall have a maximum maturity of two-hundred
seventy (270) days or less. The City may purchase no more than
ten percent (10%) of the outstanding commercial paper of any
single corporate issue. Purchases of commercial paper may not
exceed twenty-five percent (25%) of the surplus money which may
be invested.
E. Negotiable certificates of deposit issued by a nationally or
state-chartered bank, a savings association or a federal
association (as defined by Section 5102 of the Financial
Code), a state or federal credit union or by a state-licensed
branch of a foreign bank. However, the City shall not invest
in negotiable certificates of deposit issued by a state or
federal credit union if a member of the City Councilor any
City personnel with investment decision making authority also
serves on the board of directors, or any committee appointed
by the board of directors, or the credit committee or the
supervisory committee of the state or federal credit union
f9B-8
CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY
JULY 2005-2006
issuing the negotiable certificates of deposit. The City's
investment in negotiable certificates of deposit may not
exceed thirty percent (30) of the cost value of the Fund. The
amount so invested shall be subject to the limitations of
Government Code Section 53638 which generally provides that
the deposit shall not exceed the shareholder's equity of any
depository bank, or the total net worth of any depository
savings association or federal association, or the total of
the unimpaired capital and surplus of an insured industrial
loan company.
F. Repurchase Agreements. For purposes of this section, the term
"repurchase agreement means a purchase of securities by the
local agency pursuant to an agreement by which the seller will
repurchase the securities on or before a specified date and for
a specified amount and will deliver the underlying securities
to a third party custodian. The City may invest in repurchase
agreements wi th primary dealers of the Federal Reserve with
which the City has entered into a PSA master repurchase
contract which specifies terms and conditions of repurchase
agreements. The market value of securities used as collateral
for repurchase agreements shall not be allowed to fall below
102 percent of the value of the repurchase agreement and shall
be valued daily by the tri-party custodial agent. Securities
that can be pledged for collateral shall consist only of
investments permitted within this policy with a maximum
maturity of five (5) years. If there is a default of the
broker, the collateral securities can be sold. Since the
securities are valued daily, it is likely that the sale
proceeds will equal or exceed the value of the repurchase
agreement amount. Purchases in this category shall not exceed
ninety (90) days or thirty percent (30%) of the cost value of
the Fund.
G. Local Agency Investment Fund - State Pool. The City may invest
in the Local Agency Investment Fund (LAIF) established by the
State Treasurer under California Government Code Section
16429.1 for the benefit of local agencies. Although there is
no percentage limitation on this fund, the "prudent investor"
rule shall apply for a single agency name.
H. Medium Term Corporate Notes issued by corporations organized
and operating within the United States or by depository
institutions licensed in the United States or any state and
operating within the United States. Notes eligible for
investment shall be rated in a rating category of "A" or its
equivalent or better by a nationally recognized rating service.
Purchases in this category shall not exceed three (3) years to
maturity or fifteen percent (15%) of the cost value of the
Fund. Purchases in a single issuer in this category shall not
exceed five percent (5%) of the cost value of the Fund.
f9B-9
CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY
JULY 2005-2006
I. Shares of beneficial interest issued by diversified management
companies that are money market funds registered with the
Securities and Exchange Commission under the Investment Company
Act of 1940. The company shall have met either of the
following criteria:
1. At tained
numerical
following:
the highest ranking or the highest
rating provided by not less than
Moody's, S&P or Fitch, and
letter
two of
and
the
2. Retained an investment adviser registered or exempt from
registration with the Securities and Exchange Commission
with not less than five (5) years experience managing money
market funds with assets under management in excess of five-
hundred million, dollars ($500,000,000). The purchase price
of shares of beneficial interest, (mutual funds) purchase
pursuant to this subdivision shall not include any
commission that these companies may charge.
J. Ineligible investments. Investments not described herein are
ineligible investments. In accordance with Section 53631.5 of
the Government Code, the City shall not invest any funds in
inverse floaters, range notes, or interest only strips that are
derived from a pool of mortgages. In addition, the City shall
not invest any funds in any security that could result in zero
interest accrual if held to maturity. However, prohibited
securities that are in the City's portfolio, as of the date of
this policy adoption, may be held until their maturity dates.
DEPOSITORY SERVICES
Money must be deposited in state or national banks, state or federal
savings associations or state or federal credit unions in the state.
It may be in inactive deposits, active deposits or interest-bearing
active deposits. The deposits cannot exceed the amount of the
bank's or savings and loan's paid up capital and surplus.
The bank or savings and loan must secure the active and inactive
deposits with eligible securities having a market value of one-
hundred, ten percent (110%) of the total amount of the deposits.
State law also allows as an eligible security, first trust deeds
having a value of one-hundred, fifty percent (150%) of the total
amount of the deposits. A third class of collateral is letters of
credit drawn on the Federal Home Loan Bank (FHLB).
The treasurer may waive, at his discretion, security for that
portion of a deposit which is insured pursuant to federal law.
Currently, the first one-hundred, thousand ($100,000) of a deposit
is federally insured. It is to the City's advantage to waive this
collateral requirement for the first $100,000 because we receive a
higher interest rate.
f9B-10
CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY
JULY 2005-2006
QUALIFIED DEALERS AND INSTITUTIONS:
The City shall transact business only with banks, savings and loans
and registered investment securities dealers. The purchase by the
City of any investment other than those purchased directly from the
issuer, shall be purchased either from an institution licensed by
the State as a broker-dealer, as defined in Section 25004 of the
Corporations Code, who is a member of the National Association of
Securities Dealers, or a member of a Federally regulated securities
exchange, a National or State-Chartered Bank, a Federal or State
Association (as defined by Section 5102 of the Financial Code), or a
brokerage firm designated as a Primary Government Dealer by the
Federal Reserve Bank. The City Treasurer's staff shall investigate
all institutions which wish to do business with the City, in order
to determine if they are adequately capitalized, make markets in
securities appropriate to the City's needs, and agree to abide by
the conditions set forth in the City of Santa Ana I s Investment
Policy and Investment Portfolio Guidelines. This will be done
annually by having the Financial Institutions complete and return
the appropriate questionnaire, and an audited Financial Statement
must be provided within one-hundred, twenty (120) days of the
Institution's fiscal year-end.
SAFEKEEPING OF SECURITIES:
To protect against potential losses caused by collapse of individual
securities dealers, all securities owned by the City except
securities used as collateral for repurchase agreements, shall be
kept in safekeeping with "perfected interest" by a third party bank
trust department, acting as agent for the City under the terms of a
custody agreement executed by the bank and by the City. All
securities will be received and delivered using standard delivery
versus payment procedures.
INTERNAL CONTROLS:
The Executi ve Director, Finance and Management Services is
responsible for establishing and maintaining an internal control
structure designed to ensure that the assets of the entity are
protected from loss, theft or misuse. The Executive Director,
Finance and Management Services has developed a system of internal
investment controls and a segregation of responsibilities of
investment functions in order to assure an adequate system of
internal control over the investment function. Internal control
procedures address wire controls, separation of duties, delivery of
securities to a third party for custodial safekeeping, and written
procedures for placing investment transactions.
f9B-11
CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY
JULY 2005-2006
Cash balances are reconciled daily by non-investment employees and
reconfirmed by the City's accounting staff. In addition, the City's
accounting staff also verifies investment activities and holdings on
a monthly basis. The Executive Director, Finance and Management
Services shall establish a process for annual independent review by
an external auditor to the extent contemplated by generally accepted
auditing standards.
REPORTING:
Under the provisions of Section 53646 of the Government Code, the
Executive Director, Finance and Management Services shall render a
report to the City Council, City Manager, and the internal auditor
containing detailed information on all securities, investments, and
moneys of the City. The report will be submitted on at least a
quarterly basis and provided to the Council within thirty (30) days
following the end of the quarter.
The report will contain the following information on the funds that
are subject to this investment policy: 1) the type of investment,
name of the issuer, date of maturity, par and cost in each
investment, 2) the weighted average maturity of the investments, 3)
any investments, including loans and security lending programs, that
are under the management of contracted parties, 4) the market value
and source of the valuation, 5) a description of the compliance
with the statement of investment policy, and 6) a statement
denoting the City's ability to meet its pool's expenditure
requirements for the next six months.
POLICY REVIEW:
This investment policy shall be reviewed at least annually to ensure
its consistency with the overall objectives of preservation of
PRINCIPAL, LIQUIDITY, AND YIELD and its relevance to current law,
financial and economic trends, and to meet the needs of the City of
Santa Ana.
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
19B-12
REQUEST FOR
COUNCIL ACTION
~
CCd\lcallon J~'
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~v ~
CITY COUNCIL MEETING DATE:
JUNE 20, 2005
TITLE:
CLERK OF COUNCIL USE ONLY:
CONTRACT RENEWAL FOR
CONSTRUCTION SIGN INSTALLATION
(SPEC. NO. 02-050)
APPROVED
o As Rec:ommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
?'
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,
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Renew the contract with Myers & Sons
purchase and installation of construction
in annual amount not to exceed $20,000.
Hi-Way
signs,
Safety, Inc. for the
for a one-year period
DISCUSSION
The Public Works Agency is responsible for a variety of major
improvements to the City's streets, storm drains and sewers, buildings,
and parks. Projects approved by City Council are identified with
construction signs containing the logo: "a sign of things to come".
Signs are used to inform the public of improvements made to the
community by the City of Santa Ana.
On May 20, 2002, the City Council awarded a contract to Myers & Sons
Hi -Way Safety, Inc. for a two-year period, with provision for two one-
year renewals. The vendor has performed satisfactorily during the past
contract period and has agreed to renew the contract without an
increase in pricing. Staff recommends the final renewal of the
contract.
FISCAL IMPACT
The costs of the signs will be charged to the various projects in the
City's Capital Improvement Program.
~iJA ~~
( JAmes G. Ross
, I
\ fixecuti ve Director
\~Public Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
'" ~<:\~~ l ~..) \.~ --:. >
Francisco Gutierrez f~
Executive Director
22A_1inance & Mgmt. Services Agency
CS :JB3
22A-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
~7 /(1;;Z"
M"~k:11
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
CONTRACTS RENEWAL FOR
VEHICLE BODY REPAIR
(SPEC. NO. 04-002)
CONTINUED TO
11
FILE NUMBER
RECOMMENDED ACTION
Renew the contracts for vehicle body repair for a one-year period in
the annual aggregate amount not to exceed $150,000 with the following
Santa Ana vendors:
Doffo Automotive, Inc.
Eleganze Auto Paint & Body Works, Inc.
Kelly's Body Shop, Inc.
DISCUSSION
The Fleet Maintenance Division is responsible for the repair of damaged
vehicles within the City fleet inventory of approximately 800 vehicles,
including police patrol sedans. Body, frame, and certain mechanical
and electrical system repairs are often contracted out. The contracts
permit prompt and efficient repair of vehicles with a minimum
interruption of service.
On June 21, 2004, the City council awarded contracts 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 contracts.
22B-1
CS 383
Contracts Renewal for Vehicle Body Repair
(Spec. No. 04-002)
June 20, 2005
Page 2
FISCAL IMPACT
Funds are available in the Fleet Service Equipment Maintenance - Garage
Operations Maintenance & Repair of Machinery & Equipment account
(account no. 75-111-6281).
'\~~~.l t--.ll" lJ ~ ~~ ~ "->
~ Francisco Gutierrez
Executive Director fJ
Finance and Management Services Agency
FG/KM/04-002-R.2:sp
22B-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
CONTRACT AMENDMENT FOR
ASPHALT STREET MAINTENANCE
(SPEC. NO. 04-010)
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
aAa
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Amend the contract with Hardy & Harper, Inc., a Santa Ana vendor,
increasing the asphalt street maintenance by $172,825. for a total not
to exceed $695,855.
DISCUSSION
The Public Works Agency's Street Maintenance Division is responsible
for maintaining the streets of Santa Ana. In order to do so, a
contract for annual asphalt street maintenance operations is required.
Contract services include the excavation and cold milling of existing
roadways, the installation of pavement reinforcement fabric,
construction of asphalt concrete pavement, and crack sealing. In
addition, the contract provides for water system maintenance, which
includes water trench repair, and the adjustment of water valve boxes
and manhole frames and covers to the new grade level.
On May 5, 2004, the City Council awarded a contract to Hardy & Harper,
Inc., a Santa Ana vendor, for the maintenance of the City's asphalt
street pavement. During the past year, the high seasonal rainfall
resulted in an increase in potholes and other damage to the City
streets. Staff requests approval to increase the contract limit for
Hardy & Harper, Inc. to provide uninterrupted asphalt street
maintenance through the end of the contract term.
22C-1
CS 383
Contract Amendment for Asphalt Street Maintenance
(Spec. No. 04-010)
June 20, 2005
Page 2
FISCAL IMPACT
Funds are available
Contractual Services
Improvement other than
59-551-6631) .
in the Public Works Road Maintenance Other
account and the Select Street Construction
Buildings account (account nos. 11-631-6291 and
APPROVED AS TO FUNDS AND ACCOUNTS:
~LJ4 tZ
Jam s G. Ross
, E cutive Director
~lC Works Agency
~~){\.~\.~r~) \\,~~. "'-->
~ Francisco Gutierrez fk!
Executive Director
Finance & Mgmt. Services Agency
JGR/WO/04-010-A.9:sp
22C-2
REQUEST FOR
COUNCIL ACTION
~
""~
CITY COUNCIL MEETING DATE:
JUNE 20, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACTS RENEWAL FOR
TRANSMISSION SERVICE
(SPEC. NO. 04-081)
APPROVED
D As Recommended
D As Amended
D Ordinance on 1 st Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
t
a.~tZ
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Renew the contracts for transmission service for a one-year period in
the annual aggregate amount not to exceed $50,000 with the following
vendors:
Vendor:
AAMCO Transmissions
Fiesta Tech Inc. d/b/a Fiesta Transmission
Leon's Transmission Service, Inc.
McCoy Motor Co., Inc. d/b/a Mills Ford
Transmission Masters
Location:
Santa Ana
Santa Ana
Garden Grove
Anaheim
Santa Ana
DISCUSSION
The Finance and Management Services Agency's Fleet Maintenance Division
is responsible for the repair and periodic maintenance of the City's
800 fleet vehicles, including police patrol sedans. Various heavy-duty
and lightweight vehicles require transmission repairs that cannot be
performed on-site at the Corporate Yard. The contract will provide the
repairs necessary to ensure safe and efficient vehicle operation.
On July 6, 2004, the City council awarded contracts 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 contracts.
220-1
CS 383
Contracts Renewal for Transmission Service
(Spec. No. 04-081)
June 20, 2005
Page 2
FISCAL IMPACT
Funds are available in the Fleet Service Equipment Maintenance - Garage
Operations Maintenance & Repair of Machinery & Equipment account
(account no. 75-111-6281).
"t~~'t-:~l' "-~ ~. ~.': .
% Franci~co G,:tierrez fvJ
Executlve Dlrector
Finance and Management Services Agency
FG/KM/04-081-R.2:sp
220-2
REQUEST FOR
COUNCIL ACTION
~
~~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
CONTRACTS RENEWAL FOR FURNITURE
(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
~A'
/ " //7 a"~ ____
CONTINUED TO
~
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Renew the contracts for the purchase of furniture based upon the U.S.
Communities and County of Orange contracts for a total aggregate amount
not to exceed $339,000 with the following vendors:
Haworth, Inc.
Knoll
School Specialty
Vireo
Herman Miller, Inc.
McMahan Desk
Steelcase (Tangram Interiors)
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 Office
of Disaster Preparedness.
In order to improve the City of Santa Ana's ability to prevent, plan
for, respond to, and recover from a terrorism incident, the Emergency
Operations Center (EOC) will be enhanced. In addition, the City's EOC
will serve as the back-up EOC for Orange County's EOC at Loma Ridge.
The enhancement includes the purchase of various furniture items such
as desks, tables, modular workstations, partitions, and ergonomic
chairs.
22E-1
CS 383
Contracts Renewal for Furniture
(Spec. 04-083)
June 20, 2005
Page 2
Additionally, the Santa Ana Police Department and Jail; the Fire
Department; and other City departments require various replacement
furniture items to maintain a high-quality work environment for staff.
Also, Parks, Recreation & Community Services requires various furniture
i terns to furnish the Santiago Creek wildlife & Watershed Center, as
well as, replacement furniture items for the El Salvador and Jerome
Recreation Centers.
U. S. Communi ties recently awarded contracts for furniture with
manufacturers such as Haworth, Herman Miller, Inc., School Specialty,
Steelcase (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,
Salman, Howe, Hon, and HumanScale.
The City Council adopted Ordinance No. NS-2312 authorizing
purchase against contracts with other government agencies
competi ti ve 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
FISCAL IMPACT
Funds are available in the Office of Emergency Services (OES) Urban
Areas Security Initiative (UASI) Grant Machinery and Equipment account
(account no. 125-331-6641) and in the various departmental Operating
Materials & Supplies and Machinery & Equipment accounts (obj ect codes
6391 and 6641) .
~ 1\1:\.\'<..,,:, M " ~~.:. > fl
~ Francisco Gutierrez
Executive Director
Finance & Management Services Agency
FG/TO/04-083-R.2:sp
22E-2
REQUEST FOR
COUNCIL ACTION
~
.,~
CITY COUNCIL MEETING DATE:
JUNE 20, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACTS AWARD FOR
OFFICE COPIERS AND
MAINTENANCE AND SUPPLIES
(SPEC. NO. 05-038)
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
v
("/' /)},,'<7
(> a~.~'---/ j lJ< t':'
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Award contracts for the purchase of digital copiers and five-year
maintenance and supply contracts in a total aggregate copier purchase
amounts not to exceed $80,000 and a total annual aggregate amount for
maintenance and supplies not to exceed $14,000:
Lanier Worldwide, Inc.
Toshiba Business Solutions
DISCUSSION
Various agencies utilize office copiers within their departments to
facilitate the daily management of records and information. Copiers
currently used by City Attorney's Office, Clerk of the Council, City
Manager's Office, Public Works Agency, Planning and Building Agency,
Finance & Management Services Agency, Santa Ana Jail, and Parks,
Recreation and Community Services Agency have outlived their usefulness
and no longer meet the heavy copy demands. Due to age, condition and
increased need for repairs, the 13 copiers have been budgeted and
approved for replacement in the current fiscal year. Two of the
copiers are replacing Minol ta copiers purchased in 1995. Minol ta has
recently announced that, as of December 2005, manufacture replacement
parts for the model will no longer be available and, therefore, will
discontinue maintenance on them. In addition, Minolta 2080s and 4000
copiers purchased in early 1997 and 1998 are experiencing more service
calls due to age and high volume usage, and are approved for
replacement.
22F-1
CS J8J
Contracts Award for Office Copiers
and Maintenance and Supplies
(Spec. No. 05-038)
June 20, 2005
Page 2
A Request For Proposals was
proposals were solicited.
received is as follows:
advertised on April 13 and 15, 2005,
A summary of the proposals requested
and
and
21 Requests For Proposals mailed
4 Requests For Proposals mailed to Santa Ana vendors
19 Proposals received
2 Proposals received from Santa Ana vendors
Proposals were evaluated based on copies per minute, maintenance
proposal and four-hour response time commitment, cost per copy, total
paper capacity, purchase proposal per copier, verification of
authori zed dealer, completion of questionnaire and references. After
review of the six offered categories of copier manufacturers, five
vendors presented demo units for a trial 1-day event. Lanier Worldwide,
Inc. and Toshiba Business Solutions received the highest percentage in
the scoring process and meet or exceed the evaluation criteria within
the individual groups.
FISCAL IMPACT
Funds for 11 copiers are available in the Copier Replacement Machinery
& Equipment account (account no. 72-176-6641), and funds for two
copiers are budgeted and available in the Inmate Welfare Fund Machinery
& Equipment account (account no. 23-349- 6641) . Funds for maintenance
are available in the various departmental Maintenance & Repair of
Machinery & Equipment accounts (object code 6281); and funds for
accessories and supplies are available in the various departmental
Operating Materials & Supplies accounts (object code 6391). Funds for
maintenance and supplies for the duration of the contract period will
be included in the proposed budgets in subsequent fiscal years.
::t l\$:).1'N' : ~~J~ \\....~ ~ l
'if Francisco Gutierrez ~J
Executive Director ]
Finance and Management Services Agency
FG/KM/05-038.2:sp
22F-2
REQUEST FOR
COUNCIL ACTION
~
..,~
CITY COUNCIL MEETING DATE:
JUNE 20, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACTS AWARD FOR
TEMPORARY PERSONNEL SERVICES
(SPEC. NO. 05-044)
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
{~mc-
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Award contracts for temporary personnel services for a one-year period
with provisions for two one-year renewals in the annual aggregate
amount not to exceed $190,000 with the following vendors:
Vendor:
Abigail Abbott Staffing Services, Inc.
Devon & Devon Career Professionals
Howroyd Wright Employment Agency, Inc.
d/b/a AppleOne Employment Services
PDQ Personnel Services, Inc.
Venturi Staffing Partners
APR Consulting, Inc.
Coneybeare, Inc.
Focus On Temps, Inc.
Kimco Staffing Services
Manpower, Inc.
DISCUSSION
The availability of temporary personnel services provides departments
with the ability to hire staff during peak workload periods, as well as
during the recruitment period for a given position. The recommended
contracts will provide various departments with the necessary temporary
personnel services. Ten primary personnel classifications which
include clerical assistant, file clerk, accounting clerk, typist, data
entry clerk, receptionist and custodian are offered by the various
vendors. Personnel are paid on an hourly basis according to job
classification. City departments may utilize any of the vendors
depending on rate, need and availability. Awarding nine contracts
provides a full spectrum of staff from the Southern California job pool
and provides the City an opportunity to assess the service and caliber
of the vendors both within Santa Ana and local vicinity.
22G-1
CS 383
Contracts Award for Temporary Personnel Services
(Spec. No. 05-044)
June 20, 2005
Page 2
The notice inviting bids was advertised on April 13 and 15,
bids were solicited. A summary of the bid invitations
received is as follows:
2005, and
and bids
23 Invitations For Bid mailed
6 Invitations for Bid mailed to Santa Ana vendors
9 Bids received
3 Bids received from Santa Ana vendors
Bids were received and opened on May 5, 2005. The bids were analyzed
based on the total rate billed as presented by the various temporary
agencies. The bids received from the recommended vendors are responsive
to the specifications and meet the City's requirements as well as
coverage on the ten listed job classification. The award amount is
based upon past usage and staff projections for the next contract
period.
FISCAL IMPACT
Funds are available in the various departmental Other Personal Services
accounts (object code 6191)
APPROVED AS TO FUNDS AND ACCOUNTS:
"~ '.~~\'t\~ 'J't.-u ~ ~~ .
L )~'Francisco Gutierre z
Executive Director
Finance & Mgmt. Services Agency
EJA/KM/05-044.5:sp
22G-2
REQUEST FOR
COUNCIL ACTION
~
"-'~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
CONTRACT AWARD FOR
TURF RENOVATION AT
THE SANTA ANA STADIUM
(SPEC. NO. 05-049)
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
~4~}lZ.
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Award a contract to The Turf Company, Inc. to renovate the turf at the
Santa Ana Stadium, in the amount of $42,050.
DISCUSSION
The Parks, Recreation and Community Services Agency is renovating the
sports field at the Santa Ana Stadium. Due to continuous use, the turf
on the field requires replacement periodically. Replacing the turf
restores the visual appearance of the field and results in an optimal
field condition for community use and City events.
The notice inviting bids was advertised on April 22 and 25, 2005, and
bids were solicited. A summary of the bid invitations and bids received
is as follows:
26 Invitations For Bid mailed
2 Bids received
Bids were received, opened on May 24, 2005, and evaluated. The bid
received from The Turf Company, Inc. is responsive to the specifications
and meets the City's requirements. Bid results are as follows:
Vendor:
Location:
Amount:
The Turf Company, Inc.
Professional Turf Specialties, Inc.
Costa Mesa
Fullerton
$42,050
$61,699
22H-1
CS 3Kl
Contract Award for Turf Renovation
at Santa Ana Stadium
(Spec. 05-049)
June 20, 2005
Page 2
FISCAL IMPACT
Funds are available in the Recreation & Communi ty Services Facilities
Maintenance Other Contractual Services account (account no. 11-260-
6291) .
APPROVED AS TO FUNDS AND ACCOUNTS:
Gerardo Mouet
Executive Di ector
Parks, Rec. & Comm. Svcs. Agency
':1c~~~'l'>" ~')~.~ -::.--,,_
~Francisco Gutierrez
Executive Director fw'
Finance & Mgmt. Services Agency
GM/WO/05-049.8:sp
22H-2
REQUEST FOR
COUNCIL ACTION
~
~~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
CONTRACT AWARD FOR
GEOGRAPHIC INFORMATION SYSTEM
SOFTWARE UPGRADE
(SPEC. NO. 05-059)
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
./
//d'
UZ~ ... 6/(1...--
I
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Award a contract to Applied
geographic information system
$38,832.88.
Geodetics,
software
Inc. for
upgrade in
the purchase
the amount
of
of
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 ini tiati ve 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 Office
of Disaster Preparedness.
The Police Department's Crime Analysis section currently utilizes
geographic information system software that will be upgraded, and used
in a variety of homeland security applications. The software will be
used to map critical infrastructure and key assets; to produce models
for chemical or biological agent releases; and to develop and support
maps used by notification systems designed to alert the public in the
event of a terrorist incident or weapons of mass destruction event.
The software will also be used in the Emergency Operations Center to
display maps that show the location of incidents and the location of
emergency equipment responding or deployed at incidents.
221-1
CS 383
Contract Award for Geographic Information
System Software Upgrade
(Spec. No. 05-059)
June 20, 2005
Page 2
The notice inviting bids was advertised on May 6 and 9, 2005, and bids
were solicited. A summary of the bid invitations and bids received is
as follows:
8 Invitations For Bid mailed
2 Invitations For Bid received
Bids were received and opened on May 18, 2005. The bid received from
Applied Geodetics, Inc. is responsive to the specifications and meets
the City's requirements. Bid results are as follows:
Vendor:
Amount:
Applied Geodetics, Inc.
Environmental Systems Research Institute, Inc.
$38,832.88
$39,517.30
FISCAL IMPACT
Funds for are available in the Office of Emergency Services Urban Areas
Security Initiative Grant Software account (account no. 125-331-6661).
APPROVED AS TO FUNDS AND ACCOUNTS:
'(S2~~
=t . ~(~~
~ ~~t'\.):)t"..::;, J.. ~ A.O... .
~Francisco Gutierrez
Executive Director
Finance & Mgmt. Services
M
Paul M. Walters
Chief of Police
Agency
PMW/TO/05-059.7:sp
221-2
REQUEST FOR
COUNCIL A,CTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
CONTRACT AWARD FOR
POOL REFINISHING AT
SANTA ANITA PARK POOL
(SPEC. NO. 05-067)
{2!2w&-
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
~
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Award a contract to Service 1st Commercial Pool Systems for pool
refinishing in the amount of $34,040.
DISCUSSION
The Parks, Recreation and Community Services Agency is refinishing the
swimming pool located at Santa Anita Park. The finish on the pool,
applied over seventeen years ago, has started to delaminate due to the
adverse effects of weather and use. New pool lights and steps will
also be installed.
The notice inviting bids was advertised on May
bids were solicited. A summary of the bid
received is as follows:
18 and 20,
invitations
2005,
and
and
bids
17 Invitations For Bid mailed
1 Invitation For Bid mailed to a Santa Ana vendor
1 Bid received
One bid was received, opened on May 18, 2005, and evaluated. The bid
received from Service 1st Commercial Pool Systems is responsive to the
specification and meets the City requirements.
22J-1
CS 383
Contract Award for Pool Refinishing
at Santa Anita Park
(Spec. No. 05-067)
June 20, 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) .
APPROVED AS TO FUNDS AND ACCOUNTS:
'.:t \\~~ ~~r...) ~ _:-~_~\--: ~
~Franci~co G~tierrez fJ
Executlve Dlrector
Finance & Mgmt. Services Agency
Gerardo Mouet
Executive Direct r
Parks, Rec. & Comm. Svcs. Agency
GM/WO/05-067.8:sp
22J-2
REQUEST FOR
COUNCIL ACTION
~
~~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
PAYMENT AUTHORIZATION FOR
ROOF REPAIR
(SPEC. NO. 05-070)
APPROVED
o As ReGommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
f
C~/iJ(2,,-
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize payment to South Coast Roof, Inc. for roof repair in the
amount of $13,604.50.
DISCUSSION
Fire Station No. 2 was built in 1966 and currently houses three
firefighters 24 hours a day. Fire Station No. 5 was built in 1951 and
houses nine firefighters 24 hours a day. Over a period of four
consecutive days ending January 12, 2005, the City received more than
six inches of continuous rain. During that time, major roof leaks
developed causing severe damage to the living spaces at both stations.
To prevent further damage to the structures, South Coast Roof, Inc. was
authorized to make emergency repairs. Due to the condition of the 18-
year old roof at Station 5, it was more cost effective to replace than
repair it. As a result, South Coast Roof, Inc. has exceeded the
$10,000 aggregate limit and requires City Council approval.
FISCAL IMPACT
in Fire Maintenance Other Contractual Services
1-327-6291) .
APPROVED AS TO FUNDS AND ACCOUNTS:
.
'=\
'1~Francisco
Executive
Finance &
Gutierrez
Director
Mgmt. Services Agency
22K-1
CS 383
22K-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
JUNE 20, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACT AWARD FOR
MAILING SYSTEM
(SPEC. NO. 05-073)
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
~
/~) /2;/
I /'1:7 /2
Vltt-< /1// (; 'cc~,
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Award a
Homeland
purchase
contract
contract to PFE International,
Security's contract with PFE
of a Hasler mailing system
in a total amount not to exceed
Inc., using the Department of
International, Inc., for the
and a three-year maintenance
$42,129.74
DISCUSSION
The Central Services section of the Finance and Management Services
Agency handles the processing of all mail and packages with over one-
half million pieces of mail handled annually. The current mailing
system is not compliant with the United States Postal Service 2006
standards for indicia imprint for securing postage printing. The
purchase of a new mailing system will bring the City into compliance.
Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase
against contracts from any public agency utilizing a competi ti ve bid
process. The Department of Homeland Security's contract with PFE
International, Inc. for Hasler mailing system was awarded as a result
of open, competitive bidding, and meets the City's requirements.
22L-1
CS :38:3
Contract Award for Mailing System
(Spec. No. 05-073)
June 20, 2005
Page 2
FISCAL IMPACT
Funds are available in the Central Services Machinery & Equipment
account (account no. 71-176-6641) in the amount of $30,402.74; and in
the Maintenance & Repair of Machinery & Equipment account (account no.
71-176-6281) in the amount of $11,727.
y ~I\.C'\.~~ <;::U' J. ') ~*. ,
~Franci~co G~tierrez fJ
Executlve Dlrector
Finance and Management Services Agency
FG/KM/05-073.2:sp
22L-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
APPROVED
CONTRACT AWARD FOR MACARTHUR
BOULEVARD, MCFADDEN AVENUE AND
WESTMINSTER/17TH STREET TRAFFIC
MANAGEMENT AND INTERCONNECT
CONDUIT (PROJECT NOS. 05-5008,
05-5009, 05-5010 AND 5515)
Q~
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Award a contract to Pro Tech Engineering Corporation, the lowest
responsible bidder, in accordance with unit bid prices in the
estimated amount of $544,750 for traffic management projects on
MacArthur Boulevard, McFadden Avenue and Westminster/17th Street and
interconnect conduit with the City of Costa Mesa.
2. Approve a Funding Analysis with a total estimated construction cost
of $680,000.
DISCUSSION
The City's Capital Improvement Program includes a number of advanced
traffic management projects that will allow staff to communicate with
traffic signals, monitor traffic volume, speed, and make adjustments as
necessary to traffic signal timing based on real time traffic conditions.
The traffic management elements include closed circuit television
cameras, traffic system detectors, signal upgrades, and signal
interconnect conduit at various locations along Westminster/17th Street,
Bristol Street, MacArthur Boulevard, Main Street and McFadden Avenue.
The project also provides direct interconnect conduit to the City of
Costa Mesa traffic signal system for inter-jurisdictional timing
coordination (Exhibit 1).
23A-1
MacArthur Boulevard, McFadden Avenue and Westminster/
17th Street Traffic Management and Interconnect Conduit
June 20, 2005
Page 2
The Notice Inviting Bids was advertised on May 11 and 13, 2005, and bids
were opened on May 27, 2005. A summary of the bid invitations mailed,
the bids received, and the bid results follows.
Santa Ana Contractors receiving notices: 21
Contractors requesting bidding documents: 4
Bids received: 1
Bids received from Santa Ana Contractors: 0
NAME OF BIDDER
CITY
BID AMOUNT
Pro Tech Engineering Corporation
Newport Beach
$544,750
One responsive bid was received. Pro
submitted the lowest bid for $544,750,
estimate of $531,050.
Tech
which
Engineering Corporation
is above the Engineer IS
ENVIRONMENTAL IMPACT
After Completion of Environmental Review ER 2005-110, 2005-111, 2005-112
and 2005-113, Categorical Exemption will be filed for these projects
pursuant to the California Environmental Quality Act.
FISCAL IMPACT
The funding analysis shows a total estimated construction cost of
$680,000 for the project (Exhibit 2). Funds are available in the Measure
M Street Construction Fund (account no. 32-551-6631), the Selected Street
Construction Fund (account no. 59-551-6631) and in the Transportation
System Improvement Area E Fund (account no. 34-631-6631).
APPROVED AS TO FUNDS AND ACCOUNTS:
~. ..,
,.,f/ //t"Z} " / .' -
y" ,j.
'::\ lV'\S\\.~ ~c- ,.> ~ \. :
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
^/l
,.,
,,.. . --.."" i. t''':''.''r)___,~",~'
James G. Rbss
Executive Director
Public Works Agency
23A-2
22
55
...
Gl ...
Gl
- 0
Gl ..c: 0
Gl ~ u:
... >-
-
U) z Project
:2
U 05-5008
~
w
-
~~
Project
5515
JUNE 20, 2005
CONTRACT AWARD FOR MACARTHUR BOULEVARD,
MCFADDEN AVENUE AND WESTMINSTER/17m
STREET TRAFFIC MANAGEMENT AND
INTERCONNECT CONDUIT (PROJECT NOS. 05-
5008, 05-5009, 05-5010 AND 5515)
City Council
Agenda Date
~ij(t_~
FUNDING ANALYSIS
PROJECT NOS. 05-5008, 05-5009, 05-5010 AND 5515
MACARTHUR BOULEVARD, MCFADDEN AVENUE AND WESTMINSTER/17TH STREET
TRAFFIC MANAGEMENT AND INTERCONNECT CONDUIT
Construction Contract
Contract Administration
Inspection and Testing
Contingencies
$544,750
36,750
44,025
54,475
TOTAL ESTIMATED CONSTRUCTION COSTS
~~
Exhibit 2
23A-4
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
APPROVED
CONTRACT AWARD FOR CENTENNIAL
REGIONAL PARK PLAYGROUND
RENOVATION (PROJECT NOS. 04-
7708 AND 04-6373)
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
ECOMMENDED ACTION
1. Award a contract to Fleming Environmental, Inc., the lowest
responsible bidder, in accordance with a lump sum prices for the base
bid plus bid alternates one, two, and three in the amount of $319,000
for construction of the Centennial Regional Park Playground
Renovation.
2. Approve a Funding Analysis with a total estimated construction cost
of $384,000.
DISCUSSION
The playground facilities at Centennial Regional Park are in need of
upgrades and renovation (Exhibit 1). This project includes installation
of new playground equipment, drainage sumps, sand, rubberized surfacing,
and walkway improvements. Once completed, the project will enhance
recreational opportunities for children in adjacent neighborhoods and for
all children in the City.
The Notice Inviting Bids was advertised on March 30 and April 1, 2005,
and bids were opened on April 22, 2005. A summary of the bid invitations
mailed, the bids received, and the bid results follows.
Santa Ana Contractors receiving notices: 1
Contractors requesting bidding documents: 9
Bids received: 2
Bids received from Santa Ana Contractors: 0
23B-1
Centennial Regional
Park Playground
June 20, 2005
Page 2
NAME OF BIDDER
CITY
BID AMOUNT
1. Fleming Environmental, Inc.
2. Vido Samarzich, Inc
Buena Park
Alta Lorna
$319,000
$360,000
Two bids were received and both were responsive. The
submitted by Fleming Environmental, Inc., for $319,000,
the Engineer's estimate of $267,000.
lowest bid was
which is above
ENVIRONMENTAL IMPACT
In accordance with California Environmental Quality Act, the proposed
project is exempt from further review. Categorical Exemption ER NO.2002-
162 will be filed for this project.
FISCAL IMPACT
The funding analysis shows a total estimated construction cost of
$384,000 for the project (Exhibit 2). Funds are available in the
Community Block Grant fund (account no. 135-149-6931) and in the Land and
Water Conservation grant (account no. 156-247-6631).
APPROVED AS TO FUNDS AND ACCOUNTS:
~"-"~ ~""~ ,YO'''"
James G. Ross .
Executive Director
Public Works Agency
ifz "'-/ (~5f
Gerardo Mou t
Executive D'rector
park~reation & Community
serv\)~ IC~ ()jJ
Patricia Whitaker
Executive Director
Community Development Agency
~ ~\\(\~'\S\".o ~-:
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services
Ayy
K:\Construction\RFCA-draft\04-6373 2005-06-20 60 WD
23B-2
CENTeNAL fEGIONAL PAFlK
1 f II )j EHffiHffiB H*P??
IZJ PROPOSED CONSTRUCTION MEA
EXHIBIT 1
PI&C _s IGEJICY
City Council
Agenda Date
JUNE 20. 2005
Title:
CENTENNIAL REGIONAL PARK
PLAYGROUND RENOVATION
PROJECT NO. 04-7708 AND 04-6373
23B-3
FUNDING ANALYSIS
PROJECT 04-6373
CENTENNIAL REGIONAL
PARK PLAYGROUND RENOVATION
Construction Contract
Contract Administration
Inspection and Testing
Survey Staking
Contingencies
TOTAL ESTIMATED CONSTRUCTION COSTS
Exhibit 2
23B-4
$319,000
6,100
17,000
10,000
31,900
$384,000
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
APPROVED
CONTRACT AMENDMENT FOR WEED
AND DEBRIS REMOVAL (PROJECT
2210)
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
./ff
~
CONTINUED TO
FILE NUMBER
,J RECOMMENDED ACTION
Approve a contract
extension for weed
exceed $175,000.
amendment with Naranjo Landscaping for a one-year
and debris removal services, in an amount not to
DISCUSSION
On June 21, 2004, the City Council approved a second one-year contract
extension with Naranjo Landscaping for weed and debris abatement services
for a not-to-exceed amount of $175,000. Under this contract, a third and
final one-year contract extension is allowed.
Since Naranjo Landscape has successfully provided these services as
specified by the contract, and has agreed to continue under the current
terms and conditions, the City Council is requested to approve a third
and final one-year extension for an amount not to exceed $175,000.
FISCAL IMPACT
Funds for this contract are budgeted for and available in the Sanitation
Fund (account no. 68-632-6291); the Clean Water Protection Fund (account
no. 57-635-6291); and Community Development Agency Fund (account no. 507-
508-6291) .
APPROVED AS TO FUNDS AND ACCOUNTS:
I
/0
Jam s . Ross
E~ecutive Director
.Publ ic Works Agency
/06-20-05 RFCA- Contract Amendment for Project 2210
'\/
":\-t\~\M- ~~(' --"' ~ 'j~'~'
Francisco Gutierrez
Executive Director
Finance and Mgmt. Services
I
Agenc:- j/
23C-1
23C-2
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
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
AMENDMENT TO UNISYS AGREEMENT
FOR MAINFRAME COMPUTER
SOFTWARE LICENSES
(Jpfl~
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and the Clerk of the Council to
execute an amended agreement with Unisys Corporation to renew the
software licensing for a period of three years for a total amount not to
exceed $212,000.
DISCUSSION
For the past 25 years, the City has been using Unisys mainframe computer
equipment as the operating platform for the City's financial systems.
Unisys is the sole-source provider of essential system software for this
key equipment. An amendment is needed to adjust the scope and the term of
the agreement to include a renewal of the software licensing and payment
terms. A three-year term will provide the City with the lowest possible
cost per year for these software licenses.
FISCAL IMPACT
Funds are available in the Finance & Management Services, Communication
Services, Other Contractual Services account (account no. 102-171-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
&~
Francisco Gutierrez
Executive Director
Finance & Management Services Agen~
25A-1
25A-2
CITY COUNCIL MEETING DATE:
JUNE 20, 2005
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
TITLE:
APPROVED
AGREEMENT RENEWAL FOR ANIMAL
LICENSE FEE COLLECTION
PROGRAM
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
~
aiJ2a
CI 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 renew the agreement with Civic Collections, Inc.
for collection of new and delinquent dog license fees and penalties in an
amount not to exceed $100,000.
DISCUSSION
In April 2001, Civic Collections, Inc. (CCI) was reinstated as the City's
collection agency for delinquent dog license fees, penalties, and new dog
license fees. Under the terms of the agreement, CCI is compensated in the
amount of fifty percent for each dog license fee collected, fifty cents
for each new dog license sold, and fifty cents for each rabies vaccination
certificate issued. CCI has sold 247 dog licenses, issued 524 rabies
vaccination certificates, and generated $116,107 in dog license fees for
the City as of May of the current fiscal year. Staff recorrunends the
renewal of this agreement as CCI has performed satisfactorily during the
previous agreement period.
FISCAL IMPACT
Approval of the recorrunended action will enhance the Dog License revenue
account (account no. 011-01-5951-100) as funds are received.
APPROVED AS TO FUNDS AND ACCOUNTS:
(
(~jv~
~~\'\\.~-~A) ~~~_
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services AgencJt~
-
Paul M. Walters
Chief of Police
Police Department
25B-1
25B-2
CITY COUNCIL MEETING DATE:
~
~ucatiOn 1.
~ ~ t
. ,,,
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
APPROVED
TITLE:
rV
~a
CITY MANAGER
o As Recommended
o As Amended
o Ordinance on 15t Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
AGREEMENT FOR LAW ENFORCEMENT
ADMINISTRATIVE DATABASE
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to execute an agreement with Most Wanted, Inc. for
the Law Enforcement Administrative Database System in an amount not to
exceed $15,000.
DISCUSSION
The Police Department currently uses various databases to maintain, store,
and process important reference information, including: Personnel,
Training, Patrol, Fiscal and Internal Affairs. In order to increase record
security, enhance staff efficiency, and reduce costs, a new comprehensive
system is required. Staff surveyed various providers and only Most Wanted,
Inc. met the Police Department's requirements.
The Law Enforcement Administrative Database System would consolidate the
existing programs into one centralized system, increasing functionality and
eliminating cumbersome systems. The agreement would also provide for the
first year maintenance and support needed for the system.
FISCAL IMPACT
Funds are available in the Police Department's Computer Systems Other
Contractual Services account (account no. 011-338-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
(, cij0~
Paul M. Walters
Chief of Police
Police Department
~~~
~rancisco Gutierrez
~--Executive Director
Finance & Mgmt. Services Agen~~
25C-1
25C-2
-
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
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
AGREEMENT WITH DR. FISHER FOR
VETERINARY SERVICES
aLJa
CITY MANAGER
CONTINUED TO
----
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the Ci ty Manager and
Clerk of the Council to execute an agreement with Dr. Kristi Fisher to
provide veterinary services for the Santa Ana Zoo at Prentice Park for a
one-year period in an amount not to exceed $35,000.
DISCUSSION
The Santa Ana Zoo at Prentice Park is required by the United States
Department of Agriculture to provide veterinary services for the
collection of animals maintained at the Zoo. Dr. Fisher will serve as the
primary medical officer for the Zoo and provide a comprehensive program of
preventative and curative medical care for the exotic animal collection.
Veterinary services for the domestic animal collection included in the
Crean Family Farm are provided under separate agreement. Dr. Fisher will
also serve as the caretaker of all drugs, pharmaceuticals, and medical
equipment used to treat animals in the Zoo collection.
FISCAL IMPACT
Funds are available in the Santa Ana Zoo at Prentice Park, Other
Contractual Services expenditure account (account no. 11-247-6291).
APPROVED AS TO FUNDS AND ACCOUNT:
Gerardo Mouet
Executive Direc
Parks, Recreati nand
Community Services Agency
.~
Agency
250-1
250-2
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
APPROVED
AGREEMENT EXTENSION FOR CART
RETRIEVAL SERVICES
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
Approve an agreement extension for one year with Hernandez Cart Service,
Inc. for cart retrieval services citywide in an amount not to exceed
$84,000.
DISCUSSION
On July 1, 2004, the City entered into an agreement with Hernandez Cart
Service, Inc. (HCSI) to retrieve unattended shopping carts throughout the
City. The term of the agreement allows for an extension based on the
performance of the contractor. Since HCSI has consistently performed
cart retrieval services according to the terms of the agreement and has
agreed to accept the existing terms and conditions, staff recommends that
a new one-year extension be approved.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available in the Environmental Sanitation activity (account no.
68-632-6291) .
APPROVED AS TO FUNDS AND ACCOUNTS:
. Ross
e Director
orks Agency
=t I\n.~ \..~ "'..:> 'h+:-
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services
,
Agency j...'
_ t.
RFCA 06-20-05 Agreement for Citywide Cart Retrieval
25E-1
25E-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
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
AGREEMENT WITH EDWARD K.
AGHJAYAN FOR ENERGY
CONSULTING SERVICES
~I /) /ZfZ
/ 1f. ~~{~
,/' ,/
/ ,/
(/' RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with Edward K. Aghjayan
in an amount not to exceed $35,000 for energy consulting services.
DISCUSSION
There are a number of opportunities for energy efficiency programs
available through Southern California Edison. To take advantage of the
available programs, staff is proposing to hire Edward K. Aghjayan, a
consultant with experience in managing multiple energy programs to assist
in evaluating the various energy program options, their applicability to
the City and the benefits of each program.
Preliminary discussions with Edison indicate a willingness on Edison's
part to participate in a joint review of the available programs and to
develop a partnership agreement as a strategic direction for the future.
The services of Mr. Aghj ayan will also be utilized to develop such an
agreement. Staff anticipates that an agreement will be submitted to the
City Council later in the year for review and approval.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
25F-1
Agreement With Edward K. Aghjayan
For Energy Consulting Services
June 20, 2005
Page 2
FISCAL IMPACT
Funds are available in the Street Light Maintenance budget (account no.
11-625-6291) .
APPROVED AS TO FUNDS AND ACCOUNTS:
~"
~ ~:~
James G. Ross
Executive Director
Public Works Agency
1- ~J'~~f'.'"\ ~*-:
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency //
25F-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
APPROVED
AGREEMENTS FOR RIGHT OF WAY
APPRAISAL SERVICES
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
,)
4J
~
CONTINUED TO
FILE NUMBER
/
i
( -/RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute consulting agreements for right of
way appraisal services with Hennessey & Hennessey LLC and Lidgard and
Associates, Inc. for an amount not to exceed $100,000 each.
DISCUSSION
Each year the Public Works Agency manages roadway-widening projects,
which require right of way appraisal services. These appraisal services
include determining the fair market value for acquisitions of the entire
property as well as portions of properties. In addition, appraisers are
needed to determine the value of surplus city owned land for disposal
purposes.
Staff has solicited proposals from qualified firms. Two firms submitted
proposals. Staff members from the Public Works Agency and the City
Attorney's Office evaluated the proposals and rated them according to the
qualifications, past experience and capacity to perform the required
work. Based on the proposals submitted, the ratings for firms are as
follows:
FIRM
RATING
Hennessey and Hennessey LLC
Lidgard and Associates, Inc.
86
83
25G-1
Agreements for Appraisal Services
June 20, 2005
Page 2
Staff recommends selection of both Hennessey & Hennessey LLC and Lidgard
and Associates, Inc. for right of way appraisal services. Their proposals
demonstrated that the firms have vast experience in the required fields,
a good understanding of the project objectives, and strong project teams.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The cost for the consultant services will be charged to the appropriate
projects in the capital improvement program.
APPROVED AS TO FUNDS AND ACCOUNTS:
~---<V-/ (!)}uV71 v.'
James G. Ross
Executive Director
Public Works Agency
i-{\C\\{\~\.~.~ ~4.:.~.
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
.---
-),
25G-2
REQUEST FOR
COUNCIL ACTION
A
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
ACQUISITION OF GOCHICOA PROPERTY
AND RELOCATION OF DR. POMEROY'S
DENTAL CLINIC LOCATED AT 117,
119, & 123 S. BRISTOL STREET
(PROJECT 1819)
APPROVED
D As Recommended
D As Amended
D Ordinance on 1st Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
CONTINUED TO
FILE NUMBER
jRECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute acquisition and relocation agreements
with Avelino and Stella Gochicoa and Dr. Pomeroy totaling $1,300,000.
DISCUSSION
The Bristol Corridor Specific Plan, approved by the City Council in 1992,
includes street widening on Bristol Street from Pine Street to Third
Street. These improvements are needed to improve traffic flow, which is
currently operating at an unacceptable level of service.
Construction of these improvements is estimated to begin in the fall of
2006. To accommodate the widening, it is necessary to acquire the
Gochicoa property located at 117, 119 & 123 S. Bristol Street (Exhibit
1). The City's acquisition will also result in the displacement of the
Dental Practice, operated by Dr. William Pomeroy. The Uniform Relocation
Assistance Act requires the City to pay just compensation for the
property necessary for the widening proj ect, and costs associated with
the relocation of the dental clinic.
On February 7, 2004, the City Council adopted a resolution authorizing
the condemnation of the subject real property and declaring the public
necessi ty and interest therefore. Since then, continued negotiations
between staff and the property owner have resulted in an accepted
settlement. The acquisition agreements will authorize the acquisition of
real property for $990,000 and payment for loss of business goodwill for
$279,270. The relocation agreement authorizes payment of a business
relocation claim for $30,730.
25H-1
Acquisition and Relocation Agreement
Gochicoa and Dr. Pomeroy
June 20, 2005
Page 2
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed
proj ect has been determined to be adequately evaluated in previously
prepared Environmental Impact Report/Environmental Impact Assessment EIR
No. 89-01 approved by City Council in 1990.
FISCAL IMPACT
Funds for the proposed acquisitions are available in the Select Street
Construction Fund (account no. 59-551-6611, project no. 1819)
APPROVED AS TO FUNDS AND ACCOUNTS:
4'-'7.?~ tZtr--t<7 -f.'-
James G. Ross .
Executive Director
Public Works Agency
~~~~~~rJ) 1\~~~~
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
N
25H-2
J l
First St.
Walnut St.
.
+-
(/)
0
+-
(f)
.-
L 119 S.
CD Bristol
EXHIBIT 1
City Council
Agenda Date
JlI'Ie 20, 2005
Title: PACQUISITION OF GOCHICOA PROPERTY
AND RELOCA nON OF DR. POMEROY'S
DENTAL CLINIC LOCATED AT 117,119,
& 123 S. BRISTOL STREET (PROJECT 1819)
ftaC .-s MlICY
25H-3
~
N. T.s.
25H-4
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
PURCHASE AGREEMENT FOR THE
SPIEGEL PROPERTY LOCATED AT 124
S. BRISTOL STREET (PROJECT 1819)
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
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 with Spiegel Family Limited
Partnership II for the purchase of 124 S. Bristol Street, in the amount
of $1,010,000.
DISCUSSION
The Bristol Corridor Specific Plan, approved by the City Council in 1992,
includes street widening on Bristol Street from Pine Street to Third
Street. These improvements are needed to improve traffic flow, which is
currently operating at an unacceptable level of service.
Construction of these improvements is estimated to begin in the fall of
2006. To accommodate the widening, it is necessary to acquire the
Spiegel property located at 124 S. Bristol Street (Exhibit 1). Efforts
to relocate Spiegel's existing tenant, All Auto Parts, will continue in
accordance with the Uniform Relocation Assistance Act.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed
project has been determined to be adequately evaluated in previously
prepared Environmental Impact Report/Environmental Impact Assessment EIR
No. 89-01 approved by City Council in 1990.
251-1
Purchase Agreement with
Spiegel Family
June 20, 2005
Page 2
FISCAL IMPACT
Funds for the proposed acquisitions are available in the Select Street
Construction Fund (account no. 59-551-6611, project no. 1819)
APPROVED AS TO FUNDS AND ACCOUNTS:
~~,/~?
James G. Rcfss
Executive Director
Public Works Agency
~.-r..."\./y to' ,-
?/
~~~t'~~.I) ~l~. \
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
(1-1 '7
251-2
r ~
I
~
N. T.8.
I I J l I I
First St.
" . /'
+-
V>
-
0
+-
(f)
.-
124 S. Bristol L
CD
~
Walnut St.
"
)
EXHIBIT 1 ~
~ JrTl
r/" SANTA ANA
, PW A t City Council Title: PURCHASE AGREEMENT FOR THE SPIEGEL ~ -~
Agenda Date PROPERTY LOCATEO AT 124 S.BRISTOL
, , "'lI'le 20, 2005 STREET (PROJECT 1819) ~
~ -..: _s .tGOCf
251-3
251-4
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
JUNE 20, 2005
TITLE:
CLERK OF COUNCIL USE ONLY:
AGREEMENT FOR ENGINEERING
SERVICES WITH TETRA TECH
APPROVED
o As Recommended
o As Amended
o Ordinance on 15t Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with Tetra Tech Inc. in
the amount of $220,000 plus a contingency of $25,000 for a total project
amount not to exceed $245,000 for the design of a new sewer lift station.
DISCUSSION
The City's existing sewer lift station on Bristol Street was originally
constructed in the 1960's and was upgraded about 15 years ago (Exhibit
1). The current capacity of the lift station is undersized for today's
sewage flows. This project will provide for a new sewer lift station at
the end of San Lorenzo Avenue, approximately 700 ft. away from the
existing facility.
Requests for proposals to prepare plans, specifications and cost
estimates were sent to five qualified engineering firms. Three responses
were received and evaluated on technical merit by a four-member selection
committee. The sealed fee proposals of the three firms were then opened.
Listed below are the scores and proposed fees of these three firms.
FIRM
SCORE
FEE
Tetra Tech Consulting Engineers
HDR Engineering
Boyle Engineering Inc.
91
85
82
$220,000
$409,039
$243,600
25J-1
Agreement for Engineering Services
With Tetra Tech
June 20, 2005
Page 2
Staff recommends that Tetra Tech be retained for this project. They were
the top ranked firm based on technical merit and submitted the lowest
cost proposal. Their proposal demonstrated that the firm has extensive
experience with similar projects, a good understanding of the project
goals and objectives, and a strong project team.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available in the Sewer Connection Fee Fund (account no. 55-532-
6631) .
,~~ A./v( a
. J es ~. Ross
EXecutive Director
I
~~UbliC Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
~l\t"\.N\.t' l \.::\.t' ~J h ~~. ;:: ~
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
I'
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25J-2
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PROJECT LOCATION
SANTA ANA
, PW A t
, ,
PU8L1C IORKS AGENCY
City Council
Agenda Date
June 20, 2005
Title:
AGREEMENT FOR ENGINEERING
SERVICES WITH TETRA TECH
NOT TO SCALE
EXHIBIT 1
25J-4
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
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
AGREEMENT FOR COMPREHENSIVE
PHYSICAL EVALUATAION, HEALTH
SCREENING AND VACCINATIONS
f2P(ltZ
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute agreement with u.s. Healthworks
in an amount not to exceed $60,000.
2. Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute an agreement wi th Westcliff
Medical Laboratories in an amount not to exceed $35,000.
3. Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute an agreement wi th Santa Ana
College in an amount not to exceed $12,000.
DISCUSSION
The City requires annual comprehensive physical evaluations for the Fire
Department's sworn personnel. The Police Department offers the service,
on a voluntary basis, to sworn personnel also. The program provides one-
on-one feedback, including recommended programs for physical
improvements, methods to assist in the early detection and treatment of
illnesses or injuries and to assist in minimizing time lost from them.
In addition the Personnel Services Agency uses U.S. Healthcare to provide
"risk exposure" physicals and low cost flu vaccinations to City
employees.
To provide the best service possible a Request for Proposal (RFP) was
issued in April 2005 (RFP 05-052). Request for Proposals were mailed to
four vendors and three were received by the close date. Each of the
three proposals received meets a specific requirement of the program.
Staff recommends approval of all three vendors in order to provide a
complete and comprehensive program.
25K-1
Contract for Physical Evaluations
RFP 05-052
June 20, 2005
Page 2
FISCAL IMPACT
Funds are budgeted in the fiscal year 2005-06 Fire Department, Fire
Suppression, Other Contractual Services account (account no. 11-323-6291,
$73,500) ; the Police Department, Human Resources Division, Other
Contractual Services account (account no. 11-332-6291, $23,500); the
Personnel Services, Employee Group Benefits, Benefit Payments Wellness
account (account no. 81-177-6527, $5,000); and the Personnel Services,
Worker's Compensation, Other Personnel Services account (account no. 82-
178-6191, $5,000).
/
, /' I
,~.'f, !I
IVff'-L/ :I / ..
'j ! -(, t ", I
Phil~ip -1'1. Garcia.J
Fire IChief
Fire/Department
APPROVED AS TO FUNDS AND ACCOUNTS:
-~
rancisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
Paul M. Walters
Chief of Police
Police Department
- Personnel
Agency
25K-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
Qt~A/L~~-
CITY MANAGER
APPROVED
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
AGREEMENTS FOR LEISURE
SERVICES CLASS INSTRUCTION
CONTINUED TO
ry
FILE NUMBER
RECOMMENDED ACTION
1. Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute an agreement with National Heritage
Foundation FBO Academy of International Dance for dance instruction in
an annual amount not to exceed $15,000.
2. Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute an amendment to the agreement with
Martin Torres for Karate Do Kai instruction, increasing the $10,000
agreement by $5,000 for FY 2004-05 and extending it an additional one-
year in the amount of $15,000, for a total amendment amount of $20,000.
3. Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute an amendment to the agreement with
Mattie White for Tiny Tots instruction, increasing the $13,050 agreement
by $2,000 for FY 2004-05 and extending it an additional one-year in the
amount of $15,050, for a total amendment amount of $17,050.
4. Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute an amendment to the agreement with Choc
Le for Tae Kwon Do instruction, increasing the $22,300 agreement by
$1,700 for FY 2004-05 and extending it an additional one-year in the
amount of $24,000, for a total amendment amount of $25,700.
5. Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute an amendment to the agreement with
Alfredo Alvarado for gymnastics instruction, increasing the $10,000
agreement by $2,000 for FY 2004-05 and extending the agreement an
addi tiona1 one-year l.n the amount of $12,000, for a total amendment
amount of $14,000.
25L-1
Agreements for Leisure Services
Class Instruction
June 20, 2005
Page 2
6. Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute an amendment to the FY 2004-2005
agreement with Jorge Higuera for Karate Do Okinawa instruction,
extending the agreement an additional one-year, in an annual amount not
to exceed $15,000.
DISCUSSION
Since June 2004, the Parks, Recreation and Community Services Agency has
expanded the Leisure Services Program by adding 93 new recreational and
educational classes for City residents. In addition, the new semi-annual
leisure services program brochure has increased the number of students
registering for many classes. The recommended actions will allow the Parks,
Recreation and Community Services Agency to meet additional demand for
leisure class instruction at six recreation centers and two senior centers.
The Leisure Services Program is a revenue-generating program that uses
registration fees to pay for instructors and supplies.
FISCAL IMPACT
Funds are available in the Recreation, Other Contractual Services account
(account no. 11-275-6291).
Gerardo Mouet
Executive Director
Parks, Recreation and
Community Services Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
,fLw<- 4
:; .' +-
:A..L4 CLL.I.~
rancisco Gutierrez
Executive Director
Finance and Management
rJdJ~~~
Svcs. Agency
25L-2
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
AGREEMENT FOR GOVERNMENT
LIAISON SERVICE WITH THE
FERGUSON GROUP OF WASHINGTON,
D.C.
t!I
/," /"J
/") '~/2
/ / 7 (
Y-d Ld-, () , 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 agreement for government liaison
services with the Ferguson Group in an amount not to exceed $65,000.
DISCUSSION
The Ferguson Group has served as the City's representative in Washington,
D.C. since 1987. The service includes the review and monitoring of federal
executive proposals and legislation, as well as administrative rules and
regulations that may affect the City. The Ferguson Group also assists the
City with grant applications and other special programs for which the City
may qualify.
The Ferguson Group has recently assisted with appropriation requests for
the Bristol Street Widening Proj ect, water well rehabilitation proj ects,
Workforce Development monies, Section 108 loan applications, Department of
Justice and recreation programs, including Weed and Seed and COPS. The
Ferguson Group also advocates for funding for the Santa Ana Empowerment
Zone.
In addition, the Ferguson Group provides significant assistance on locating
and advocating for grant opportunities. Beginning in 2001, the Ferguson
Group began a new grant locator service, eCivis. Through this program, the
City has been able to identify various grants from federal, state, local
and private agencies. The City's agreement with the Ferguson Group
includes unlimited user accounts for use by City staff.
25M-1
Agreement for Government Liaison Service
with the Ferguson Group
June 20, 2005
Page 2
FISCAL IMPACT
Funds are available in the Other Contractual Services accounts from the
Public Works Administrative Services account (account no. 101-601-6291),
the Community Development South Main Administration account (account no.
550-932-6291), and the City Manager's Office account (account no. 11-011-
6191) .
APPROVED AS TO FUNDS AND ACCOUNTS:
-;~~\~~ .~'\\-1.~
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
James G. Ross
Execut' e Director
Publi Works Agency
pa'trici C. Whi
Executive Director
Community Development Agency
25M-2
CITY COUNCIL MEETING DATE:
Il
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
AGREEMENT FOR GOVERNMENT
LIAISON SERVICE WITH TOWNSEND
PUBLIC AFFAIRS
.V
~a
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 government liaison
services with Townsend Public Affairs in an amount not to exceed $25,000.
DISCUSSION
Townsend Public Affairs has served as the City's representative in
Sacramento for five years. The service includes the review and monitoring
of state legislation and funding opportunities.
Townsend Public Affairs has provided information to the City on legislative
issues such as local government finance, the 2005-2006 state budget, and
state enterprise zone bills. The firm has also provided analysis on
workers' compensation and public safety related legislation. In addition,
Townsend Public Affairs has pursued grant opportunities on the City'S
behalf. Specifically, this year they have advocated for a Park Bond grant
to fund synthetic turf at the Santa Ana Stadium. Over the years, Townsend
Public Affairs has secured funding for the Discovery Science Center, the
Delhi Community Center, the Bowers Museum and Jerome and El Salvador park
improvements.
25N-1
Agreement with Townsend Public Affairs
June 20, 2005
Page 2
FISCAL IMPACT
Funds are available in the Other Contractual Services accounts from the
Public Works Administrative Services account (account no. 101-601-6291),
the Community Development South Main Administration account (account no.
550-932-6291), and the City Manager's Non-Departmental account (account no.
11-012-6291) .
APPROVED AS TO FUNDS AND ACCOUNTS:
~ /01A1t 11
Ja,nes G. Ross
Eiecutive Director
~ublic Works Agency
~ (!8Jh~
~ranci~co G~tierrez
P- Execut1.ve D1.rector
Finance & Mgmt. Services Agency
Agency
25N-2
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
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
AMENDMENT TO THYSSEN KRUPP
ELEVATORS AGREEMENT
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to amend the agreement with Thyssen Krupp Elevators
for the maintenance and service of City elevators in an additional of
$6,000, for a total aggregate amount not to exceed $125,558.
DISCUSSION
In May 2001, The City of Santa Ana entered into a five-year agreement with
Thyssen Krupp Company for the preventative maintenance of City Hall, Main
Library, and Corporation Yard elevators. During the current year, it has
been necessary to include $3,000 in emergency repairs not covered by the
monthly preventative maintenance agreement. Staff recommends including an
additional $3,000 for unanticipated repairs that maybe required in the
next fiscal year for a total increase of $6,000.
FISCAL IMPACT
Funds are available in the Finance and Management Services' Building
Maintenance, Other Contractual Services account (73-105-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
~,,~~~~~) \Lk .~
Francisco Gutierrez -
Executive Director
Finance & Mgmt. Services Agency
250-1
250-2
REQUEST FOR
COUNCIL ACTION
!~i
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
FUNDING ALLOCATIONS FOR THE U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS PROGRAM
FISCAL YEAR 2005-2006
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
a~dz2,~-
CITY MANAGER
CONTINUED TO
-i
FILE NUMBER
RECOMMENDED ACTION
1. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute an agreement between the
City of Santa Ana, the Housing Authority of the City of Santa Ana,
and AIDS Services Foundation Orange County, in the amount of
$525,000 for the continuation of the Tenant-Based Rental Assistance
Program.
2. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute an agreement with the County
of Orange Health Care Agency in the amount of $776,740 to continue
to provide supportive housing services to HIV I AIDS individuals in
the County of Orange.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION
Recommended that the City Council:
1. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute an agreement between the
City of Santa Ana, the Housing Authority of the City of Santa Ana,
and AIDS Services Foundation Orange County, in the amount of
$525,000 for the continuation of the Tenant-Based Rental Assistance
Program.
25P-1
Funding Allocations for the HUD HOPWA
Program Fiscal Year 2005-2006
June 20, 2005
Page 2
2. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute an agreement with the County
of Orange Health Care Agency in the amount of $776,740 to continue
to provide supportive housing services to HIV/AIDS individuals in
the County of Orange.
By a vote of
Meeting of June
5:0 (Robles,
7,2005.
Sarmiento
abs en t)
at
its
Regular
DISCUSSION
Since 1993 the City of Santa Ana has received federal funds through the
u.S. Department of Housing and Urban Development (HUD) for the Housing
Opportunities for Persons with AIDS (HOPWA) Program. The HOPWA Program
is designed to provide resources and incentives for long-term
comprehensive strategies to meet the housing needs of persons with
Acquired Immune Deficiency Syndrome (AIDS). HUD has allocated $1,342,000
to the City of Santa Ana for the fiscal year 2005-2006.
Eligible activities for the HOPWA Program includes: 1) new construction,
acquisi tion and rehabili tation of affordable housing; 2) provision of
tenant-based rental assistance; 3) short-term rental and mortgage payment
assistance to prevent homelessness; 4) supportive social services and
housing information services; 5) technical assistance; and 6)
administrative expenses incurred by jurisdictions coordinating local
programs. In allocating grant funds for eligible activities, the City of
Santa Ana is required to consider the service needs of eligible persons
who reside throughout Orange County and approve funding for proj ects
which may be located anywhere within the County.
In order to ensure that the limited funds are prioritized, City staff has
worked closely wi th the Housing Committee of the Orange County HIV
Planning Council, the HIV Planning Council, and agencies throughout the
County of Orange providing services to the HIV / AIDS community. On
February 9, 2005, a strategic planning meeting was held to determine
priorities for the 2005-2006 funds. Representatives from the Orange
County Health Care Agency, service providers from throughout the county,
HIV/AIDS infected and affected individuals and City staff participated in
the meeting.
25P-2
Funding Allocations for the HUD HOPWA
Program Fiscal Year 2005-2006
June 20, 2005
Page 3
Based on the strategic planning meeting, the 2005-2006 fiscal year
funding recommendations were established. The recommended funding levels
are: 1) $525,000 to continue the Tenant-Based Rental Assistance Program
with the Housing Authority of the City of Santa and AIDS Services
Foundation Orange County; 2) $776,740 to the Orange County Health Care
Agency for supportive housing services to individuals throughout Orange
County; and 3) $40,260 for administrative costs.
FISCAL IMPACT
HUD provides HOPWA funds to the Ci ty. No additional City funding is
necessary. Funds are available in the HOPWA Program account (account no.
405-148-6931) .
APPROVED AS TO FUNDS AND ACCOUNTS:
~t\~\'M' ~~r 0 ~ .*- ;- -. -'2
Francisco Gutierrez ~
Executive Director
Finance & Management Services Agency
j~Patricia . Whitaker
-0 Executive irector
Community Development Agency
PCW/LF/mlr
H:\ACTIONS\2005 CC\FundAllOCHUDHOPWA05-06
6-20-05,doc
25P-3
25P-4
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
APPROVED
FIRST RENEWAL OPTION TO
AGREEMENT FOR LITTER
MAINTENANCE AND CONTROL
IN DOWNTOWN SANTA ANA
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
~
( L)7 /
~ri...r< -' ') .. {/'C t e;" -
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 a 12-month renewal to the Agreement
with La Cha Maintenance for Litter Control and Maintenance in the
Downtown in an annual amount not to exceed $162,000.
DISCUSSION
On January 5, 2004, the City Council awarded an Agreement to La Cha
Maintenance for litter control and maintenance in Downtown Santa Ana for
a 12-month period with two 12-month renewal options. The Downtown area
includes approximately 600 retail, service and professional businesses
(Exhibit 1). The comprehensive scope of services includes: graffiti
removal; painting; cleaning parking meters, light poles, bollards and
outdoor furni ture; and maintaining high standards of cleanliness for
alleys and bus stops. As part of this program, the contract includes
the Downtown "Ambassador" component, which ensures the training of all
maintenance workers on customer service skills to enable them to provide
assis tance to patrons visi ting the Downtown area. Each maintenance
ambassador is in a highly recognizable uniform as they perform litter
and maintenance services to increase their approachability and
visibility in the Downtown.
On December 20, 2004, the City Council amended the agreement to La Cha
to augment the Litter/Ambassador Team by assigning two individuals to
perform the Downtown sidewalk-blowing function exclusively five nights a
week.
25Q-1
First Renewal Option to Agreement
For Litter Maintenance and Control
in Downtown Santa Ana
June 20, 2005
Page 2
La Cha Maintenance has been diligent in addressing its
detail and its presence in the Downtown has ensured
cleanliness and order necessitated by the high level of
needs in the Downtown. Staff recommends that the City
first renewal option to continue these efforts.
work plan in
a level of
maintenance
exercise the
FISCAL IMPACT
Funds are available for this contract in the Downtown Maintenance Fund
Account (account no. 407-933-6291).
~LJ!1L
patricia C. Whitaker
Executive Director
Community Development Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
( ""
:i\1\D ~~ r ... ') r~ L~ !-~ ~
Francisco Gutierrez f~
Executive Director
Finance & Mgmt Services Agency
PCW/DM/mlr
H:\ACTIONS\200S CC\FirstRenwalOptionLitterMaint&Cont in DT
6-20-0S.doc
25Q-2
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25Q-3
25Q-4
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
APPROVED
CONTRACT AWARD FOR WASTE
REMOVAL AND CLEAN UP AT THE
YMCA BUILDING (RFP NO.05-068)
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
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to execute an agreement with Tri-Span Inc. for waste
removal and clean up at the YMCA building in an amount not to exceed
$52,900.
DISCUSSION
The City of Santa Ana acquired the former YMCA building in July 1992. In
order to bring the property up to a marketable condition, the interior
needs to be cleaned of any waste and debris according to the Environmental
Protection Agency, the Occupational Safety and Health Administration, and
other regulatory agencies.
A Request for Proposals (RFP) was issued to three qualified vendors to
provide waste removal and clean up services. The RFP was also published
on May 25 and May 27 in the OC Reporter. The summary of the Request for
Proposals is as follows:
3 Invitations for Proposals Requested
o Invitations for Proposals to Santa Ana Vendors
2 Proposals Received
25R-1
Contract Award for Waste Removal
and Clean Up at the YMCA
Building (RFP No. 05-068)
June 20, 2005
Page 2
Each respondent's proposal submittal and price quotations were rated using
the following criteria: qualifications, history of firm, reputation of
firm, history of like services, clarity and detail of submitted proposal
and pricing. The ratings for the two respondents are as follows:
FIRM LOCATION PRICE RATING
Tri Span Inc Brea, CA $52,900 260
R.J. Allen Inc. Garden Grove, CA $62,040 210
Tri Span Inc., located in Brea, California, received the highest rating
based on the evaluation criteria.
FISCAL IMPACT
Funds for this contract agreement will be available in the FY 05-06
Downtown Maintenance account (account no. 407-933-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
patricia C. 1. taker
Executive Director
Community Development Agency
.1~~~~l' -t.:? ~~
Franci~co G~tierrez fiJ
Executl.ve Dl.rector
Finance & Management Services Agency
PCW/dm/mlr
H:\ACTIONS\2005 CC\ContAwardWasteRemoval&CleanupYMCA
6-20-05,doc
25R-2
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
APPROVED
DONATION OF A CUTTING TORCH
SYSTEM
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
{
Q~~~-
C TY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Approve the donation of a cutting torch system from Broco Inc., to be used
by the Police Department's Special Weapons and Tactics Team.
DISCUSSION
The Police Department's Special Weapons and Tactics Team (SWAT) consists of
thirty-six, full-time officers who serve the team on a collateral duty
basis. The team provides a coordinated response to critical incidents
throughout the city and the County of Orange. A specialty element on the
SWAT Team is the Breaching Unit. This unit is charged with the
responsibili ty to quickly enter a building utili zing a variety of tools.
The Broco cutting torch can quickly and safely cut through steel locks and
iron bars. It is less damaging than other tools in certain situations and
safer for officers and occupants.
Cutting torches are not unique in their use by SWAT Teams, however, the
Santa Ana SWAT Team has not had access to a cutting torch prior to this
donation. Broco Inc., is a prominent Southern California business leader
whose has the desire to impact local communities in a positive manner by
supporting local law enforcement.
FISCAL IMPACT
There is no fiscal impact associated with this action.
~"y~~~ ~ ~ [i~
Paul M. Walters
Chief of Police
Police Department
29A-1
29A-2
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
INSURANCE RENEWALS
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
t>'
". ' /'/
,/ /~
Uc-e.-- (//, _?c-
CITY MANA R
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Approve the City's continued membership in the Big Independent Cities
Excess Pool for an additional three years beginning July 1, 2005 at
an annual premium cost not to exceed $1,765,000 for the first year.
2. Approve the City's continued participation in the Public Entity
Property Insurance Program from July 1, 2005 to July 1, 2006 at a
premium cost of $333,803.
DISCUSSION
On September 23, 1988, the Big Independent Cities Excess Pool (BICEP)
Joint Powers Authority was formed with five cities. The current cities
are as follows: Santa Ana, Huntington Beach, San Bernardino, Oxnard, and
West Covina. The purpose of BICEP is to provide insurance coverage for
its members, shielding them from financial debt due to large liability
claims, judgments, and settlements.
BICEP provides insurance stability through its annual requirement of each
city to enroll for a succeeding three-year commitment. Each member city
has a $1 million self-insured liability retention that is similar to a
deductible. The current excess insurance policies will expire on July 1,
2005. The total BICEP insurance premium will not exceed $1,765,000; an
estimated $1,265,000 of which covers liability claims from $1 to $25
million per occurrence. The balance of $500,000 purchases $100 million of
excess workers' compensation insurance coverage per occurrence with a
self-insured retention between $500,000 and $1 million. The City Manager
will review the quotations and make the final approval and coverage will
be bound.
The Public Entity Property Insurance Program (PEPIP) was established on
May 15, 1993 with seventeen public agencies that included the City of
Santa Ana. The purpose of PEPIP is to provide public agencies with group
298-1
-
Insurance Renewals
June 20, 2005
Page 2
purchasing strength in a challenging property insurance market. Since
1993, PEPIP has grown to include over 5,000 members in 30 states, which
has allowed the group to purchase adequate property insurance at
affordable premiums. Renewal of the City's participation in PEPIP will
ensure the City's ability to continue purchasing property insurance at
competitive rates.
The $333,803 premium will provide $1 billion dollars of coverage for most
City properties. PEPIP will provide the City with $100 million for boiler
and machinery damage and $82.5 million in flood damage. All PEPIP members
share $100 million of terrorism coverage with a $500 million annual
aggreg~te. However, due to the excessive premium cost$ of earthquake
insurance, the City will not seek this coverage.
Current insurance deductibles are as follows:
Coverage Deductible
Vehicles
Fire Fighting $50,000
Vehicles
All other $25,000
All other occurrences $10,000
Boiler & Machinery $2,500 to $375,000, depending on the
pieces of equipment involved
FISCAL IMPACT
Funds are budgeted in the 2005-06 Liability & Property Insurance account
(account no. 80-180-6521) and Workers' Compensation account (account no.
82-178-6521) .
APPROVED AS TO FUNDS AND ACCOUNTS:
, ~ '-- \
=\\\l.\.\\\~) )~.k ~:()~
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
298-2
-
REQUEST FOR
COUNCIL ACTION
Il
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
QUITCLAIM DEED TO STATE OF
CALIFORNIA DEPARTMENT OF
TRANSPORTATION
APPROVED
D As Recommended
D As Amended
D Ordinance on 1 st Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Authorize the City Manager and the Clerk of the Council to execute a
quitclaim deed conveying the City's interest in unused irrigation
easement to the State of California Department of Transportation.
DISCUSSION
The State of California Department of Transportation (Caltrans) is
currently constructing the SR 22 Garden Grove Freeway Widening Project.
The City inherited a lO-foot wide irrigation easement from the Santa Ana
Valley Irrigation Company, north of Fairhaven between Cambridge and
Tustin Avenue. Caltrans has asked the City to quitclaim its interest in
the easement and relinquish its rights, thus allowing Caltrans to
construct the necessary improvements and widen this portion of SR 22.
The City has no improvements in the easement and foresees no future use
for the easement. In fact, this irrigation easement is a nuisance, as the
City has on-going responsibilities for weed and trash abatement.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed
request is not considered a project. No further action is required.
30A-1
Quitclaim Deed To Caltrans
June 20, 2005
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
APPROVED AS TO FUNDS AND ACCOUNTS:
~ ~/~?
James G. Ross
Executive Director
Public Works Agency
4~~~~t"~ ~..~:~-->
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services
30A-2
---
Agency iY
REQUEST FOR
COUNCIL ACTION
Il
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
APPROVED
TITLE:
ORDINANCE RELATING TO
DISPLAY OF PARKING PERMITS
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
~-
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt an Ordinance amending Section 36-488 of the Santa Ana Municipal Code
regarding the display of vehicular parking permits.
DISCUSSION
The current Section 36-488 of the Santa Ana Municipal Code requires a
parking permi t to be permanently affixed to the left rear bumper of a
vehicle. Due to the potential damage such affixation can cause, it is
proposed that the code be amended to allow residents to affix their parking
permit to either the left rear bumper or the left rear window of a vehicle.
FISCAL IMPACT
There is no fiscal impact associated with this action.
(, Wv~
Paul M. Walters
Chief of Police
Police Department
50A-1
PJC/5-31-05
ORDINANCE NO. NS-2689
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING SECTION 36-488
OF THE SANTA ANA MUNICIPAL CODE RELATING
TO DISPLAY OF PERMITS
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. Currently, Section 36-488 requires a parking permit to be
permanently affixed to the left rear bumper of a vehicle.
1. Due to the potential damage such affixation can cause to
vehicle bumpers it is appropriate to amend the code to allow
permit parking residents to affix their parking permit to either
the left rear bumper or the left rear window of a vehicle.
B. All provisions of the Santa Ana Municipal Code which are repeated
herein are repeated solely in order to comply with the provisions of
section 418 of the Charter of the City of Santa Ana. Any such
restatement of existing provisions of the Code is not intended, nor
shall it be interpreted, as constituting a new action or decision of
the City Council, but rather such provisions are repeated for
tracking purposes only in conformance with the Charter.
Section 2. Section 36-488 of the Santa Ana Municipal Code is hereby amended
to allow parking permit district residents to affix their parking permit to either the left rear
bumper or the left rear window of a vehicle (new language underlined, deleted language in
strikeout for tracking purposes only):
Sec. 36-488. Display of permits.
(a) A parking permit issued pursuant to this article (other than a guest
parking permit) shall be permanently affixed to either the left rear
bumper or the left rear window of the vehicle for which it was
issued.
Ordinance No. NS-2689
Page 1 of 3
50A-2
(b) Guest parking permits shall be displayed face-up on the left front
dashboard of the vehicle for which it was issued.
Section 3. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this ordinance. The City Council of the City of Santa Ana
hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase or portion thereof irrespective of the fact that
anyone or more sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
ADOPTED this
day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Paula J. Coleman
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Ordinance No, NS-2689
Page 2 of 3
50A-3
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2689 to be the original ordinance adopted by the
City Council of the City of Santa Ana on , and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
50A-4
Ordinance No, NS-2689
Page 3 of 3
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
APPROVED
RESOLUTION FOR SAFE ROUTES TO
SCHOOL GRANT APPLICATIONS
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
CONTINUED TO
FILE NUMBER
~ RECOMMENDED ACTION
Adopt a resolution supporting federal funding of eight projects in the
City and authorizing the Executive Director of the Public Works Agency to
submit projects for funding consideration under California's Safe Routes
to School Program.
DISCUSSION
The State of California Department of Transportation has issued a call
for projects for the Safe Routes to School Program (SR2S) for FY
2005/2006. SR2S is a federally funded program in its sixth year that
provides construction funds for proj ects to improve school pedestrian
safety.
In the first five years of the program, the City received $1,968,380 in
SR2S funds to construct twelve projects. The projects included three new
traffic signals, three left turn signals, five in-pavement lighted
crosswalks, school signage upgrade and one flashing beacon.
Staff is requesting authorization to submit eight projects for SR2S
funding for fiscal year 2005/2006 (Exhibit 1). Given the need for these
improvements, staff recommends that the City Council adopt a resolution
supporting federal funding of these projects and authorizing the
Executive Director of the Public Works Agency to submit the designated
projects for funding consideration under the Safe Routes to School
Program.
55A-1
Pedestrian Safety Grant Applications
June 20, 2005
Page 2
ENVIRONMENTAL IMPACT
Environmental reviews will be conducted for those projects that receive
funding and will be presented to the City Council when the construction
contract (s) is awarded. These types of projects typically qualify for
Categorical Exemptions.
FISCAL IMPACT
Since the Safe Routes to School Program is federally funded, the City
will need to provide 10% matching funds for any project that receives
these monies. Funds for the City's 10% match for projects receiving SR2S
grant funds will need to be budgeted in the City's FY 2006/07 Capital
Improvement Program.
~t.'d~c
6&1 J es G. Ross
Executive Director
Public Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
'/ t1o~~
Gutierrez
Executive Director
Finance and Mgmt. Services AgenC~
55A-2
LSS 5/24/05
RESOLUTION NO. 2005-057
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA SUPPORTING STATE FUNDING OF EIGHT
PROJECTS AND AUTHORIZING THE EXECUTIVE
DIRECTOR OF THE PUBLIC WORKS AGENCY TO
SUBMIT THE PROJECTS FOR FUNDING UNDER THE
STATE'S SAFE ROUTES TO SCHOOL PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. In 1999 the State of California enacted into Law California Streets and
Highways Code 92333.5, which calls for Caltrans to establish and administer a "Safe
Routes to School" construction program ("Program") and to use federal transportation
funds for the construction of bicycle, pedestrian safety, and traffic calming projects; and
B. The Program mandates that Caltrans shall make grants available to local
governmental agencies under the Program based on the results of a statewide
competition; and
C. Projects eligible for funding include construction projects that improve the
safety of pedestrian andlor bicycle routes to and from schools; and
D. The City Council of the City of Santa Ana possesses the legal authority to
nominate, finance, acquire, and construct projects that are eligible for funding under the
AB 1475 Program; and
E. The City Council of the City of Santa Ana supports efforts to improve
pedestrian safety in the City of Santa Ana.
Section 2. The City Council of the City of Santa Ana supports State funding of
projects in the City of Santa Ana under California's Safe Routes to School Program, and
authorizes the Executive Director of the Public Works Agency, or his designee, to
execute in the name of the City of Santa Ana all necessary applications required to be
submitted to Caltrans for the eight projects identified in Exhibit 1 for funding under
California's Safe Routes to School Program.
II
II
55A-3
LSS 5/24/05
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this
day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Laura Sheedy
Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached
Resolution No. 2005-057 to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Clerk of Council
City of Santa Ana
55A-4
LSS 5/24/05
SAFE ROUTES TO SCHOOL PROGRAM
PROJECTS RECOMMENDED FOR GRANT APPLICATION
FY 2005-06
Location Improvement Related School Cost
Willits/Sullivan New Traffic Signal Lincoln Elementary $311 ,1 00
Uoarade School Sianage
McFadden at Newhope Left Turn Signal (E/W) Fitz Intermediate $153,800
Upgrade School Signs
Hazard e/o Caddy Cir New Traffic Signal Rosita Elementary $311 ,1 00
Upgrade School Signage
Grand at Chestnut Left Turn Signal (E/W) Villa Intermediate $153,800
Uoarade School Si~:ms
Hazard e/o Gates New Traffic Signal Hazard Elementary $311 ,100
Upgrade School Signage
1 ih / Mabury New Traffic Signal Muir Elementary $311 ,1 00
Uoarade School Signage
Raitt & Glenwood New Traffic Signal with Carr Intermediate $335,300
Ped Countdown Signals (E/W) SA Valley High
Upgrade School Signs
Widen Sidewalk
Raitt / Manta Vista New Traffic Signal Monte Vista Elementary $311 , 1 00
Upgrade School Signage
Total $2,198,400
EXHIBIT 1
55A-5
55A-6
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
AMENDMENTS TO
CITIES EXCESS
AGREEMENTS TO
MEMBER: . ~/
t'z;a~//7:2<~.
CITY MANAGER
BIG INDEPENDENT
POOL (BICEP)
ADD TWO NEW
APPROVED
D As Recommended
D As Amended
D Ordinance on 1 st Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
CONTINUED TO
tf
FILE NUMBER
RECOMMENDED ACTION
Adopt a resolution which shall:
1. Approve the Second Amendment to the BICEP Joint Powers Agreement among
the five city members of BICEP.
2. Approve the Fourth Amendment to the Liability Risk Coverage Agreement
between BICEP and the member cities.
3. Authorize the City Manager to approve any additional amendments or
agreements necessary to admit the City of Riverside and the Community
Development Commission of the County of Los Angeles as members of Big
Independent Cities Excess Pool (BICEP).
DISCUSSION
In the interest of strengthening BICEP and minimizing Santa Ana's share of
risk in the pool, BICEP periodically considers new pool members. The City
of Riverside and the Community Development Commission of the County of Los
Angeles (CDCCLA) are seeking to join BICEP. BICEP's actuary reviewed the
history and claims data of these two agencies and recommended their
membership in BICEP. Among other things, the addition of these agencies
in BICEP would give BICEP greater negotiating power in this difficult
insurance market.
The proposed amendments make technical amendments to the operative BICEP
agreements necessary to facilitate CDCCLA membership as a non-city. The
Second Amendment to the JPA would also widen the definition of permissible
public agency members of BICEP to include non-California cities and public
agencies.
558-1
Amendments to BICEP Agreements
June 20, 2005
Page 2
It is anticipated the BICEP Board of Directors will formally recommend
these two entities for membership effective July 1, 2005 at BICEP's June
Board of Directors meeting, subject to member city ratification. Due to
very short time period before the start of the fiscal year, staff is
proposing that the City Manager, upon the concurrence of the City
Attorney, to be authorized to execute any further amendments the operative
BICEP documents to formally admi t Riverside and CDCCLA as members of
BICEP.
FISCAL IMPACT
Depending on whether both agencies join BICEP, the City's premium is
anticipated to be reduced.
558-2
(JWF 6/9/05)
RESOLUTION NO. 2005-058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING THE LIABILITY RISK
COVERAGE AGREEMENT AND THE JOINT POWERS
AGREEMENT CREATING THE BIG INDEPENDENT
CITIES EXCESS POOL JOINT POWERS AUTHORITY,
AUTHORIZING, RATIFYING, AND APPROVING CERTAIN
OTHER ACTIONS IN CONNECTION THEREWITH, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE
DOCUMENTS NECESSARY TO ADMIT TWO ADDITIONAL
MEMBERS TO BICEP.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The City of Santa Ana is a charter city and municipal corporation
organized and existing under and by virtue of the constitution and laws of
the State of California (the "City"); and
B. The Cities of Huntington Beach, Oxnard, West Covina, San Bernardino,
and Santa Ana are the current Members of the Big Independent Cities
Excess Pool Joint Powers Authority (BICEP), a joint exercise of powers
entity organized and existing under the laws of the State of California (the
"Authority"); and
C. Each Member of the Authority entered into that certain JOINT POWERS
AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS
POOL JOINT POWERS AUTHORITY, executed and delivered in
September 1988, as amended by that certain FIRST AMENDMENT TO
THE JOINT POWERS AGREEMENT, dated November 1, 2003
(altogether the "JPA Agreement")
D. The Authority and each Member entered into that certain LIABILITY RISK
COVERAGE AGREEMENT dated as of October 1, 1988 (the "Original
Agreement"), as amended by the FIRST AMENDMENT TO LIABILITY
RISK COVERAGE AGREEMENT dated as of December 1, 1988 (the
"First Amendment"), and the SECOND AMENDMENT TO LIABILITY RISK
COVERAGE AGREEMENT dated June 19, 1995 (the "Second
Amendment"), and the THIRD AMENDMENT TO LIABILITY RISK
558-3
Resolution No, 2005-058
Page 1 of 3
COVERAGE AGREEMENT, dated November 1, 2003 (the "Third
Amendment") (the Original Agreement, as amended by the First
Amendment, the Second Amendment, and the Third Amendment, is
referred to herein as the "Agreement"); and
E. The Members desire to expand the eligibility for participation in BICEP to
allow any public agency, as that term is defined in Section 6500 of the
Joint Powers Law, to join the Authority; and, in connection therewith
certain provisions of the JPA Agreement and the Agreement, respectively,
are required to be amended, supplemented, or waived, as applicable; and
F. In furtherance thereof, the City proposes to enter into the Second
Amendment to the JPA Agreement (the "Second Amendment to JPA") to
provide for the expansion of eligibility for membership in the Authority; and
G. The City proposes to enter into a Fourth Amendment to Liability Risk
Coverage Agreement (the "Fourth Amendment") to provide for the
expansion of eligibility for participation in the Authority; and,
H. The City of Riverside, California and the Community Development
Commission of the County of Los Angeles (jointly or individually, the "New
Members") have expressed interest in becoming members of BICEP, and
BICEP has determined that both agencies are potentially acceptable
members.
I. The City Council is willing to grant consent to the membership of these
agencies upon final determination by the BICEP Board and subject to
confirmation by the City Manager, Risk Manager and City Attorney.
Section 2. The Second Amendment to the JPA Amendment is approved.
Section 3. The Fourth Amendment to the Liability Risk Coverage Agreement is
approved.
Section 4. The City Manager is hereby authorized and directed, for and in the
name of the City, to execute and deliver foregoing documents and such approval to be
conclusively evidenced by the execution and delivery thereof.
Section 5. The City Manager, is also hereby authorized, in consultation with
the Risk Manager and the City Attorney, to approve and execute any other document
necessary to carry out the intent of this Resolution including further amendments to the
JPA or the Liability Risk Coverage Agreement necessary or desirable to facilitate the
admission of the New Members.
Resolution No. 2004-058
Page 2 of 3
558-4
Section 6. All actions previously taken by this City Council and by the officers
and staff of the City with respect to the matters addressed by this Resolution are hereby
approved, ratified, and confirmed in all respects.
Section 7. 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
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-058 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
Resolution No, 2005-058
Page 3 of 3
558-6
REQUEST FOR
COUNCIL ACTION
Il
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
APPROVED
D As Recommended
D As Amended
D Ordinance on 1st Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
l'
DESIGNATION OF OFFICIAL CITY
DEPOSITORY FOR THREE-YEAR
PERIOD COMMENCING JULY 1, 2005
(SPEC. NO. 2005-0 )
~ .'
1 ,/
. ;.. ~2-
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Adopt a resolution designating Bank of America, as the official
depository for the City of Santa Ana.
2. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute an agreement with Bank of
America to provide banking services for the City for a three-year
term commencing July 1, 2005, with a renewal option for two
additional years in the estimated annual amount of $72,000.
DISCUSSION
The Treasury Division of the Finance and Management Services Agency is
responsible for maintaining all banking transactions for the City,
Redevelopment Agency and the Housing Authority. Banking services utilized
include daily deposit processing, check clearing, wire services and
account reconciliation. The current five-year contract for full banking
services expires on June 30, 2005. In order to ensure the City is keeping
with changes in banking technology, services and assure competitive
pricing, the Treasury Division issued a Request for Proposals.
Notice inviting bids were sent to qualifying banks with branches located
within the City of Santa Ana. Five proposals were issued and four bids
were received. All bids submitted were responsive to the specifications.
Each respondent's proposal and price quotations were evaluated based on a
typical month's volume of transactions.
55C-1
Designation of Official City Depository for
Three-Year Period Commencing July 1, 2005
(Spec. No. 005-037)
June 20, 2005
Page 2
Based on this measure, the estimated annual cost of the four respondents
is as follows:
BANK ESTIMATED ANNUAL COST~
Bank of America $ 35,196
U S Bank $ 43,630
Wells Fargo Bank $ 44,055
Citizens Business Bank $ 71,936
I Evaluation based on normal monthly services.
In addition to providing essential banking services, Bank of America has
agreed to assist the City with a purchasing card program and the option to
transition check processing services. The recommended total annual amount
reflects normal service costs plus an additional cost in the event the
City utilizes other service options including the transitioning of check
processing services.
FISCAL IMPACT
Monthly bank charges will be deducted from interest earned on account
balances.
',", . \\- \...\y
"\~~t-~J' L'J )~ ~ "~L II ~
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
55C-2
MJV 06/14/2005
RESOLUTION NO. 2005-059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA DESIGNATING BANK OF AMERICA AS THE
DEPOSITORY FOR CITY OF SANTA ANA FUNDS,
EFFECTIVE JULY 1, 2005, AND DESIGNATING
SIGNATORIES AUTHORIZED FOR THE PURPOSE OF
WITHDRAWAL OF SAID FUNDS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA
ANA AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The City Council of the City of Santa Ana ("City") has declared a policy of
designating a bank within the City to act as depository for the demand
deposits of City funds.
B. After receiving and reviewing a number of proposals for the services
required, the City hereby designates Bank of America, 801 North Main
Street, Santa Ana, California ("Bank"), as the banking institution that shall
receive and act as depository for City funds and trust funds in control of
said City beginning July 1, 2005, and continuing for a term of three (3)
years, with the option to renew for an additional (2) two years unless
sooner terminated.
Section 2. The Executive Director of Finance and Management Services of
the City is hereby authorized for and on behalf of the City, and as its officer and agent,
to sign City of Santa Ana checks for the withdrawal of said funds so deposited, both by
facsimile signature machine-imprinted, upon City checks and by manually affixed
signature upon City checks.
Section 3. The Treasury Manager of the City is hereby authorized for and on
behalf of the City, and as an agent of the City and a deputy of the Executive Director of
Finance and Management Services to sign City of Santa Ana checks for the withdrawal
of said funds so deposited by manually affixed signature thereon.
Section 4. Said Bank is hereby authorized and directed to payout from said
City funds to the payees respectively designated on any City checks, signed in the
manner and by either of the persons hereinabove authorized, in the amounts shown on
the face of said checks.
Resolution No. 2005-059
Page 1 of 3
55C-3
Section 5. The City Manager is hereby authorized to designate in writing an
agent(s) who shall be authorized to sign City checks for the payment or withdrawal of
said funds when, due to physical absence, incapacity or death of either or both of said
authorized signatories, it may be necessary on a temporary basis to provide other
means for the signing of City checks, and/or for the payment or withdrawal of said
funds. Any such authorization shall set forth the necessity for such designation, the
period of time during which said authorization shall continue (by giving the exact starting
and termination dates) and shall contain the certification of the Clerk of the Council over
the official seal of the City of Santa Ana certifying that said authorization is in fact,
signed by the qualified and acting City Manager, shall be a specimen signature of the
person designated as such temporary agent, and shall be delivered to said Bank.
Section 6. The City Manager, or his designee, is hereby authorized to execute
and submit all documents, including but not limited to applications, agreements and
amendments which may be required to effectuate the banking services necessary for
the administration of the City's demand deposit account.
Section 7. A certified copy of this Resolution, together with the signatures of
the two agents herein authorized to act in manual form and a copy of the facsimile
signature machine-imprint of the Executive Director of Finance and Management
Services certified by the Clerk of the Council to be the signatures of said persons, and
an imprint of the official facsimile signature plate, shall be delivered to said Bank before
the first day of July, 2005. Whenever either or both of said agents leave the
employment of the City, is absent therefrom, or incapacitated for a period of time that
will affect the issuance of City checks, the Clerk of the Council shall notify said Bank of
said fact and shall certify the names, titles, and signatures of the person(s) then
designated as agent(s) of the City for the purpose of signing City checks in the manner
hereinabove provided and shall notify said Bank of every termination of such
authorization immediately upon receipt of such information.
Section 8. 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
Resolution No, 2005-059
Page 2 of 3
55C-4
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 the
attached Resolution No. 2005-059 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. 2005-059
Page 3 of 3
55C-5
55C-6
REQUEST FOR
COUNCIL ACTION
~
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
RESOLUTION AUTHORIZING A
NEIGHBORHOOD MARKET ANALYSIS
BY SOCIAL COMPACT
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 //)
/ /",J"l .
t-/72t-,L /' .I ((;-~(~~ -
CITY MANAGER
CONTINUED TO
c(
FILE NUMBER
RECOMMENDED ACTION
Adopt a resolution authorizing the preparation of a Santa Ana
Neighborhood Market Drilldown analysis by Social Compact.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION
Recommended that
preparation of a
Social Compact.
the Ci ty Council adopt a resolution authorizing the
Santa Ana Neighborhood Market Drilldown analysis by
By a vote of 5:0
Meeting of June 7,
(Robles,
2005.
Sarmiento
absent)
at
its
Regular
DISCUSSION
The Neighborhood Market Drilldown is a pioneering market analysis model
that reveals the hidden strengths of traditionally undervalued
communities. The Drilldown analysis concept was developed as a response
to traditional market analysis, which systematically shortchanges urban
markets. Social Compact works to develop urban market analysis models
that measure the three core market drivers including: a) size/growth,
population change, households and daytime population; b) buying power
(especially cash economy), i. e. aggregate household income, households
without banking relationship; and c) risk and stability.
Social Compact has studied Chicago, Cleveland, Houston, Harlem, and
Washington D.C. and has found that these markets are: a} much larger; b}
changing faster; c) with substantially different land valuations; d) much
safer than perceived; e) have a stronger base of stakeholders; and f)
have greater buying power than expected driven by a substantial cash
economy. When considering where to perform a market analysis, Social
Compact's criteria includes: a) markets poised for change, 1..e.
550-1
Resolution Authorizing a
Neighborhood Market Analysis
by Social Compact
June 20, 2005
Page 2
fundamental strengths, misrepresented, underserved; b) key leadership;
and c) active business community.
The proposed study areas, Exhibits 1 and 2, encompass large portions of
the Empowerment Zone and the Downtown. Information sets available
through state and local government are necessary to proceed with the
Drilldown. Staff will assist in obtaining these information sets which
include tax assessment data, building permit information, crime data,
vehicle registration, land use, school data, utility data, financial
institution information and commercial business license records. As was
the case in other cities, the findings from the Drilldown are anticipated
to be of great value in supporting initiatives to improve economic
opportunities in Santa Ana.
Social Compact is a non-profit corporation that is led by business
leaders from across the country and promotes successful business
investment in inner city and rural communities. This leadership includes
the Federal Home Loan Bank of San Francisco, Fannie Mae, First American
Financial, State Farm, Neighborhood Reinvestment, Affinity Bank, the
Principal Financial Group, Washington Mutual and former Governors of the
u.S. Federal Reserve Bank.
The Drilldown analysis is estimated to cost $225,000 and national
financial institutions partnering wi th the Social Compact Board, along
wi th local sponsorships from Neighborhood Housing Services of Orange
County, First American Financial, Santa Ana Federal Empowerment Zone and
Fremont Investment are anticipated to fully fund the study, without a
financial contribution from the City of Santa Ana.
FISCAL IMPACT
There is no fiscal impact associated with this action.
lvt patric~a
U Executl. v
Community
fttwa-u0
Whitaker
Director
Development Agency
PCW/SK/mlr
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5/25/05 les
RESOLUTION NO. 2005-060
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AUTHORIZING THE PREPARATION
OF A SANTA ANA NEIGHBORHOOD MARKET DRILLDOWN
ANALYSIS BY SOCIAL COMPACT
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. Social Compact is a non-profit corporation that is led by business
leaders from across the country, including but not limited to, the
Federal Home Loan Bank of San Francisco, Fannie Mae, First
American Financial, State Farm, Affinity Bank, the Principal Financial
Group, Washington Mutual and former governors of the U.S. Federal
Reserve Bank.
B. The Neighborhood Market Drilldown (UDrilldown") performed by Social
Compact is a pioneering market analysis model that reveals the hidden
strengths of undervalued communities. Social Compact's criteria for
performing a market analysis include reviewing a location that is
poised for change, has strong leaders and is an active business
community. The findings by Social Compact will be of great value in
supporting initiatives to improve economic opportunities in Santa Ana.
C. The City of Santa Ana wishes to provide necessary information sets to
Social Compact for the Drilldown. These information sets include tax
assessment data, building permit information, crime data, vehicle
registration, land use, school data, utility data, financial institution
information and commercial business license records.
D. The neighborhoods that will be associated with the Drilldown study are
depicted on Exhibits 1 and 2. These proposed study areas encompass
large portions of the Santa Ana Empowerment Zone and the
Downtown.
Section 2. The City of Santa Ana authorizes Social Compact to perform
the Santa Ana Neighborhood Market Drilldown for the City, at no financial cost to
the City.
Section 3. The City of Santa Ana hereby authorizes and empowers
550-5
5/25/05 les
the Executive Director of the Community Development Agency or her designee
to provide Social Compact with all of the necessary information in order for it to
perform the Santa Ana Neighborhood Market Drilldown.
Section 4. This Resolution shall take effect immediately upon its
adoption by the City Council, and the Clerk of the Council shall attest to and
certify the vote adopting this Resolution.
ADOPTED this
day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Lisa E. Storck
Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Council members:
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the
attached Resolution No. 2005-060 to be the original resolution adopted by the
City Council of the City of Santa Ana on
Date:
Clerk of Council
City of Santa
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REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
RESOLUTION TERMINATING EXISTING
LICENSE AGREEMENT AND APPROVING
A NEW MONTH-TO-MONTH AGREEMENT
FOR USE OF THE EL FAISAN MARKET
FACILITi)
~ ~tiJc2-
CITY MANAGER
APPROVED
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
..-/
FILE NUMBER
RECOMMENDED ACTION
1. Adopt a resolution terminating the license agreement dated September
4, 1984, between the City of Santa Ana and the Downtown Santa Ana
Business Association.
2. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute a month-to-month agreement
between the City of Santa Ana and Javier and Milena Marin, dba El
Faisan, for continued use of the El Faisan Market facilities.
3. Approve an appropriation adjustment recognizing the lease revenues
and appropriating the same.
DISCUSSION
On February 6, 1984, the City Council adopted Ordinance No. NS-1715
creating a Business Improvement District (BID) in Downtown Santa Ana and,
subsequently, appointing the newly created Downtown Santa Ana Business
Association (DSABA) as the Downtown BID Advisory Board. On September 4,
1984, City Council executed a License Agreement with DSABA to provide
property management services for the City-developed open-air vending
market, currently known as the El Faisan market. This License Agreement
called for DSABA to sub-license the facility to vendors and retain the
rent as cost for management of the facility. Most recently, on April 2,
2001, DSABA entered into an agreement with Javier and Milena Marin, dba
El Faisan, to provide Mexican import novelties, western wear goods and
services in the licensed area. That agreement expired by its term on
March 31, 2004, but the Marins have been permitted to remain on the
property on a month-to-month basis.
55E-1
Resolution Terminating Existing
License Agreement and Approving a
New Month-to-Month Agreement for
Use of the El Faisan Market Facilities
June 20, 2005
Page 2
On May 21, 2003, the DSABA Board approved a reorganization plan. Since
then, DSABA has not been an actively functioning organization.
On October 6, 2004, the City Council, adopted Resolution No. 2003-078
appointing the Community Redevelopment and Housing Commission (CRHC) in
the place of DSABA as the BID Advisory Board. Since DSABA no longer
represents the interest of the downtown businesses and is no longer the
BID Advisory Board, the City Staff has determined that DSABA is no longer
the appropriate entity to manage the subject property. The termination
of the El Faisan license agreement allows the City to enter into a month-
to-month rental agreement directly with the market operator at the
compensation rate of $3,000 per month.
FISCAL IMPACT
The appropriation adjustment will recognize the lease revenue of $36,000
annually. Funds received will be deposited into the Downtown Maintenance
Fund (account no. 407-01-5804) and appropriate the same.
APPROVED AS TO FUNDS AND ACCOUNTS:
vn.~
..,(otpatric~a
() Executl. ve
Community
tMcudo
~d'U</ (! ~J~u/)-
iJ/.Franci?co G~tierrez ctJ
Executl.ve Dl.rector r
Finance & Management Services Agency
Whitaker
irector
Development Agency
PCW/NTE/mlr
H:\ACTIONS\2005 CC\ResoTermExistLicAgree&ApprvNewMonth-MonthAgreeElFaisan 6-20-05,doc
55E-2
MV 05-27-05
RESOLUTION NO. 2005-061
A RESOLUTION OF THE CITY COUNCil OF THE CITY OF SANTA ANA
TERMINATING THE LICENSE AGREEMENT BETWEEN THE CITY OF
SANTA ANA AND THE DOWNTOWN SANTA ANA BUSINESS
ASSOCIATION
BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF SANTA ANA AS
FOllOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The City has developed and is continuing to develop certain portions of its
downtown area as locations suitable for open-air vending.
B. On February 6, 1984 the City Council adopted Ordinance No. NS-1715,
creating a Business Improvement District (BID) in Downtown Santa Ana.
C. The City Council appointed the newly created Downtown Santa Ana
Business Association (DSABA) as the Downtown Business Improvement
District (BID) Advisory Board.
D. Council determined that DSABA was the representative organization of
downtown Santa Ana and therefore was the appropriate entity to undertake
the management of vendors in certain areas of the downtown.
E. On September 4, 1984 City Council granted DSABA a revocable license to
use for various vending and display purposes the property originally known as
the "Mercado", and the "Paseo", currently known at the EI Faison market,
collectively "subject property" on the map attached hereto as Exhibit A and
incorporated herein by reference.
F. The license authorizes DSABA to enter into a lease or similar agreements
with vendors to operate on said property and for DSABA to collect and retain
rent from said vendors to offset DSABA's administrative cost of managing the
vending operations in the area.
G. The License can be revoked at any time by resolution of the City Council.
H. On April 1st, 2001, entered into a three year agreement with Javier and Milena
Marin, dba EI Fiazon, to occupy the space known as the "Mercado", and the
"Paseo" to vend Mexican import novelties, western wear, goods and services.
This agreement between DSABA and Javier and Milena Marin expired March
31,2004 however, the tenants continue to operate in the Mercado.
Resolution No. 2005-061
Page 1 of 3
55E-3
I. At its May 21,2003 meeting, DSABA approved a plan to restructure the
organization. Since this time, DSABA has no longer met or operated an a
representative organization of downtown Santa Ana.
J. On October 6, 2004, City Council adopted Resolution No. 2003-078
appointing the Community Redevelopment and Housing Commission (CRHC)
as the Downtown BID Advisory Board.
K. As DSABA no longer meets and as such, no longer represents the interest of
the downtown businesses and is no longer the BID Advisory Board, the City
hereby determines that DSABA is no longer the appropriate entity to manage
the subject property.
Section 2. The City Council hereby terminates the license agreement with
DSABA.
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this
day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Michael Vigliotta
Deputy City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Resolution No. 2005-061
Page 2 of 3
55E-4
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-061 to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
55E-5
Resolution No. 2005-061
Page 3 of 3
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2006 North Broadway, Suite 100 · Santa Ana, Califo~nia 92706
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June 10, 2005
Clerk of the Council
City of Santa Ana
P.O. Box 1988 M-30
Santa Ana, CA 92702-1988
Dear Clerk of the Council,
Due to the slow pace of interactions with the Artesia-Pilar Neighborhood Association and the
need to work further with city officials, The Church in Santa Ana would like to request a
continuance of the hearing for our project (CUP 2004-17) to 15 August 2005 from the currently
scheduled date of20 June 2005.
Please reply at your earliest convenience concerning our request and the successful rescheduling
to 15 August 2005. We thank you in advance for your timely response.
Sincerely,
r
Guido Olivares, I Ider of
The Church in Santa Ana
Tony Es inosa, Secretary of
The Church in Santa Ana
, , ,And gave Him (Jesus) to be Head over all things to the Church, which is His Body, , .
75A-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
JUNE 20, 2005
TITLE:
PUBLIC HEARING - AMENDMENT APPLICATION
NO. 2005-01; CONDITIONAL USE PERMIT NOS.
2005-10, 11, 12, 13 AND 15; DEVELOPMENT
AGREEMENT NO. 2005-02; ENVIRONMENTAL
IMPACT REPORT NO. 2004-02; VESTING
TENTATIVE TRACT MAP NOS. 2005-02, 03 AND
04 (COUNTY MAP NOS. 16621, 16622 &
16626); AND VARIANCE NOS. 2005-05, 07,
10 AND 12 FOR THE MACARTHUR PLACE SOUTH
PROJECT - NEXUS DEVELOPMENT CORPORATION,
:PPLICANrQ4J Ila-
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Adopt a resolution certifying Final Environmental Impact Report No.
2004-02 and approve the mitigation monitoring program and statement
of overriding considerations for the MacArthur Place South project.
2. Adopt an ordinance approving Amendment Application No. 2005-01.
3. Adopt an ordinance approving Development Agreement No. 2005-02.
4. Adopt a resolution approving Conditional Use Permit No. 2005-10 as
conditioned for the Lake Towers residential project.
5. Adopt a resolution approving Conditional Use Permit No. 2005-11 as
conditioned for the Cinema Tower and Loft residential projects.
6. Adopt a resolution approving Conditional Use Permit No. 2005-12 as
conditioned for the Cinema Retail project.
7. Adopt a resolution approving Conditional Use Permit No. 2005-13 as
conditioned for the Cinema Restaurant project.
8. Adopt a resolution approving Conditional Use Permit No. 2005-15 as
conditioned for the Integral residential project.
9. Adopt a resolution approving Vesting Tentative Tract Map No. 2005-02
(County Map No. 16621) as conditioned for the Integral project.
758-1
AA No. 2005-01, CUP Nos. 05-10 through 13 & 15,
DA No. 05-02, TTM Nos. 05-02 through 04,
EIR No. 04-02, and VA Nos. 05-05, 07, 10 & 12
June 20, 2005
Page 2
10. Adopt a resolution approving Vesting Tentative Tract Map No. 2005-03
(County Map No. 16622) as conditioned for the Cinema Tower and Loft
projects.
11. Adopt a resolution approving Vesting Tentative Tract Map No. 2005-04
(County Map No. 16626) as conditioned for the Lake Towers project.
12. Adopt a resolution approving Variance No. 2005-05 as conditioned to
allow a reduction in setbacks for the Lake Towers project.
13. Adopt a resolution approving Variance No. 2005-07 as conditioned for
a reduction in parking and tandem parking for the Lake Towers
project.
14. Adopt a resolution approving Variance No. 2005-10 as conditioned for
a reduction in parking for the Cinema residential, retail and
restaurant uses and to allow tandem parking.
15. Adopt a resolution approving Variance No. 2005-12 as conditioned to
allow tandem parking for the Integral condominium project.
PLANNING COMMISSION ACTION
Recommended that the City Council:
1. Adopt a resolution certifying Final Environmental Impact Report No.
2004-02 and approve the mitigation monitoring program and statement
of overriding considerations for the MacArthur Place South project.
2. Adopt an ordinance approving Amendment Application No. 2005-01.
3. Adopt an ordinance approving Development Agreement No. 2005-02.
4. Adopt a resolution approving Conditional Use Permit No. 2005-10 as
conditioned for the Lake Towers residential project.
5. Adopt a resolution approving Conditional Use Permit No. 2005-11 as
conditioned for the Cinema Tower and Loft residential projects.
6. Adopt a resolution approving Conditional Use Permit No. 2005-12 as
conditioned for the Cinema Retail project.
7. Adopt a resolution approving Conditional Use Permit No. 2005-13 as
conditioned for the Cinema Restaurant project.
758-2
AA No. 2005-01, CUP Nos. 05-10 through 13 & 15,
DA No. 05-02, TTM Nos. 05-02 through 04,
EIR No. 04-02, and VA Nos. 05-05, 07, 10 & 12
June 20, 2005
Page 3
8. Adopt a resolution approving Conditional Use Permit No. 2005-15 as
conditioned for the Integral residential project.
9. Adopt a resolution approving Vesting Tentative Tract Map No. 2005-02
(County Map No. 16621) as conditioned for the Integral project.
10. Adopt a resolution approving Vesting Tentative Tract Map No. 2005-03
(County Map No. 16622) as conditioned for the Cinema Tower and Loft
projects.
11. Adopt a resolution approving Vesting Tentative Tract Map No. 2005-04
(County Map No. 16626) as conditioned for the Lake Towers project.
12. Adopt a resolution approving Variance No. 2005-05 as conditioned to
allow a reduction in setbacks for the Lake Towers project.
13. Adopt a resolution approving Variance No. 2005-07 as conditioned for
a reduction in parking and tandem parking for the Lake Towers
project.
14. Adopt a resolution approving Variance No. 2005-10 as conditioned for
a reduction in parking for the Cinema residential, retail and
restaurant uses and to allow tandem parking.
15. Adopt a resolution approving Variance No. 2005-12 as conditioned to
allow tandem parking for the Integral condominium project.
At its May 23, 2005 meeting by a vote of 7:0 (Exhibit A).
DISCUSSION
On May 23, 2005, the Planning Commission held a public hearing on the
MacArthur Place South project, a request by Nexus Development to
construct a total of 791 condominiums units comprised of three 25-story
high rise condominium buildings with 500 units, a four to six-story, 276-
unit condominium building and a five-story mixed use building with 10,000
square feet of office uses and 15 residential units. In addition,
approximately 14,000 square feet of retail and restaurant uses are
proposed for the project.
758-3
AA No. 2005-01, CUP Nos. 05-10 through 13 & 15,
DA No. 05-02, TTM Nos. 05-02 through 04,
EIR No. 04-02, and VA Nos. 05-05, 07, 10 & 12
June 20, 2005
Page 4
After considering the various applications and project impacts, the
Planning Commission recommended approval of the project subject to
several changes. These changes, which are identified below as either
additions or modifications, include the addition of new conditions and
the modification to existing conditions. The changes include:
Additions
1.
Added a Planning Division condition to all
permits to prohibit construction workers
adjacent neighborhoods;
five
from
conditional
parking in
use
the
2. Added a Planning Division condition to all five conditional use
permits to require the submittal and approval of a waste management
plan for the project;
3. Added a Planning Division condition to Conditional Use Permit Nos.
2005-10, 2005-11 and 2005-15 (Lake Towers, Cinema site and Integral
project) to require directional signage within the adjacent parking
structure to direct patrons to additional parking spaces;
4. Added a Planning Division condition to Conditional Use Permit Nos.
2005-12 and 2005-13 (retail and restaurant) to require the
submittal of a floor plan to the Planning Manager for review and
approval to ensure visibility into the retail and restaurant spaces
is not obstructed; and,
5. Added a Planning Division condition to Conditional Use Permit No.
2005-15 (Integral project) to require the submittal of a pedestrian
paseo plan to the Planning Manager for review and approval. The
plan will include details of and enhancements to the hardscape and
landscape within the paseo area.
Modifications
6. Amended the Planning Division condition of all five conditional use
permits to prohibit pile driving prior to 8:00 a.m. on Saturday;
7. Amended the Planning Division conditions of all five conditional use
permits to require the
exterior) be maintained
installed; and,
project
in the
amenities (both
same condition
interior and
as originally
758-4
AA No. 2005-01, CUP Nos. 05-10 through 13 & 15,
DA No. 05-02, TTM Nos. 05-02 through 04,
EIR No. 04-02, and VA Nos. 05-05, 07, 10 & 12
June 20, 2005
Page 5
8. Amended the Planning Division condition for Conditional Use Permit
Nos. 2005 -10, 2005 -12, 2005 -13 and 2005 -15 (Lake Towers, retail,
restaurant, and Integral project) to require all water features be
maintained in the same condition as originally installed.
Development Agreement
Since the Planning Commission's action on May 23, 2005, several
amendments have been made to the development agreement. The amendments
are primarily technical in nature and do not affect the deal points
identified in the Planning Commission staff report. The revised
development agreement is provided within Tab I (Exhibit 9) of the Nexus
binder.
Airport Land Use Commission
The MacArthur Place South development was required to be reviewed by the
Airport Land Use Commission (ALUC) for a determination of consistency with
the Airport Environs Land Use Plan (AELUP) per Section 21676 (b) of the
California Public Utili ties Code due to the proj ect' s proximity to the
John Wayne Airport and the proposed height of the buildings (262 feet
above grade). On February 17, 2005 the ALUC held a public hearing on the
project and found the project inconsistent with the AELUP. The
inconsistent determination appeared to be primarily due to the need to
obtain a revised determination from the FAA that the project poses no
hazard to air navigation as the Cinema Tower was moved approximately 174
feet from its originally proposed location. Such "No Hazard"
determinations had previously been issued by the FAA on September 1 and
December 27, 2004. However, this move of the Cinema Tower a bit further
to the north, and further away from the airport, triggered the technical
requirement for a revised FAA determination. This new determination,
issued on May 8, 2005, again concluded the project will pose no hazard to
air navigation.
Given the FAA's most recent clearance, the City requested that the ALUC
reconsider its February decision. This reconsideration is scheduled to be
heard by the ALUC on June 16, 2005. In the event the ALUC again
determines that the project is inconsistent with the AELUP, the City
Council may overrule the ALUC determination and approve the project with a
2/3 vote in support of the project and after certain findings of fact are
made. However, that overrule process would necessitate a continuance of
the project while all the state-mandated procedures are completed.
758-5
AA No. 2005-01, CUP Nos. 05-10 through 13 & 15,
DA No. 05-02, TTM Nos. 05-02 through 04,
EIR No. 04-02 and VA Nos. 05-05, 07, 10 & 12
June 20, 2005
Page 6
The MacArthur Place South proj ect will help preserve the identity and
integrity of Hutton Centre as a major development area by incorporating
high quality design, materials and finishes, public art and pedestrian
linkages to the other developments in Hutton Centre. MacArthur Place
South will help energize and strengthen the southern gateway to the City
and will reinforce an active, vibrant urban lifestyle envisioned when the
Hutton Centre was adopted in 1987. Additionally, the project will be of
direct benefit to the community by providing additional housing
opportunities in the City. Finally, approval of the development
agreement will contribute toward improvements to the surrounding
neighborhoods. Therefore, staff recommends that the City Council adopt a
resolution certifying Final Environmental Impact Report No. 2004-02 and
approve the mitigation monitoring program and statement of overriding
considerations for the MacArthur Place South project, adopt an ordinance
approving Amendment Application No. 2005-01, adopt an ordinance approving
Development Agreement No. 2005-02, adopt a resolution approving
Conditional Use Permit Nos. 2005-10, 2005-11, 2005-12, 2005-13 and 2005-15
as conditioned, adopt a resolution approving Tentative Tract Map Nos.
2005-02, 2005-03 and 2005-04 (County Map Nos. 16621, 16626 and 16626) as
conditioned, and adopt a resolution approving Variance Nos. 2005-05, 2005-
07, 2005-10 and 2005-12 as conditioned.
FISCAL IMPACT
The funds necessary for this action will come from project specific tax
increment generated by the development project.
~/\-.
(Ja M. Trevino
cutl.ve Dl.rector
Planning and Building Agency
VF:rb
vf/reports/Nexus.cc
758-6
KO 6/15/05
RESOLUTION NO. 2005-063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA CERTIFYING AND APPROVING THE
ENVIRONMENTAL IMPACT REPORT, APPROVING A
MITIGATION MONITORING PROGRAM, AND ADOPTING
CERTAIN FACTS, FINDINGS AND A STATEMENT OF
OVERRIDING CONSIDERATIONS FOR THE PROPERTY
LOCATED AT 1, 9, AND 10 EAST HUTTON CENTRE DRIVE
AND 101 EAST SANDPOINTE AVENUE (MACARTHUR
PLACE SOUTH PROJECT)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA
AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The Applicant is requesting approval of an amendment application, five
conditional use permits, a development agreement, three tentative tract
maps and four variances to allow the construction of three residential high
rise buildings with 500 condominium units, a four to six-story condominium
project with 276 units, a five story mixed-use building with 15 residential
units and 10,000 square feet of office space and 14,000 square feet of retail
and restaurant spaces at 1, 9 and 10 East Hutton Centre Drive and 101 East
Sandpointe Avenue.
B. On May 23, 2005, the Planning Commission held a duly noticed public
hearing and unanimously voted to recommend that the City Council:
1. Adopt a resolution certifying Final Environmental Impact Report No.
2004-02 and approve the mitigation monitoring program and
statement of overriding considerations for the MacArthur Place South
project.
2. Adopt an ordinance approving Amendment Application No. 2005-01.
3. Adopt an ordinance approving Development Agreement No. 2005-02.
4. Adopt a resolution approving Conditional Use Permit No. 2005-10 as
conditioned for the Lake Towers residential project.
5. Adopt a resolution approving Conditional Use Permit No. 2005-11 as
conditioned for the Cinema Tower and Loft residential projects.
6. Adopt a resolution approving Conditional Use Permit No. 2005-12 as
758-7
Resolution No, 2005-063
Page 1 of 5
conditioned for the Cinema Retail project.
7. Adopt a resolution approving Conditional Use Permit No. 2005-13 as
conditioned for the Cinema Restaurant project.
8. Adopt a resolution approving Conditional Use Permit No. 2005-15 as
conditioned for the Integral residential project.
9. Adopt a resolution approving Vesting Tentative Tract Map No. 2005-
02 (County Map No. 16621) as conditioned for the Integral project.
10. Adopt a resolution approving Vesting Tentative Tract Map No. 2005-
03 (County Map No. 16622) as conditioned for the Cinema Tower
and Loft projects.
11. Adopt a resolution approving Vesting Tentative Tract Map No. 2005-
04 (County Map No. 16626) as conditioned for the Lake Towers
project.
12. Adopt a resolution approving Variance No. 2005-05 as conditioned to
allow a reduction in setbacks for the Lake Towers project.
13. Adopt a resolution approving Variance No. 2005-07 as conditioned
for a reduction in parking and tandem parking for the Lake Towers
project.
14. Adopt a resolution approving Variance No. 2005-10 as conditioned
for a reduction in parking for the Cinema residential, retail and
restaurant uses and to allow tandem parking.
15. Adopt a resolution approving Variance No. 2005-12 as conditioned to
allow tandem parking for the Integral condominium project.
C. On June 20, 2005 the City Council of the City of Santa Ana held a duly
noticed public hearing and at that time considered all testimony, written and
oral.
D. Due to the size of the project and the impacts to the environment, an
Environmental Impact Report (EIR) was prepared for this project.
E. On June 28, 2004, a Notice of Preparation was prepared, submitted to
interested persons, responsible and trustee agencies, and filed with the
County Recorder regarding this proposed project, which was at that time
described as the demolition of 47,000 square feet existing land uses and
associated parking facilities and the relinquishing of the approved
entitlements for a 192-room planned hotel to allow for the development of
two 23-story residential towers at 10 East Hutton Centre Drive, one 23-story
residential tower at 9 East Hutton Centre Drive, two 5-story residential
Resolution No, 2005-063
Page 2 of 5
758-8
building at 101 East Sandpointe Avenue, a 5,570 square foot restaurant and
a 8,000 square foot retail building at 1 East Hutton Centre Drive. The
attached exhibit shows the proposed site plan for the MacArthur Place South
project site. Table 1 provides a statistical summary of the proposed project.
F. Four (4) alternatives to the proposed project were developed and studied.
G. The City prepared a Draft EIR for this proposed project, which was
submitted for public comment to all responsible agencies, the State
Clearinghouse, neighboring communities and districts, neighborhoods in the
vicinity and the requesting public.
H. All comments to the Draft EI R were considered and responded to in the
proposed Final EIR (which includes the Draft EIR and errata).
I. A proposed mitigation monitoring plan has been prepared, as has 38 pages
of certain facts, findings and statement of overriding considerations, which
are attached to this Resolution as Exhibits "A" and "B" respectively and
incorporated by this reference as though fully set forth herein.
J. Page 9 of the Clarification to the Draft Environmental Impact Report
contained in the Volume IV is hereby replaced with Exhibit "C" which is
attached hereto and incorporated by this reference as though fully set forth
herein. This errata page shall replace page 9 of the clarifications to the
Draft Environmental Impact Report.
K. At its regular meeting of May 23, 2005, the Planning Commission of the City
of Santa Ana, following a duly noticed public hearing, voted unanimously to
recommend to the City Council that it adopt this Final EIR, the mitigation
monitoring plan, and certain facts, findings and statements.
L. The City Council has fully considered this matter, and all public testimony, at
a duly noticed public hearing held at its regularly scheduled meeting of June
20,2005.
M. All attached documents, including the Final EIR, the mitigation monitoring
plan, the 38 pages of findings and approvals, the Request for Council
Action, and the record of proceedings are incorporated herein by this
reference as though fully set forth. At the June 20, 2005 meeting, the City
Council also adopted an ordinance approving Amendment Application No.
2005-01; adopted an ordinance approving Development Agreement No.
2005-02; and adopted a resolution approving Conditional Use Permits
(Numbers 2005-10, 2005-11, 2005-12, 2005-13, 2005-15), Vesting Tentative
Tract Maps (Numbers 2005-02, 2005-03, 2005-04), and Variances
(Numbers 2005-05, 2005-07, 2005-10, 2005-12). This resolution
incorporates by reference, as though fully set forth herein, the ordinance and
resolutions and said Final Environmental Impact Report, Mitigation
Monitoring Program, and Statement of Overriding Considerations, and all of
758-9
Resolution No. 2005-063
Page 3 of 5
their respective facts, findings and conclusions in support of this resolution
and the findings made herein.
Section 2. The City Council has reviewed and considered the information
contained in the Final EIR prepared with respect to this Project. The City Council has,
as a result of its consideration of the record as a whole and the evidence presented at
the hearings on this matter, determined that, as required pursuant to the California
Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the Final EIR
meets all requirement of CEQA, including but limited to: finding that the Final EIR
adequately addresses the impacts of the project; that it identifies and through the
mitigation monitoring plan imposes all feasible mitigation measures which will reduce all
of the significant environmental impacts of the Project to a level of insignificance, except
those unavoidable impacts described more specifically in the statement of overriding
considerations; discusses a reasonable range of alternatives to the Project; identifies
the environmentally superior alternative; and based upon all of which and the record as
a whole the Council chooses to approve the Project. The City Council hereby certifies
and approves the Final EIR, the mitigation monitoring plan, the facts, findings and
Statement of Overriding Considerations attached to this Resolution as Exhibits "A" and
"B" respectively and incorporated herein by this reference, and directs that a Notice of
Determination be prepared and filed with the County Clerk of the County of Orange in
the manner required by law.
Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR")
S 735.5(c)(1), the City Council has determined that, after considering the record as a
whole, there is no evidence that the proposed project will have the potential for any
adverse effect on wildlife resources or the ecological habitat upon which wildlife resources
depend. The proposed project exists in an urban environment characterized by paved
concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish
and Game Code S 711.2 and Title XIV, CCR S 735.5, the payment of Fish and Game
Department filing fees is not required in conjunction with this project.
Section 4. This Resolution shall take effect immediately after 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 June, 2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
Resolution No, 2005-063
Page 4 of 5
758-10
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005- 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
758-11
Resolution No. 2005-063
Page 5 of 5
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758-28
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT,
FINDINGS AND APPROVALS FOR THE MACARTHUR PLACE SOUTH PROJECT
1.0 CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT
Pursuant to California Code of Regulations (CCR), Title 14, Section 15090, the City of Santa
Ana hereby certifies the Final Environmental Impact Report ER-2004-02, State Clearinghouse
No. 2004061140 for the MacArthur Place South project. The Final EIR was completed in
compliance with the California Environmental Quality Act (CEQA), Public Resources Code
Section 21000, et seq and the State CEQA Guidelines, CCR, Title 14, Section 15000, et seq.
The City certifies that it has been presented with the Final EIR and that it has reviewed and
considered the information in the Final EIR prior to approving the MacArthur Place South
project, as set forth herein. The City further certifies that the Final EIR reflects the independent
judgment and analysis of the City of Santa Ana. The Final EIR consists of the Draft EIR, the
Responses to Comments Report and the project Mitigation Monitoring Program (MMP).
2.0 FINDINGS
Having received, reviewed and considered the information in the record before it, including the
Final EIR, which is hereby incorporated by reference, the following Findings are hereby adopted
by the City as required by CEQA (specifically, CCR, Title 14, Sections 15091 through 15093) in
conjunction with the approval of the project, which is set forth below.
The City is the Lead Agency for the environmental documentation for the project evaluated in
the Final EIR. Based on the substantial evidence in the record before it, the City finds that the
Draft and Final EIRs were prepared in compliance with CEQA and the CEQA Guidelines. The
City finds that the Draft EIR was prepared by consultants retained by City staff, subject to
independent review and judgment of the City. The City finds that it has independently reviewed
and analyzed the Draft EIR and the Final EIR for the MacArthur Place South project, that the
Draft EIR which was circulated for public review reflected its independent judgment and that the
Final EIR reflects the independent judgment of the City.
The City has based its actions on full appraisal of all viewpoints, including all comments
received up to the date of the adoption ofthese Findings, concerning the potential environmental
impacts identified and analyzed in the Final EIR.
In addition, the City has reviewed and considered the MMP, which is contained in the Final EIR
and which describes the process to ensure implementation of the mitigation measures that have
been incorporated in the approved project to reduce or avoid significant adverse impacts of the
project on the environment. This MMP will ensure CEQA compliance during project
imp lementation.
Exhibit B
Page 1 of38
758-29
Page 1
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
3.0 ENVIRONMENT AL REVIEW PROCESS
3.1 PROJECT BACKGROUND AND OBJECTNES
The MacArthur Place South project site is located in the southeast part of the City of Santa Ana
and is generally located at the southeast comer of MacArthur Boulevard Main Street. The project
site is immediately west of the Costa Mesa Freeway (SR-55) and approximately three-quarters
of a mile north of the San Diego Freeway (1-405). John Wayne Airport is located approximately
1.1 miles south of the proj ect site. The City of Irvine is located south and east of the proj ect site
and the City of Costa Mesa is located southwest of the site.
The proposed project is a mixed-use development. The project consists of three 25-story
residential towers, with a total of 501 residential units, one 5-and 6 story 10ft building with 14
residential units and 10,000 square feet of office space, a condominium complex including three
5 and 6 low rise buildings with a total of 276 residential units and a restaurant and retail building
providing 13,871 square feet of commercial area.
The objectives for the MacArthur Place South project are to:
. To provide a mixed-use project that provides residential uses, supporting commercial
uses and on-site recreational facilities within the southeastern area of the City.
. To provide for high-rise residential dwellings in a range of product types that appeal to a
wide range of market segments.
. To help meet the City's Land Use Element Policy of providing high-density residential
development within the City's District Centers as part of master planned mixed-use
development.
. To help achieve the goals and objectives of the City's Redevelopment Agency for the
South Main Street Redevelopment Project Area.
. To provide new housing opportunities to improve the jobs-to-housing ratio in the City of
Santa Ana.
. To fulfill the General Plan objective of concentrating high intensity high rise projects
such as this in an existing urban setting, as opposed to displacing lower density (and
possibly low income) housing to accommodate this growth premise.
The City of Santa Ana is the Lead Agency for the EIR, as defined by Section 21067 of CEQA.
The City of Santa Ana has determined that the EIR is required for the MacArthur Place South
project pursuant to Section 15063 of the CEQA Guidelines to assess the potential impacts
resulting from approval of the project and other discretionary actions necessary for its
implementation. This EIR is intended to serve as a project EIR for the MacArthur Place South
site plan approval and other related implementation actions.
Exhibit B
Page 2 of38
758-30
Page 2
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
To implement the project, the City and/or other public agencies may consider various actions,
permits and approvals. Other agencies may also consider the EIR in the review of project
permits or other actions. The potential actions, permits and approvals for the proposed project
are anticipated to include the following:
. Zone change to Specific Development (SD) zone.
. Site Plan review
. Lot line adjustment
. Tentative/Final Tract Maps
. Conditional Use Permit
. Parking Variance
. Airport Environs Land Use Plan Consistency Finding
. Development Agreement
3.2 DRAFT ENVIRONMENTAL IMP ACT REPORT
3.2.1 Initial Study and Notice of Preparation
The City of Santa Ana distributed a Notice of Preparation (NOP) of an EIR and an Initial Study
(IS) for the MacArthur Place South project on July 28, 2004, for a 30-day review period. The
Nap/IS was distributed to the State Clearinghouse Office of Planning and Research, public
agencies, utility and service providers, homeowners' associations and other interested parties in
the project area. The Nap/IS is provided in Appendix W of the EIR. The City of Santa Ana
received twelve written responses to the NOP. Copies of these comment letters are provided in
Appendix V of the EIR.
3.2.2 Scoping Meeting
The City of Santa Ana conducted a public scoping meeting for the MacArthur Place South
project on July 21,2004. The meeting was held from 5:30 PM to 7:00 PM, at the City of Santa
Ana City Council Chambers, in the Santa Ana Civic Center. The notice of the scoping meeting
was included in the Project Nap. A copy ofthe NOP scoping notice is provided in Appendix W
of the EIR.
Based on the findings of the IS and public input provided in response to the NOP, the Draft EIR
evaluated the following environmental issues: aesthetics; aviation, air quality; geology and soils,
hazards and hazardous materials, hydrology and water quality, land use and relevant planning,
noise, population and housing, public services, transportation and traffic, utilities and service
systems, and recreation.
Exhibit B
Page 3 of38
Page 3
758-31
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
3.2.3 Draft EIR
Circulation of the Draft EIR
The City of Santa Ana circulated the Draft EIR for the MacArthur Place South Project for public
review between March 7,2005 and April 20, 2005. The Responses to Comments Report (RTC)
documents the public review and comment period for the Draft EIR. The Notice of Completion
and the Notice of Availability (NOA) for the Draft EIR are provided in Appendix A ofthe RTC
Report. The NOA was published in the Orange County Register on March 7, 2005, and filed
with the Orange County Clerk. The distribution list for the Draft EIR is provided in Appendix B
in the R TC Report.
The written comments received on the Draft EIR included comment letters and written
comments provided to the Planning Commission during the public hearing. Written comments
on the Draft EIR for the MacArthur Place South project were received from the following:
State, Regional and Local Agencies
California Department of Toxic Control
South Coast Air Quality Management District
Southern California Association of Governments
Orange County Vector Control District
City of Tustin
City of Costa Mesa
City of Irvine
John Wayne Airport
Orange County Airport Land Use Commission
Businesses, Groups and Organizations
Southern California Gas Company
Members of the General Public
Pat and Richard Merritt
Heidi Radisay
Theresa Delvac
Planning Commission Public Hearing
A public hearing was held on the Draft EIR for the MacArthur Place South project as part of the
regularly scheduled April 11, 2005 City of Santa Ana Planning Commission meeting. This
meeting was held in the City of Santa Ana Council Chambers (22 Civic Center Plaza, Santa
Ana). The purpose of the meeting was to receive public comments on the Draft EIR. Appendix C
in the RTC Report provides a list of all the persons who spoke at the Planning Commission
public hearing. The transcript from the public hearing is also provided in the RTC Report.
Exhibit B
Page 4 of38
Page 4
758-32
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
Second Planning Commission Public Hearing
A second public hearing with the Santa Ana Planning Commission was held on the Draft EIR for
the MacArthur Place South project on May 23, 2005. This meeting was held in the City of Santa
Ana Council Chambers (22 Civic Center Plaza, Santa Ana). The purpose of the meeting was to
review response to comments on the Draft EIR and to receive additional public comments on the
Draft EIR At the conclusion of the meeting, the Santa Ana Planning Commission recommended
the City Council certify the Draft EIR for the MacArthur Place South project. Appendix D in the
R TC Report provides a list of all the persons who spoke at the Planning Commission public
hearing. The transcript from the public hearing is also provided in the RTC Report.
Written Responses to Written Comments
The City evaluated the comments on environmental issues received from persons who reviewed
the EIR. In accordance with CEQA, the City prepared written responses describing the
disposition of significant environmental issues raised in these comments. As required by CEQA,
the City has provided to each of the public agencies that commented on the Draft EIR responses
to the comments received from that agency at least ten days prior to the certification of the Final
EIR. The Final EIR provided adequate, good faith and reasoned responses to the comments.
Pursuant to Section 15088.5 of the CEQA Guidelines, a lead agency is required to recirculate an
EIR when significant new information is added to the EIR after the Notice of Availability is
given, but before certification. The term "new information" specifically includes:
(i) Changes to the project,
(ii) Changes in the environmental setting or
(iii) Additional new data or other information.
Section 15088.5 of the CEQA Guidelines further provides that". . .new information added to an
EIR is not "significant" unless the EIR is changed in a way that deprives the public of a
meaningful opportunity to comment upon a substantial adverse environmental effect of the
project or a feasible way to mitigate or avoid such an effect (including a feasible project
alternative) that the project's proponents have declined to implement."
The City has reviewed the comments received on the Draft EIR and the responses to those
comments as well as other text changes and references that have been incorporated into the Final
EIR. Since the release of the Draft EIR for public review, there have been no changes to the
project; no changes in the environmental setting; and no additional data or information were
added to the EIR which would deprive the public of a meaningful opportunity to comment on the
project. Therefore, having reviewed the information contained in the Draft and Final EIRs and
in the administrative record, as well as the requirements under Section 15088.5 of the CEQA
Guidelines regarding recirculation of draft EIRs, the City hereby finds that there is no new
significant information and no need to recirculate the EIR. Therefore, the Final EIR has been
prepared and considered by the City.
Exhibit B
Page 5 of38
Page 5
758-33
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
3.2 FINAL ENVIRONMENTAL IMPACT REPORT
The City has prepared a Final EIR for the MacArthur Place South project. In accordance with
the requirements of CEQA and the CEQA Guidelines, the Final EIR consists of:
( a) The Draft EIR;
(b) Comments and recommendations received on the Draft EIR, provided in the R TC Report;
(c) A list of persons, organizations and public agencies commenting on the Draft EIR, provided
in the R TC Report;
(d) The City's responses to the comments received on the Draft EIR, provided in the RTC
Report;
(e) The Final MMP and
(f) Other information added by the City, including all documents incorporated by reference.
4.0 PROJECT IMPACTS AND DISPOSITION OF RELATED MITGATION
MEASURES IDENTIFIED IN THE FINAL EIR
The analysis in the Final EIR identifies all the significant adverse environmental impacts of the
MacArthur Place South project. All the mitigation measures identified in the Final EIR are
included in the project approval and are made conditions of the MacArthur Place South project.
The following Findings are made with respect to each significant adverse environmental impact
of the MacArthur Place South project. In addition, the following Findings provide a description
of the potential adverse impacts of the project and the mitigation measures in support of the
Findings.
Potentially significant adverse impacts of a project can be divided into two categories:
.
Potentially significant adverse impacts, which can be mitigated to below a level of
significance, based on implementation of identified project enhancement measures, project
mitigation measures and/or City of Santa Ana standard conditions of approval.
.
Potentially significant adverse impacts which can be partially mitigated, but not to below
a level of significance. As described later in these Findings, the City Place project will result
in some significant adverse impacts, which cannot be mitigated to below a level of
significance.
For each potentially significant adverse impact of the City Place project, one of the following
findings must be made, including the provision of facts supporting each finding:
.
Mitigation measures and/or project enhancement measures have been incorporated into
Exhibit B
Page 6 of38
758-34
Page 6
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
the project, which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
· Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such
other agency or can and should be adopted by such other agency.
· Specific economic, legal, social, technological or other considerations make infeasible
the mitigation measures or project alternatives identified in the Final EIR.
4.1 POTENTIALLY SIGNIFICANT ADVERSE IMPACTS OF THE MACARTHUR
PLACE SOUTH PROJECT, WHICH CANNOT BE MITIGATED TO BELOW A
LEVEL OF SIGNIFICANCE
Potentially significant adverse impacts of the MacArthur Place South project, which cannot be
mitigated to below a level of significance are described in this Section. The City of Santa Ana
City Council finds that these potentially significant adverse impacts of the MacArthur Place
South project would not be mitigated to below a level of significance, after implementation of
the project mitigation measures. A Statement of Overriding Considerations (SOC) has been
prepared to address these unavoidable significant adverse impacts of the MacArthur Place South
project, as described later in Section 7.0 (Statement of Overriding Considerations).
4.1.1 Impacts Related to Aesthetic Impacts
4.1.1.1 Potentially Significant Adverse Impact Related to Aesthetic Impacts III Regards to
Height and Mass
As described in Section 5.1 in the EIR, the MacArthur Place South proj ect would result in
significant adverse aesthetic impacts as a result of the high-rise residential tower components of
the project being substantially higher in height and larger in mass than existing land uses in the
project area and being in contrast with the existing development patterns within the project area.
Finding Related to Height and Mass Aesthetic Impacts
Specific economic, legal, social, technological or other considerations make infeasible the
mitigation measures or project alternatives identified in the Final EIR to reduce unavoidable
significant impacts to a level that would be less than significant.
Facts in Support of the Finding Related to Height and Mass Aesthetic Impacts
There are no feasible mitigation measures or project alternatives to reduce the height and mass
aesthetic impacts of the project to a level that would be less than significant. Therefore, the
height and mass aesthetic impact of the MacArthur Place South project would be significant and
unavoidable.
Level of Significance of Impacts Related to Height and Mass Aesthetic Impacts
Exhibit B
Page 7 of 38
Page 7
758-35
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
The aesthetic impacts of the MacArthur Place South project related to height and mass cannot be
mitigated to below a level of significance.
4.1.l.2 Potentially Significant Adverse Impact Related to Shade and Shadow Impacts
As described in Section 5.1 in the EIR, the MacArthur Place South project would result in
significant adverse aesthetic impacts from shade and shadow impacts on residential uses.
Finding Related to Aesthetic Shade and Shadow Impacts
Specific economic, legal, social, technological or other considerations make infeasible the
mitigation measures or project alternatives identified in the Final EIR to reduce unavoidable
significant impacts to a level that would be less than significant.
Facts in Support of the Finding Related to Aesthetic Shade and Shadow Impacts
There are no feasible mitigation measures or project alternatives to reduce shade and shadow
aesthetic impacts of the project to a level that would be less than significant. Therefore, the
impact of the MacArthur Place South project from shade and shadow aesthetic impacts would be
significant and unavoidable.
Level of Significance of Impacts Related to Shade and Shadow Aesthetic Impacts
The aesthetic impacts of the MacArthur Place South project related to shade and shadow cannot
be mitigated to below a level of significance.
4.1.2 Impacts Related to Short Term Air Quality Impacts
Potentially Significant Adverse Impact Related to Short-Term Construction Related Air Quality
Impacts.
As described in Section 5.3 in the EIR, the MacArthur Place South project would result in
significant adverse short-term air quality impacts.
Finding Related to Construction Related Air Quality Impacts
Specific economic, legal, social, technological or other considerations make infeasible the
mitigation measures or project alternatives identified in the Final EIR to reduce unavoidable
significant impacts to a level that would be less than significant.
Facts in Support ofthe Finding Related to Construction Related Air Quality Impacts
There are no feasible mitigation measures or project alternatives to substantially reduce air
quality impacts during construction to a level below significant. Therefore, the short-term air
quality impacts during construction of the MacArthur Place South project would be significant
Exhibit B
Page 80f38
Page 8
758-36
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
and unavoidable. Compliance with the following project enhancement measures will lessen air
quality impacts during construction.
AQ-1 During construction, the contractor shall be required to comply with SCAQMD Fugitive
Dust Rule 403 to suppress dust generated by construction operations. To ensure
compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans
for the proposed project shall reflect the following notes:
. All materials excavated or graded shall be sufficiently watered to prevent excessive
amounts of dust. Watering with complete coverage shall occur at least twice daily, once
in the late morning and once after work is done for the day.
. All clearing and earthwork activities shall cease during periods of high winds (winds
greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes.
. Internal roadways and project site entry and exit points shall be cleaned at the end of each
day by the project developer. Dust and debris from construction activities that migrates or
is carried onto MacArthur Boulevard or Main Street adjacent to the project site shall also
be cleaned each day.
. All material transported off-site shall either be sufficiently watered or securely covered to
prevent excessive amounts of dust. Haul trucks leaving the site shall have a minimum
freeboard distance of 12-inches.
. Construction equipment leaving the project site shall be wheel washed.
. The amount of area disturbed by clearing and earthwork activities shall be minimized at
all times.
. Equipment engines shall be maintained in good condition and in proper tune according
manufacturer's specifications.
. To the extent feasible, construction equipment shall use alternative clean fuels such as
compressed natural gas equipment with oxidation catalysts. If alternative clean fuels are
not feasible, gasoline powered construction equipment shall be used.
. Construction equipment operating on diesel fuel shall use particulate filters or low
sulfur diesel.
. To the extent feasible construction operations shall use electricity from power poles in-
lieu of temporary diesel or gasoline-powered generators.
AQ-2 Prior to commencement of construction activities, the project developer shall identify to
the City a construction relations officer to act as a community liaison concerning on-site
activity, including resolution of issues related to dust generation from grading/paving
activities. A publicly visible sign shall be posted with name of construction relations
Exhibit B
Page 9 of38
Page 9
758-37
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
officer and telephone number.
AQ-3 During finish work, the construction contractor shall ensure the minimization of ROG
emissions. Building plans for the project shall specify and require the use of pre-coated
building materials, use of high pressure-low volume (HPLV) paint applicators with 50%
efficiency, and use oflower volatility paint not to exceed 100 grams ofROG per liter.
AQ-4 During construction and grading activities, the developer's construction contractor shall
comply with the measures set forth in the Storm Water Pollution Prevention Plan
(SWPPP) to ensure that airborne dust is kept to a minimum.
Level of Significance of Impacts Related to Construction Related Air Quality Impacts
The short-term air quality impacts associated with the construction of MacArthur Place South
cannot be mitigated to below a level of significance.
4.1.3 Impacts Related to Long Term Air Quality Impacts
Potentially Significant Adverse Impact Related to Long Term Operational Air Quality Impacts.
As described in Section 5.3 in the EIR, the operation of the MacArthur Place South project will
result in significant long-term air quality impacts related to regional NOx, carbon monoxide (CO)
and reactive organic gases (ROG) emissions.
Finding Related to Long Term Operational Air Quality Impacts
Specific economic, legal, social, technological or other considerations make infeasible the
mitigation measures or project alternatives identified in the Final EIR to reduce unavoidable
significant impacts to a level that would be less than significant.
Facts in Support of the Finding Related to Long Term Operational Air Quality Impacts
There are no feasible mitigation measures or project alternatives to substantially reduce NOx, CO
and ROG emissions during operation of the proposed project to a level that would be less than
significant. Therefore, the air quality impacts during operation of the MacArthur Place project
related to regional NOx, CO and ROG emissions would be significant and unavoidable.
Compliance with the following project enhancement measure will lessen long-term operational
air quality impacts.
AQ-5 Prior to issuance of building permits and to the extent feasible, building plans for the
proposed project shall reflect the use of the following measures.
. Use low-polluting high energy-efficient appliances
. Install solar panels on roofs to supply electricity for heating and cooling
. Use double-paned windows to reduce thermal loss
. Install automatic lighting on/off controls and energy-efficient lighting
Exhibit B
Page 10 of38
Page 10
758-38
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
. Use light colored roofing materials in new construction to deflect heat away from
buildings.
Level of Significance ofImpacts Related to Long Term Operational Air Quality Impacts
The adverse operational impacts of the MacArthur Place South project related to long term
operational NOx, CO and ROG emissions cannot be mitigated to below a level of significance.
4.1.4 Cumulative Impacts Related to Air Quality
Potentially Significant Cumulative Adverse Impact Related to Air Quality
As discussed above, the construction related NOx emissions of the proposed project and the
operations related NOx, ROG and CO emissions of the proposed project would exceed the
applicable South Coast Air Quality Management District (SCAQMD) thresholds for these
criteria pollutants. The impacts from the proposed project plus related cumulative projects
would additionally contribute to cumulatively significant adverse emissions in the South Coast
Air Basin (Basin), which is already a nonattainment area. This impact is significant and adverse
and cannot be mitigated to below a level of significance. Regional programs to reach air quality
goals and standards will be adhered to by the cumulative projects, reducing the impact.
However, the incremental increase is considered significant and adverse when added to the
existing nonattainment levels of the Basin.
Finding Related to Cumulative Air Quality
Specific economic, legal, social, technological or other consideration, make infeasible the
mitigation measures or project alternatives identified in the Final EIR that would reduce
cumulative impacts to a level considered less than significant.
Facts in Support of the Finding Related to Cumulative Air Quality
There are no feasible mitigation measures or feasible project alternatives to substantially reduce
NOx emissions during construction and regional NOx, CO and ROG emissions during operation
of the proposed project. Therefore, the significant adverse air quality impacts during
construction and operation of the MacArthur Place South project cannot be reduced to below a
level of significance. Therefore, the MacArthur Place South project will contribute cumulatively
to adverse air quality impacts in the Basin.
Level of Significance of Impacts Related to Cumulative Air Quality
The contribution of the MacArthur Place South project to cumulatively adverse impacts related
to NOx emissions during construction and NOx, CO and ROG emissions during operation cannot
be mitigated to below a level of significance.
4.1.5 Impacts Related to Transportation
Exhibit B
Page 11 of38
Page 11
758-39
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
4.1.5.1 Potentially Significant Adverse Impacts To The State Route SR-55 Southbound On-
Ramp At MacArthur Boulevard
As described in Section 5.11 in the EIR, the long-term operation of the MacArthur Place South
project would result in significant adverse traffic impacts at the SR-55 Southbound On-Ramp at
MacArthur Boulevard.
Finding Related to Impacts To The Southbound SR-55 On-Ramp at MacArthur Boulevard
Specific economic, legal, social, technological or other considerations make infeasible the
mitigation measures or project alternatives identified in the Final EIR to reduce unavoidable
significant impacts to a level that would be less than significant.
Facts in Support of the Finding Related to Impacts To The State Route SR-55 Southbound On-
Ramp At MacArthur Boulevard
The proposed project would be required to contribute a fair share of funds for improvements to
the Southbound Sr-55 On-Ramp to reduce potentially significant impacts to a level considered
less than significant. However, at this time there is no specific funding program or time frame to
implement the improvements. Because of the uncertainty then the improvements would occur,
the impacts to the southbound SR-55 On-Ramp would be considered an unavoidable significant
impact.
Level of Significance of Impacts Related to Impacts To The State Route SR-55 Southbound On
-Ramp At MacArthur Boulevard.
The project traffic impacts at the southbound SR-55 On-Ramp at MacArthur Boulevard cannot
be mitigated to below a level of significance.
4.1.5.2 Potentially Significant Adverse Impacts To The State Route SR-55 Northbound On-
Ramp At MacArthur Boulevard
As described in Section 5.11 in the EIR, the long-term operation of the MacArthur Place South
project would result in significant adverse traffic impacts at the SR-55 Northbound On-Ramp at
MacArthur Boulevard.
Finding Related to Impacts To The Southbound SR-55 On-Ramp at MacArthur Boulevard
Specific economic, legal, social, technological or other considerations make infeasible the
mitigation measures or project alternatives identified in the Final EIR to reduce unavoidable
significant impacts to a level that would be less than significant.
Facts in Support of the Finding Related to Impacts To The State Route SR-55 Northbound On-
Ramp At MacArthur Boulevard
Exhibit B
Page 12 of38
Page 12
758-40
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
The proposed project would be required to contribute a fair share of funds for improvements to
the Northbound SR-55 On-Ramp to reduce potentially significant impacts to a level considered
less than significant. However, at this time there is no specific funding program or time frame to
implement the improvements. Because of the uncertainty then the improvements would occur,
the impacts to the Northbound SR-55 On-Ramp would be considered an unavoidable significant
impact.
Level of Significance of Impacts Related to Impacts To The State Route SR-55 Northbound On
-Ramp At MacArthur Boulevard.
The project traffic impacts at the SR-55 Northbound On-Ramp at MacArthur Boulevard cannot
be mitigated to below a level of significance.
4.1.5.3 Cumulative Impacts Related to Southbound State Route SR-55 Southbound On-Ramp At
MacArthur Boulevard
As described in Section 5.11 in the EIR, the long-term operation of the MacArthur Place South
project would result in significant adverse cumulative traffic impacts at the SR-55 Southbound
On-Ramp at MacArthur Boulevard.
Finding Related to Cumulative Impacts To The SR-55 Southbound On-Ramp at MacArthur
Boulevard
Specific economic, legal, social, technological or other considerations make infeasible the
mitigation measures or project alternatives identified in the Final EIR to reduce unavoidable
significant cumulative impacts to a level that would be less than significant.
Facts in Support of the Finding Related to Cumulative Impacts To The State Route SR-55
Southbound On-Ramp At MacArthur Boulevard
The proposed project would be required to contribute a fair share of funds for improvements to
the Southbound SR-55 On-Ramp to reduce potentially significant cumulative impacts to a level
considered less than significant. However, at this time there is no specific funding program or
time frame to implement the improvements. Because of the uncertainty then the improvements
would occur, the cumulative impacts to the southbound SR-55 On-Ramp would considered an
unavoidable significant cumulative impact.
Level of Significance ofImpacts Related to Impacts To The SR-55 Southbound On-Ramp At
MacArthur Boulevard.
The cumulative traffic impacts at the SR-55 Southbound On-Ramp at MacArthur Boulevard
cannot be mitigated to below a level of significance.
4.1.5.4 Cumulative Impacts Related to State Route SR-55 Northbound On-Ramp At MacArthur
Boulevard
Exhibit B
Page 13 of38
Page 13
758-41
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
As described in Section 5.11 in the EIR, the long-term operation of the MacArthur Place South
project would result in significant adverse cumulative traffic impacts at the SR-55 Northbound
On-Ramp at MacArthur Boulevard.
Finding Related to Impacts To The Northbound SR-55 On-Ramp at MacArthur Boulevard
Specific economic, legal, social, technological or other considerations make infeasible the
mitigation measures or project alternatives identified in the Final EIR to reduce unavoidable
significant cumulative impacts to a level that would be less than significant.
Facts in Support of the Finding Related to Cumulative Impacts To The Northbound State Route
SR-55 On-Ramp At MacArthur Boulevard
The proposed project would be required to contribute a fair share of funds for improvements to
the Northbound SR-55 On-Ramp to reduce potentially significant cumulative impacts to a level
considered less than significant. However, at this time there is no specific funding program or
time frame to implement the improvements. Because of the uncertainty then the improvements
would occur, the cumulative impacts to the northbound SR-55 On-Ramp would considered an
unavoidable significant cumulative impact.
Level of Significance ofImpacts Related to Impacts To The SR-55 Northbound On-Ramp At
MacArthur Boulevard.
The cumulative traffic impacts at the northbound SR-55 On-Ramp at MacArthur Boulevard
cannot be mitigated to below a level of significance.
4.2 POTENTIALLY SIGNIFICANT ADVERSE IMP ACTS OF THE CITY PLACE
PROJECT, WHICH CAN BE MITIGATED TO BELOW A LEVEL OF
SIGNIFICANCE
Potentially significant adverse impacts of the MacArthur Place South project, which can be
mitigated to below a level of significance are described in this Section. The City of Santa Ana
City Council finds that these potentially significant adverse impacts of the project would be
mitigated to below a level of significance, after implementation of the identified project
mitigation measures and or project enhancement measures
4.2.1 Impacts Related to Aesthetics
4.2.1.1 Potentially Significant Adverse Aesthetic Impacts Related to Light and Glare Impacts
Implementation of the proposed project would introduce additional sources oflight and glare.
Findings Related to Aesthetic Light and Glare Impacts
Mitigation measures and/or project enhancement measures have been incorporated into the
project, which avoid or substantially lessen the significant environmental effect as identified in
Exhibit B
Page 14 of38
758-42
Page 14
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
the EIR.
Facts in Support of the Finding Related to Aesthetic Light and Glare Impacts
Implementation of project enhancement measures A-1 and A-2, provided below, would
substantially lessen the adverse impacts of the MacArthur Place South project related to light and
glare impacts, to a level that would be less than significant.
A-1 Prior to issuance of building permits, the project developer shall ensure that the building
plans reflect the following information: outdoor lighting fixtures adjacent to exterior
doors and within walkways and parking lots shall generate a minimum 1.0 foot candle
level of light during normal operation hours. During non-operating hours outdoor lighting
fixtures shall generate no less than .25 foot candle level of light. All lighting shall be
directed towards the interior of the project site.
A-2 Prior to issuance of building permits, building plans for the proposed project shall reflect
the use of non-reflective building materials to minimize light and glare impacts.
Level of Significance of Impacts Related to Aesthetic Light and Glare Impacts
The adverse impacts of the MacArthur Place South project related to aesthetic light and glare
impacts would be mitigated to below a level of significance based on the implementation of
mitigation measures/project enhancement measures A-1 and A-2.
4.2.1.2 Potentially Significant Adverse Aesthetic Impacts Related to Visual Degradation of
Proi ect Area
The proposed project would reflect a contemporary architecture design. The design would be
consistent with the architectural design exhibited by existing buildings within the project area.
The proposed project includes a comprehensive landscape program to accent the architecture and
to soften views into the project site. The design of the proposed project with the proposed
landscape plan would not lead towards the visual degradation of the project area.
Findings Related to Visual Degradation Impacts
Mitigation measures and/or project enhancement measures have been incorporated into the
project, which avoid or substantially lessen the significant environmental effect as identified in
the EIR.
Facts in Support ofthe Finding Related to Visual Degradation Impacts
Implementation of project enhancement measures A-3 and A-4, provided below, would
substantially lessen the adverse impacts of the MacArthur Place South project related to visual
degradation impacts, to a level that would be less than significant.
Exhibit B
Page 15 of38
Page 15
758-43
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
A-3 Prior to the issuance of building permits, a Final Landscape Plan for each building
component of the project shall be approved by the City of Santa Ana Planning
Department. The Final Landscape Plan shall be based on the conceptual landscape plan
included in the EIR.
A-4 Prior to issuance of Certificate of Occupancy Permits, the required landscaping for each
building component of the project shall be installed to the satisfaction of the City of Santa
Ana Planning Department.
4.2.2 Impacts Related to Impacts To Aviation
Potentially Significant Adverse Impacts Related to Aviation
As discussed in Section 5.2 of the EIR, the proposed project is located within the John Wayne
Planning Area established by the Airport Environs Land Use Plan (AELUP) and would require
consistency finding with the AELUP.
Findings Related to impacts to Aviation
Mitigation measures and/or project enhancement measures have been incorporated into the
project, which avoid or substantially lessen the significant environmental effect as identified in
the EIR.
Facts in Support of the Finding Related to Impacts to Aviation
Implementation of project enhancement measures A V-1, A V-2, A V-3, and A V-4, provided
below, would substantially lessen the adverse impacts of the MacArthur Place South Place
project related to aviation, and would reduce this potentially significant adverse impact to below
a level of significance.
A V-1 Prior to the issuance of a building permit, the project developer shall provide the
Planning Manager plans that incorporate lighting and any other conditions in the manner
required by the FAA during the construction phase (e.g. for the cranes) and after
completion
A V -2 Pursuant to state law, prior to issuance of a certificate of a use and occupancy permit, the
project proponent shall provide evidence to the City of Santa Ana that a Notice of Airport
in the vicinity has been recorded on the deed for each residential unit and shall remain so
recorded so as long as the airport is in operation.
A V-3 AS required by the AELUP, prior to issuance of the certificate of use and occupancy, the
City shall ensure that the sales office for the residential unit posts a conspicuous sign
alerting potential buyers to the presence of the airport. The notice shall be in the same
language as the need notice.
A V-4 Prior to the issuance of a building permit, the project developer shall provide evidence to
Exhibit B
Page 16 of38
Page 16
758-44
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
the Planning Manager that an FAA "No Hazard" determination has been obtained for the
operation of the cranes. The project developer shall demonstrate compliance with any
conditions imposed by the FAA for this determination.
Level of Significance of Impacts Related to Aviation
The adverse impacts of the MacArthur Place South project related to aviation would be mitigated
to below a level of significance based on the implementation of project enhancement measures
A V-1, A V-2, A V-3 and A V-4, provided above.
4.2.3 Impacts Related to Geology and Soils
Potentially Significant Adverse Impacts Related to Geology and Soils
As discussed in Section 5.4 in the EIR, the MacArthur Place South project site is subject to
constraints that could affect the geotechnical stability of the project.
Findings Related to Geology and Soil Impacts
Mitigation Measures and/or project enhancement measures have been incorporated into the
project, which avoid or substantially lessen the significant environmental effect as identified in
the EIR.
Facts in Support of the Finding Related to Geology and Soil Impacts
Implementation of mitigation measures G-1, G-2, G-3, G-4, G-5, G-6, G-7 and G-8 would
substantially lessen the adverse impacts of the MacArthur Place South project related to geologic
and soil constraints on the project site, and would reduce this potentially significant adverse
impact to below a level of significance.
G-1 During grading operations special handling of on-site soils shall be required, due to the
high moisture content of the soils, which is well above optimum moisture conditions. The
City of Santa Ana shall monitor the grading contractor to ensure stabilization of the soils
during grading prior to placing and compacting fill soils over wet sub-grade soils, as
recommended in the geotechnical investigation prepared by Geotechnical Professionals,
Inc.
G-2 Prior to issuance of building permits, the project developer shall ensure that pile
foundations are incorporated into the project design to mitigate the potential settlement
hazards beneath the proposed buildings. Pile foundations shall be installed according to
the recommendations provided in the project geotechnical report.
G-3 Prior to issuance of building permits, the project developer shall ensure that the
subterranean portion of the structures is designed and installed to resist hydrostatic
pressure and be a water- proof barrier between the existing soils and subterranean portions
of the buildings. This design and installation shall be consistent with the recommendations
Exhibit B
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Page 17
758-45
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
provided in the project geotechnical report.
G-4 Prior to initiation of project grading, the project developer shall ensure that all existing
utilities will be relocated, abandoned and removed, rerouted, or protected in coordination
with the project developer and affected utility companies.
G-5 Prior to issuance of a grading permit for project construction, the project developer shall
ensure that a Final Geotechnical Report on the project site is prepared. All
recommendations from this Final Geotechnical Report shall be incorporated into the final
grading plan for the project.
G-6 Prior to issuance of building permits, the project developer shall ensure that all structures
on the site are designed in accordance with the seismic design provisions set forth in the
Final Geotechnical Report and the Uniform Building Code in order to promote safety in
the event of a seismic event.
G-7 Prior to issuance of grading permits, the project developer shall determine and
demonstrate to the City of Santa Ana that the foundation piles for the project would not
intrude into the Orange County groundwater basin. In the event the foundations intrude
into the groundwater basin, the project developer shall obtain approval and/or permits
from the Orange County Water District and the Regional Water Quality Control Board.
Any measures required by these agencies will be incorporated into the final design and
construction specifications for the project.
G-8 Prior to issuance of grading permits the project developer shall ensure that provisions set
forth in the Final Geotechnical Report regarding dust control measures during site
preparation, grading and construction are incorporated into the final construction
specifications for the project.
Level of Significance of Impacts Related to Geology and Soils
The adverse impacts of the MacArthur Place South project related to geology and soils would be
mitigated to below a level of significance based on implementation of measures G-1, G-2, G-3,
G-4, G-5, G-6, G-7 and G-8.
Potentially Significant Adverse Impacts Related to Hazards and Hazardous Materials
As discussed in Section 5.5, the construction and operation of the project could involve the
handling of incidental amounts of hazardous materials. Effluent water from dewatering
operations could result in adverse water quality impacts. Additionally, The potential exists that
buildings proposed for demolition could contain asbestos-containing building materials and lead
based paint.
Findings Related to Hazard and Hazardous Materials Impacts
Mitigation Measures and/or project enhancement measures have been incorporated into the
Exhibit B
Page 18 of38
Page 18
758-46
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
project, which avoid or substantially lessen the significant environmental effect as identified in
the EIR.
Facts in Support of the Finding Related to Hazard and Hazardous Material Impacts
Implementation of mitigation measures H-1, H-2, H-3, H-4 and H-5, provided below, would
substantially lessen the adverse impacts of the MacArthur Place South project related to Hazards
and Hazardous Materials impacts, and would reduce this potentially significant adverse impact to
below a level of significance.
H-1 Prior to issuance of Certificate of Occupancy permits, the project developer shall submit
to the City of Santa Ana CC&Rs for each residential project. The CC&Rs shall outline the
environmental awareness, conditions and Best Management Practices regarding the
handling and storage of hazardous materials as identified in the Water Quality
Management Plan for MacArthur Place South.
H-2 Prior to issuance of grading permits, the project developer shall provide proof to the City
of Santa Ana of an NPDES permit from the R WQCB for on-site dewatering activities.
H-3 The residential management companies shall ensure that post-construction Best
Management Practices (BMPs) are strictly adhered to by all building occupants and
tenants.
H-4 Prior to issuance of a demolition permit, the project developer shall prepare an asbestos
survey to determine the presence of asbestos containing building materials. The survey
shall be submitted to the City's Environmental Coordinator for review. If asbestos is
identified, proper precautions shall be taken during demolition in compliance with
California environmental laws, regulations and policies.
H-5 Prior to issuance of a demolition permit, the project developer shall prepare a lead paint
survey to determine the presence of lead based paint. The survey shall be submitted to the
City's Environmental Coordinator for review. If lead-paint or mercury is identified,
proper precautions shall be taken during demolition in compliance with California
environmental laws, regulations and policies.
H-6 Prior to issuance of grading permits, the project developer shall perform soil testing to
determine if soil to be excavated from the site will require off-site disposal. If the soil is
found to be contaminated, it will be properly disposed of in compliance with California
environmental laws, regulations and policies.
Level of Significance of Impacts Related to Hazards and Hazardous Material Impacts
The adverse impacts of the MacArthur Place South project related to hazards and hazardous
material impacts would be mitigated to below a level of significance based on implementation of
measures H-1, H-2, H-3, H-4 and H-5. .
Exhibit B
Page 19 of38
Page 19
758-47
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
4.2.4 Impacts Related to Hydrology and Water Quality
Potentially Significant Adverse Impacts Related to Hydrology and Water Quality
As discussed in Section 5.6, the construction and operation ofthe project could result in adverse
water quality impacts. Additionally, implementation of the project would change existing
drainage patterns.
Findings Related to Operational Interior Hydrology and Water Quality Impacts
Mitigation measures and/or project enhancement measures have been incorporated into the
project, which avoid or substantially lessen the significant environmental effect as identified in
the EIR.
Facts in Support of the Finding Related to Hydrology and Water Quality Impacts
Implementation of mitigation measures HW-1, HW-2, HW-3, HW-4, HW-5, HW-6, HW-7, HW-
8, HW-9, HW-10, and HW-11 provided below, would substantially lessen the adverse impacts of
the MacArthur Place South project related to Hydrology and Water Quality impacts, and would
reduce this potentially significant adverse impact to below a level of significance.
HW -1 Prior to occupancy of residential units, the proj ect developer shall ensure that CC7Rs for
the community homeowners associations are recorded specifying maintenance
responsibilities for all BMP s identified in the Water Quality Management Plan.
HW-2 Prior to issuance of a grading permit for the project, the project developer shall prepare
and submit a Notice of Intent (NOI) to the State Water Resources Control Board
(SWRCB). The developer will also submit the NOI and the project Water Discharge
identification Number (WDIN) provided by the SWRCB to the City of Santa Ana City
Engineer.
HW-3 During all site preparation, grading and construction, the project developer shall ensure
that the project contractor complies with all applicable requirements of the NPDES
permit, the Drainage Area Management Plan (DAMP), and the City's Local
Implementation Plan (LIP). BMP s from the DAMP and the LIP will be implemented by
the project contractors, as appropriate during site preparation, grading and construction.
HW-4 Prior to issuance of a grading permit, the project developer shall prepare a Final Storm
Water Pollution Prevention Plan (SWPPP). This plan shall be submitted and approved by
the City Engineer prior to initiation of any grading activity. The project shall maintain the
SWPPP on the construction site throughout the construction period.
HW-5 During all site preparation, grading and construction, the project developer shall ensure
that its contractor implements the provisions of the SWPPP.
HW-6 Prior to the issuance of grading permits, the project developer shall submit a Final Water
Exhibit B
Page 20 of38
Page 20
758-48
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
Quality Management Plan (WQMP) based on the Final Grading Plan, to be approved by
the City's Director of Public Works. The WQMP shall be consistent with the DAMP and
shall contain provisions and BMP s for construction and operation conditions.
HW-7 Prior to the issuance of building permits, the project developer shall pay the City's
drainage impact fee.
HW-8 Prior to the issuance of grading permits, the project developer shall verify that structural
BMP s have been permanently incorporated into project plans. Such BMP s shall ensure
that pollutants from project-related storm water runoff are mitigated consistently with
applicable state and local standards.
HW-9 Prior to issuance of grading permits, the project developer shall submit a final drainage
plan to the City identifying the exact size and location of drainage facilities.
HW-10Prior to issuance of grading permits, the project developer shall provide proof of an
NPDES permit from RWQCB to the City for onsite dewatering activities.
HW-llPrior to issuance of building permits for tenant improvements for restaurant uses, the
project developer shall ensure that the proposed restaurants are fitted with grease
interceptors to the size and capacity as designated by the City of Santa Ana Building
Division.
Level of Significance of Impacts Related to Hydrology and Water Quality
The adverse impacts of the MacArthur Place South project related to Hydrology and Water
Quality would be mitigated to below a level of significance based on the implementation of
mitigation measures HW-1, HW-2, HW-3, HW-4, HW-5, HW-6, HW-7, HW-8, HW-9, HW-10,
and HW-ll.
4.2.5 Impacts Related to Noise
Potentially Significant Adverse Impacts Related to Noise
As discussed in Section 5.8, the construction of the project would result in short-term noise
impacts. Additionally, during the operation of the project proposed residential uses would be
impacted with noise levels in excess of the City's General Plan noise standards.
Findings Related to Noise Impacts
Mitigation measures and/or project enhancement measures have been incorporated into the
project, which avoid or substantially lessen the significant environmental effect as identified in
the EIR.
Facts in Support of the Finding Related to Noise Impacts
Exhibit B
Page 21 of 38
Page 21
758-49
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
Implementation of mitigation measures N-1, N-2, N-3, and N-12 and project enhancement
measures N-4, N-5, N-6, N-7, N-8, N-9, N-10 and N-ll provided below, would substantially
lessen the adverse impacts of the MacArthur Place South project related to noise impacts, and
would reduce potentially significant adverse noise impact to below a level of significance.
N-1 Prior to issuance of building permits, building plans shall reflect the construction of noise
barriers around patios and balconies that are considered open space by the City of Santa
Ana. The barriers shall be constructed of materials that provide a surface density of at
least four pounds per square foot and shall be continuous (without gaps or gates). The
height of the barriers shall be sufficient to reduce the exterior noise level to a CNEL of 65
dB or less, and shall be determined by a qualified acoustical consultant as part of he final
engineering design of the project.
N-2 Prior to issuance of building permits, building plans shall specify the STC rating of
windows and doors for all residential uses. Window and door ratings shall be sufficient to
reduce the interior noise level to a CNEL of 45 dB or less, and shall be determined by a
qualified acoustical consultant as part of the final engineering design of the project.
N-3 Prior to building occupancy, mechanical ventilation shall be installed at the proposed
condominiums and residential towers since the interior CNEL standard of 45 dB is to be
met with all windows and doors closed.
N-4 Prior to building occupancy, to the extent possible, all equipment shall be enclosed within
a building or separate structure. Where this is not possible, barriers may be necessary to
shield the equipment from the existing and proposed residential buildings. Depending on
the size and style of the equipment, silencers in the intake and exhaust ducts may also be
necessary to reduce noise at the residential buildings to an acceptable level.
N-5 Upon project completion, truck deliveries to the restaurant and the retail building shall be
restricted to the hours of 7:00 a.m. to 10:00 p.m. Delivery trucks shall not be permitted to
idle in the parking lots or loading areas and shall be required to have properly maintained,
factory approved mufflers. Delivery truck drivers shall be encouraged to minimize
acceleration and maintain reduced vehicle speeds while onsite.
N-6 Demolition and construction plans for the proposed project shall reflect the following
note: "During demolition and construction, the contractor shall adhere to all City Noise
Ordinance requirements to limit all construction activity, including equipment start-up, to
between the hours of 7:00 a.m. and 8:00 p.m. Mondays through Saturdays. No
construction shall take place on Sundays or federal holidays.
N-7 During demolition and construction, the contractor shall site all construction staging and
storage areas away from sensitive receptors to the furthest extent possible.
N-8 During construction activities, the project developer shall ensure that all pile driving
equipment shall be enclosed on all sides with an acoustical blanket barrier that provides a
minimum sound transmission class (STC) rating of 30. The height of the blanket
Exhibit B
Page 22 of38
Page 22
758-50
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
enclosure shall be at least 20- feet. With the exception of points of access to the enclosure
area, there shall be no openings or gaps in the enclosure, and all points of access are to
remain closed during pile driving activities. No pile driving activity shall occur before
8:00 a.m. on Saturdays.
N-9 Prior to issuance of grading or demolition permits, the project developer shall submit a
construction equipment staging plan to the City of Santa Ana for approval.
N-10 Prior to the start of construction activity, the project developer shall post the name and
telephone number of the construction relations officer on-site.
N-11 Prior to any site preparation, grading or construction, the project contractor shall provide
to residences in the Sandpointe neighborhood, the Main Attraction Condominiums and
the Pinnacle Apartments a project schedule indicating the type of construction activity
and duration, construction staging areas and the name and telephone number of the
construction relations officer.
N-12 Prior to issuance of occupancy permits, the project developer, at the project developers
sole expense, shall conduct a noise monitoring analysis to ensure that residential units
achieve an interior noise level of 45 dB CNEL. The analysis shall be conducted by a
qualified acoustical consultant and shall be submitted to the City's Building and Planning
Agency for review.
Level of Significance of Impacts Related to Noise Impacts
The adverse impacts of the MacArthur Place South project related to noise impacts would be
mitigated to below a level of significance based on implementation of mitigation measures N-l,
N-2, N-3, N-4, N-5, N-6, N-7, N-8, N-9, N-9, N-10, N-ll and N-12.
4.2.5 Impacts Related to Public Services
Potentially Significant Adverse Impacts Related to Public Services
As discussed in Section 5.10 of the EIR, implementation of the MacArthur Place South proj ect
would increase the demand for police service, fire service, schools, and parks. Without adequate
coordination impacts to public services could be significant.
Findings Related to Impacts on Public Services
Mitigation measures and/or project enhance measures have been incorporated into the project,
which avoid or substantially lessen the significant environmental effect as identified in the EIR.
Facts in Support of the Finding Related to Impacts on Public Services
Implementation of mitigation measures PS-1, PS-2, PS-3, PS-4, PS-5, PS-6, PS-7, PS-8, and PS-
9 provided below, would substantially lessen the adverse impacts of the MacArthur Place South
Exhibit B
Page 23 of 38
758-51
Page 23
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
project related to public services and would reduce this potentially significant adverse impact to
below a level of significance.
PS-1 Prior to issuance of a building permit, the project developer shall coordinate any required
relocation of fire hydrants on the property with Santa Ana Fire Department. Final
approval from the Fire Department is required regarding location of hydrants on the
project site.
PS-2 Prior to issuance of a grading permit, the project developer shall submit building plans to
the Santa Ana Police Department in order to ensure compliance with the City of Santa
Ana's Building Security Ordinance. The Police Department must approve the building
plans with regard to the Building Security Ordinance prior to initiation of grading.
PS-3 Prior to issuance of a building permit, the project developer shall prepare a Mandated
Security Plan, which would need final Police department approval. The plan is required
to address issues such as onsite uniform security staffing, restriction of hours of operation
for the parking garages, implementation of electronic security, mechanical surveillance,
and compliance with the basic principles of Crime Prevention Through Environmental
design.
PS-4 Prior to issuance of a building permit, the project developer shall comply with Senate Bill
50 and pay applicable school impact fees. Currently, the Santa Ana Unified School
District's adopted Fee Justification for residential development is $2.14 per square foot
and $0.33 per square foot for commercial development.
PS-5 Prior to issuance of a building permit, the project developer shall ensure that the
appropriate park Acquisition and Development Fee and parkland dedication or in-lieu
payments have been made.
PS-6 Prior to issuance of building permits, the project developer shall submit a Construction
Phasing Plan to Santa Ana Fire Department. The plan must be consistent with the Fire
Department Fire Code requirements and must show that emergency access to the
construction site is adequate.
PS-7 Prior to issuance of building permits, the project developer shall provide evidence to the
Santa Ana Fire Department that the proposed fire protection and life saving systems
incorporated in the project are adequate.
PS-8 Prior to issuance of building permits, the project developer shall submit the final design
of the project, including fire sprinklers system design to the Santa Ana Fire Department
for approval.
PS-9 Prior to issuance of building permits, the project developer shall coordinate with the
Santa Ana Fire department and the Santa Ana Police Department regarding possible radio
interference and installation of radio repeaters on a tower rooftop.
Exhibit B
Page 24 of38
Page 24
758-52
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
Level of Significance of Impacts Related to Public Services
The adverse impacts of the MacArthur Place South project related to public services would be
mitigated to below a level of significance based on implementation of measures PS-l, PS-2, PS-
3, PS-4, PS-5, PS-6, PS-7, PS-8 and PS-9.
4.2.6 Impacts Related to Traffic and Transportation
As discussed in Section 5.11 of the EIR, implementation of the MacArthur Place South project
would result in Year 2007 project related traffic impacts at the intersection Main
Street/Sunflower, Hutton Centre DriveIMacArthur Boulevard, Hutton Centre Drive/Hutton
Centre Loop, and the segment of MacArthur Boulevard between Hutton Centre Drive/Imperial
Promenade and the SR 55 Northbound and Southbound On-Ramps. Additionally, the project
would result in additional parking demands within MacArthur Place South and the potential
exists that project traffic could intrude into the Sandpointe Neighborhood.
Findings Related to Traffic and Transportation Impacts
Mitigation measures and/or project enhancement measures have been incorporated into the
project, which avoid or substantially lessen the significant environmental effect as identified in
the EIR.
Facts in Support of the Finding Related to Traffic and Transportation Impacts
Implementation of mitigation measures T-l, T-3, T-4, T-5, T-8, T-9 and T-lO would
substantially lessen the adverse impacts of the MacArthur Place South project related to project
related traffic and transportation impacts and would reduce potentially significant adverse
impacts to below a level of significance.
T -1 Prior to issuance of building occupancy permits, the project developer in cooperation
with the City of Santa Ana, shall provide for the restripping of the outside southbound
through lane at the intersection of Main Street and Sunflower to a shared through and
right turn lane.
T -3 Prior to issuance of building occupancy permits, the project developer in cooperation
with the City of Santa Ana, shall provide for the restripping the shared through right-turn
lane at Hutton Centre Drive and MacArthur Boulevard to provide an exclusive through
lane and construct a second northbound right turn lane for the northbound traffic.
T-4 Prior to issuance of building occupancy permits, the project developer shall pay for the
construction of a third eastbound through lane on MacArthur Boulevard between Hutton
Centre Drive/Imperial Promenade and the Sr-55 northbound on-ramp.
T-5 Prior to the issuance of building occupancy permits, the project developer in cooperation
with the City of Santa Ana, shall provide for the installation of a traffic signal at Hutton
Centre Drive and Hutton Centre Loop.
Exhibit B
Page 25 of38
758-53
Page 25
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
T-8 Prior to issuance of building occupancy permits, the project developer shall pay for the
construction of a forth eastbound lane on MacArthur Boulevard between Hutton Centre
Drive/Imperial Promenade and the Sr-55 southbound on-ramp
T -9 Prior to issuance of building occupancy permits, the project developer shall contribute
$200,000 for the City of anta Ana to prepare a neighborhood traffic study to assess any
intrusion of project traffic into the Sandpointe Neighborhood. If traffic intrusion is
attributable to the project, corrective measures could include forced-turn channelization,
semi-diverters, diagonal diverters and cul-de-sacs.
T -10 Prior to issuance of building occupancy permits, the project developer shall develop a
parking plan in cooperation with the City of Santa Ana to ensure that parking needs are
met.
Level of Significance of Impacts Traffic and transportation
The adverse impacts of the MacArthur Place South project related to project traffic and
transportation impacts would be mitigated to below a level of significance based on
implementation of mitigation measures T-1, T-3, T-4, T-5, T-8, T-9 and T-10.
4.1.5 Cumulative Impacts Related to Traffic and Transportation
Potentially Significant Cumulative Adverse Impact Related to Traffic and Transportation
As discussed in Section 5.11 of the EIR, implementation of the MacArthur Place South project
would result in Year 2025 cumulative traffic impacts at the intersection Main Street/Sunflower.
Finding Related to Traffic and Transportation Impacts
Mitigation measures and/or project enhancement measures have been incorporated into the
project, which avoid or substantially lessen the significant environmental effect as identified in
the EIR.
Facts in Support of the Finding Related to Traffic and Transportation Impacts
Implementation of mitigation measures T -2 would substantially lessen the adverse impact of the
MacArthur Place South project related to cumulative traffic and transportation impacts and
would reduce the potentially significant adverse impact to below a level of significance.
T -2 Prior to issuance of building occupancy permits the project developer shall pay a fair-
share contribution for restripping a second eastbound right-turn lane a the intersection of
Main Street and Sunflower in order to achieve LOS D for 2025.
Level of Significance of Impacts Related to Traffic and Transportation
Exhibit B
Page 26 of38
Page 26
758-54
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
The adverse impacts of the MacArthur Place South project related to cumulative traffic and
transportation impacts would be mitigated to below a level of significance based on
implementation of mitigation measures T-2.
4.2.5 Impacts Related to Utilities and Service Systems
Potentially Significant Adverse Impacts Related to Utilities and Service Systems
As discussed in Section 5.12 of the EIR, implementation of the MacArthur Place South project
would increase the demand for utilities and service systems. Without adequate coordination
impacts to utilities and service systems could be significant.
Findings Related to Impacts on Utilities and Service Systems
Mitigation measures and/or project enhancement measures have been incorporated into the
project, which avoid or substantially lessen the significant environmental effect as identified in
the EIR.
Facts in Support of the Finding Related to Impacts on Public Services
Implementation of mitigation measures U-l, U-2, U-3, U-4, U-5, U-6, U-7, U-8, and U-9
provided below, would substantially lessen the adverse impacts of the MacArthur Place South
project related to public services and would reduce this potentially significant adverse impact to
below a level of significance.
U-1 Prior to issuance of grading permits, the project developer shall coordinate with SCE to
determine the exact location of all underground and overhead electrical facilities. All
electrical facilities and associated structures to be left on the project site shall be
protected from damage.
U-2 Prior to issuance of grading permits, the project developer shall ensure that grading plans
reflect the under grounding of utility lines serving the proposed project.
U-3 Prior to issuance of grading permits, the project developer shall coordinate with Southern
California Gas to determine the exact location of all underground natural gas facilities.
All gas pipelines and associated structures to be left on the project site must be protected
from damage.
U-4 Prior to issuance of grading permits, the project developer shall coordinate with Adelphia
Communications to determine the exact location of all underground cable facilities. The
developer shall protect all existing cable lines and associated structures to be left on the
project site for damage.
U-5 Prior to issuance of grading permits, the project developer shall coordinate with SBC
Communications (formerly Pacific Bell) to determine the exact location of all
underground telephone facilities. The developer shall protect all existing telephone lines
Exhibit B
Page 27 of38
758-55
Page 27
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
and associated structures to be left on the project site from damage.
U-6 Prior to issuance of grading permits, the project developer shall demonstrate to the City
of Santa Ana that construction-related waste generated on-site would be recycled
wherever feasible as the first choice of disposal method, leaving the option of landfill
disposal as a last alternative. The proposed commercial uses shall incorporate facilities
for collection and pick-up of recyclable materials into the design of the project.
U-7 Prior to issuance of grading permits, the project developer shall coordinate with the Santa
Ana Water Division to determine the exact location of all existing underground water
supply facilities and take action to prevent damage to these facilities to be left on the
project site or interfere with their operation. The project developer shall pay their fair
share amount for the necessary facilities to accommodate project-related water supplies.
U-8 Prior to issuance of building permits, the existing 8-inch sewer line along Hutton Centre
Drive, north ofSandpointe Avenue shall be replaced with a new lO-inch sewer line.
U-9 Prior to issuance of grading permits, the project developer shall coordinate with Waste
Management on the type and location of facilities needed to provide solid waste disposal
service to the project site.
Level of Significance of Impacts Related to Utilities and Service Systems
The adverse impacts of the MacArthur Place South project related to utilities and service systems
would be mitigated to below a level of significance based on implementation of measures U-l,
U-2, U-3, U-4, U-5, U-6, U-7, U-8 and U-9.
4.3 IMP ACTS FOUND NOT TO BE SIGNIFICANT OR LESS THAN SIGNIFICANT
The City finds that, based on substantial evidence in the record, discussed below, the following
impacts associated with the MacArthur Place South project are less than significant and no
mitigation is required. Additionally, the City finds, as set forth in Sections 4.1 (Potentially
Significant Adverse Impacts of the City Place Project Which Cannot Be Mitigated to Below a
Level of Significance) and 4.2 (Potentially Significant Adverse Impacts of the City Place Project
Which Can Be Mitigated to Below a Level of Significance), above, no other potentially
significant adverse project specific impacts of the proposed project are anticipated to occur.
An Initial Study (IS) was completed at the beginning of the environmental review process for the
proposed project, to identify those impacts that could be potentially significant and adverse and
which required further study in an EIR. The IS also provided analysis on the environmental
impacts of the project that were determined to be less than significant due to the identification
and incorporation of mitigation early in the process or based on compliance with existing
regulations. The findings of the IS are summarized in Section 2.7 (Effects Found Not to be
Significant) in the EIR.
The EIR and IS determined, based on substantial evidence in the record, that the following
Exhibit B
Page 28 of 38
Page 28
758-56
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
effects of the project would have no significant adverse or no adverse impact on the
environment.
4.3.1 Agriculture
Based on the analysis summarized in Section 2.7 in the EIR, the MacArthur Place South project
site is developed with urbanized land uses and void of any agriculture resources. Therefore, the
MacArthur Place South project would not result in adverse impacts related to agriculture
resources. No mitigation is required.
4.3.2 Air Quality
Based on the analysis summarized in Section 2.7 in the EIR, the construction process for the
project could produce objectionable odors, but the effects would be short-term and would affect
a small amount of persons. Therefore, the MacArthur Place South project would not result in
significant adverse impacts related to odors. No mitigation is required.
4.3.3 Cultural Resources
Based on the analysis summarized in Section 2.7 in the EIR, there are no historical, archeological
or paleontological resources on the project site. Therefore, the MacArthur Place South project
would not result in significant adverse impacts related to currently known and recorded historic,
prehistoric and archeological resources. No mitigation is required.
4.3.5 Hydrology and Water Quality
Based on the analysis summarized in Section 2.7 in the EIR, the project would not interfere with
groundwater recharge because the project area is not located in an area that is known to recharge
the groundwater system, additionally, the project site is not located within a 100-year flood plain.
Therefore, the MacArthur Place South project would not result significant adverse impacts to
underground water supplies and flooding. No mitigation is required.
4.3.6 Transportation and Circulation
Based on the analysis summarized in Section 2.7 in the EIR, the proposed project will not result
in significant adverse impacts related to traffic safety hazards, emergency access constraints or
be in conflict with adopted policies supporting alternative modes of transportation patterns. No
mitigation is required.
4.3.7 Land Use
Based on the analysis summarized in Section 2.7 and analyzed in Section 5.7 of the EIR, the
proposed project would be consistent with the General Plan, with approval of the zone change
the project would not be in conflict with the zoning ordinance. Additionally, the project would
not result in significant adverse impacts related to division of an established community or
impacts to any habitat conservation plan. No mitigation is required.
Exhibit B
Page 29 of 38
Page 29
758-57
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
4.3.11 Population and Housing
Based on the analysis in Section 5.9 in the EIR, the increased housing units and population
associated with the project would not be in conflict with the City's growth projects, nor would
the project displace existing residential uses. No mitigation is required.
4.3.12 Geology
Based on the analysis summarized in Section 2.7 in the EIR, there is known earthquake faults,
landslides or unique geologic features on the project site, nor would the proposed project
involves the use of alternative wastewater or septic systems. No mitigation is required.
4.3.13 Biological Resources
Based on the analysis summarized in Section 2.7 in the EIR, the MacArthur Place South project
would not result in significant adverse impacts related to biological resources, threatened and
endangered species, wetlands or habitat conservation plans. No mitigation is required.
4.3.15 Mineral Resources
Based on the analysis summarized in Section 2.7 in the EIR, the project site does not contain any
mineral resources. No mitigation is required.
5.0 MITIGATION MONITORING PROGRAM
When making findings, CEQA requires that a lead agency must adopt a reporting or monitoring
program for the changes to the project that it has adopted or made a condition of project approval
in order to ensure compliance during project implementation. The Mitigation Monitoring
Program (MMP) for the MacArthur Place South project, accompanying the Final EIR, is
designed to serve this purpose for the mitigation measures identified in the Final EIR. The MMP
requires the City to monitor mitigation measures designed to reduce or eliminate significant
adverse project impacts, as well as those mitigation measures designed to reduce environmental
impacts that are less than significant. The MMP includes all mitigation measures identified in
the Final EIR and has been designed to ensure compliance during implementation of the project.
The City finds that the impacts of the project have been mitigated to the extent feasible by the
mitigation measures identified in the Final EIR and the MMP. The City adopts the MMP for the
MacArthur Place South project. The MMP designates responsibility and the anticipated timing
for the implementation of mitigation measures and conditions within the jurisdiction of the City
of Santa Ana. That MMP is hereby adopted and its implementation is made a condition of
Exhibit B
Page 30 of 38
Page 30
758-58
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
approval of the City Place project.
The City approves and will implement all the mitigation measures in the Final EIR.
6.0 ALTERNATIVES
An EIR prepared pursuant to CEQA and the CEQA Guidelines must describe and comparatively
evaluate a range of alternatives to the proposed project (Section 15126.6 of the CEQA
Guidelines). Analysis of every possible alternative or options or combination of options would
overburden the EIR with an unnecessary amount of detail that would be redundant and complex
and would, as a result, fail to provide meaningful information for the City to consider in its
review of the project. To develop alternatives that are analyzed in the EIR, a list of potential
alternatives was prepared. For this analysis, the project alternatives were evaluated to determine
the extent to which they meet the basic project objectives, while avoiding or substantially
lessening any significant adverse impacts of the proposed project. Those alternatives, which met
the basic objectives and avoided or lessened adverse project impacts, were advanced for further
evaluation in the EIR. Those alternatives, which did not meet the basic objectives or which did
not lessen adverse project impacts, were not advanced in the EIR for further evaluation.
6.1 ALTERNATIVES CONSIDERED BUT NOT ADVANCED IN EIR FOR FURTHER
EVALUATION
Potential alternatives to the MacArthur Place South project were considered by the City but were
not advanced for further evaluation in the EIR. The alternatives failed to carry out the goals and
objectives of the proposed project. The reasons the alternatives were not advanced are described
in the following Sections.
6.1.1 Alternative Location
Because the City of Santa Ana is nearly built out, very little opportunity exists for an alternative
site to be developed that meets the same or similar goals and objectives for housing, employment
and commercial uses. The proposed project site meets the City's General Plan, District Center,
and redevelopment goals and objectives. No other land in the South Main Redevelopment Plan
area or Enterprise Zone is available for the scope of the proposed project.
6.1.2 Three Office Towers in Lieu of Three Residential Towers
The County of Orange has been classified as ajobs rich area. The proposed project addresses the
need for additional housing, with the additional benefit of providing office and commercial retail
uses. This alternative would create more significant impacts not anticipate with the proposed
project, while not avoiding impacts identified with the project as proposed.
6.1.3 Commercial Retail Center at a Floor-Area Ratio of .5
This alternative would not meet the need for additional housing in jobs rich Orange County. The
Exhibit B
Page 31 of38
Page 31
758-59
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
FAR established for the project site is 1.0, and the project proposes an FAR of .75. The reduced
intensity utilizing a .5 FAR could lessen some impacts identified with the proposed project while
creating new or increased impacts in other areas. However, the City's goals and policies related
to the General Plan Land Use Element and District Center designation for a mixed-use site
would not be met with this alternative.
6.2 ALTERNATIVES ADVANCED FOR FURTHER EVALUATION IN THE EIR
6.2.1 No Project/Existing Conditions Alternative
The No Project Alternative assumes that the project would not be built, as described in the EIR.
Existing land uses on the project site would remain and no additional development would occur.
As shown on Table 1, under the No Project Alternative the majority impacts would be less
compared to the proposed project. However, the No Project Alternative would be incapable of
attaining most of the basic project objectives. Without any additional development on the site,
the City's General Plan vision of a mixed-use project within MacArthur Place South would not
be realized.
6.2.2 Reduction in Height of Buildings to 204 Feet Above Mean Sea Level
The Reduced Building Height Alternative would reduce the height of the proposed towers to 204
feet above mean sea level, The buildings would have a height of 160 feet and would likely
consist of l6-stories. The reductions in building height would result in the loss 171 to 225
dwelling units. As shown on Table 1, under the Reduced Building Height Alternative, impacts
associated with traffic, air quality, noise and aesthetics would be reduced. However, most of the
other impacts such as aviation, geology, hazards, hydrology would remain the same.
Additionally, under the Reduced Building Height Alternative, the City would not be able to
completely attain the project objectives. The maximum residential densities permitted on the
project site by the General Plan would not be achieved and the scale of the buildings would not
establish MacArthur Place South as a high intensity mixed use project and gateway to the City,
as envision in the General Plan.
6.2.3 Build Out Project Under Existing Zoning
The Build Out Project Under Existing Zoning Alternative would provide for the development of
a project that was evaluated in a previously prepared Mitigated Negative Declaration. A 162-
room hotel, 31,122 square feet of retail and restaurant uses and a LA Fitness health club would
be developed. The existing cinema would be removed but the existing National Sports Grill
would remain. As shown on Table 1, under the Existing Zoning Alternative, impacts associated
with aesthetics, geology, hazards, land use and recreation would be reduced. Impacts to air
quality, noise, population/housing, and traffic would increase. The Existing Zoning Alternative
would not meet the objectives of the project to provide a mixed-use project, to provide a wide
range of housing opportunities and to improve the jobs to housing ratio in the City.
6.2.4 Proposed Project Without Cinema Tower
The Without Cinema Tower would eliminate the Cinema Tower component of the project. All of
Exhibit B
Page 32 of38
Page 32
758-60
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
the remaining components of the proposed project would remain. Without the Cinema Tower,
the amount of residential uses for the project would be reduced, by 154 dwelling units. As shown
on Table 1, under the Without Cinema Tower Alternative, impacts associated with aesthetics, air
quality, noise, public services and transportation would be less. Impacts to aviation, geology,
hazards, hydrology, land use, utilities and recreation would be the same. Impacts to
population/housing would be greater. The Without Cinema Tower Alternative would not
maximize mixed-use development opportunities on the project site, but it would attain all of the
project objectives.
6.4 COMPARISON OF IMPACTS
Table 1 compares the unavoidable adverse impacts of the MacArthur Place South project with
the No Project Alternative, Reduced Building Height Alternative, Existing Zoning Alternative
and Without Cinema Tower Alternative.
Table 1
MacArthur Place South and Project Alternative Impact Comparison
MacArthur Place Reduced Existing Without
Impact Category No Project Cinema
South Project Building Height Zoning Tower
Aesthetics Unavoidable Less Than Less Than Less Than Less Than
Significant MacArthur MacArthur Place MacArthur MacArthur
Impacts in regards Place South South Project Place South Place South
to Height and Project. Project. Proj ect
Mass of structures
and shade and
Shadow
Aviation Less Than Less Than Equal to Equal to Equal to
Significant Impact MacArthur MacArthur Place MacArthur MacArthur
with Incorporation Place South South Project Place South Place South
of Mitigation Project. Proiect Proiect
Air Quality Unavoidable Less Than Less Than Greater Than Less Than
Significant MacArthur MacArthur Place MacArthur MacArthur
construction Place South South Project. Place South Place South
related, Long Project. Project Project.
Term Operation
and Cumulative
Impacts
Geology Less than Less Than Equal to Less Than Equal to
significant impact MacArthur MacArthur Place MacArthur MacArthur
with Incorporation Place South South Project Place South Place
of Mitigation Project. Project. South
Project
Hazards Less than Less Than Equal to Less Than Equal to
significant impact MacArthur MacArthur Place MacArthur MacArthur
with Incorporation Place South South Project Place South Place
of Mitigation Project. Project. South
Project
Exhibit B
Page 33 of 38
Page 33
758-61
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
MacArthur Place Reduced Existing Without
Impact Category No Project Cinema
South Project Building Height Zoning Tower
Hydrology Less than Greater Than Equal to Equal to Equal to
Significant MacArthur MacArthur Place MacArthur MacArthur
Impacts With Place South South Project Place South Place
Incorporation of Project Project South
Mitigation Proiect
Land Use Less than Greater Than Greater Than Less Than Equal to
Significant MacArthur MacArthur Place MacArthur MacArthur
Place South South Project Place South Place
Project Project. South
Proiect
Noise Less Than Less Than Less Than Greater Than Less Than
Significant Impact MacArthur MacArthur Place MacArthur MacArthur
With the Place South South Project. Place South Place South
Incorporation of Project. Project Project.
Mitigation
Population/Housing Less than Greater Than Greater Than Greater Than Greater
Significant Impact MacArthur MacArthur Place MacArthur Than
Place South South Project Place South MacArthur
Project Project Place South
Proiect
Public Services Less than Less Than Equal to Equal to Less Than
significant Impact MacArthur MacArthur Place MacArthur MacArthur
with Incorporation Place South South Proj ect Place South Place South
of Mitigation Proiect. Proiect Proi ect.
Traffic Unavoidable Less Than Less Than Greater Than Less Than
Significant MacArthur MacArthur Place MacArthur MacArthur
Impacts to SR-55 Place South South Project. Place South Place South
Southbound and Project. Project Project.
Northbound
Ramps
Utilities Less Than Equal to Equal to Equal to Equal to
Significant MacArthur MacArthur Place MacArthur MacArthur
Impacts with Place South South Project Place South Place
Incorporation of Project Project South
Mitigation Proiect
Recreation Less Than Equal to Equal to Less Than Equal to
Significant Impact MacArthur MacArthur Place MacArthur MacArthur
Place South South Project Place South Place
Project Proj ect. South
Project
6.5 ENVIRONMENT ALLY SUPERIOR AL TERNA TIVE
Of the alternatives evaluated, the No Project Alternative would be the most successful at
reducing the level of significant impacts associated with the MacArthur Place South project.
Therefore, the No Project Alternative is the Environmentally Superior Alternative although it
would not meet project objectives as discussed earlier in the analysis of that alternative. Section
15126.6(e)(2) of the CEQA Guidelines requires the identification of an additional feasible
environmentally superior alternative when the No Project Alternative is selected as the
Exhibit B
Page 34 of 38
Page 34
758-62
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
Environmentally Superior Alternative.
Many of the environmental impacts of the MacArthur Place South project are related to the size
of structures or intensity of the development. In general, projects with higher development
intensity would generally result in more adverse impacts compared to alternatives with a lower
intensity of development. As shown in Table 1, The Project Without the Cinema Tower
Alternative would result in a reduction of 154 dwelling units. Potential traffic impacts, air quality
impacts and noise impacts would be less adverse compared to the proposed project. Additionally,
the Project Without the Cinema Tower Alternative would result in less shade and shadow
impacts on adjacent residential uses. Therefore, the Project Without the Cinema Tower
Alternative would be considered the environmentally superior alternative.
7.0 STATEMENT OF OVERRIDING CONSIDERATIONS
Section 15093(b) of the CEQA Guidelines provides that when the decision of a public agency
results in the occurrence of significant adverse impacts that are identified in the Final EIR but are
not substantially mitigated, the agency must state in writing the reasons to supports its actions
based on the Final EIR and/or other information in the record.
The City of Santa Ana has considered the benefits of the MacArthur Place South project against
its unavoidable adverse environmental impacts and has determined that the benefits the City
would realize through the development of the MacArthur Place South project would outweigh
the unavoidable significant adverse environmental impacts of the project. Additionally, the City
has determined that the benefits of the MacArthur Place South project would outweigh the
benefits of reduced environmental effects associated with the Without Cinema Tower
Environmentally Superior Alternative. Each of the separate benefits of the project, as stated
below, is determined to be, unto itself and independent of other project benefits, and a basis for
overriding all unavoidable adverse impacts identified in these Findings. The reasons for the
approval of the project despite the occurrence of significant unavoidable adverse impacts related
to aesthetics, short-term, long-term and cumulative air quality, and surface transportation are:
(a) The MacArthur Place South project is consistent with the General Plan. The level of
air quality and traffic impacts associated with the MacArthur Place South project
were anticipated in the Environmental Impact Report for the General Plan, for which
a Statement of Overriding Consideration was adopted. The proposed MacArthur
Place South project would not result in more severe air quality impacts and traffic
impacts than what was projected in the General Plan EIR.
(b) The development of a mixed-use project at MacArthur Place South would help to
reduce vehicle miles traveled through the project area, thus helping to minimize air
quality and traffic impacts.
(c) The EIR has identified feasible mitigation to reduce significant impacts to the State
Route-55 Southbound and Northbound On-Ramps to a level that would be less than
significant. The project would contribute fair share funds for improvements to the on-
ramps and when in time a program is established for the improvements to be
Exhibit B
Page 35 of 38
758-63
Page 35
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
implemented the project impacts would be less than significant.
(d) The General Plan envisions a high intensity mixed-use development within
MacArthur Place. The size and mass of structures proposed for the MacArthur Place
South project would be consistent with the vision of the General Plan.
(e) Approval of the MacArthur Place South project would bolster the economic and
social health of the southernmost part of the City of Santa Ana by providing high
quality residential and commercial land uses in the project area, thereby improving
the City's economic health, and housing stock.
(f) The MacArthur Place South project would allow the City to achieve the following
project objectives, which would benefit the City of Santa Ana. The project would:
· Provide a mixed-use project that provides residential uses, supporting
commercial uses and on-site recreational facilities within the southeastern
area of the City.
· Provide for sale high-rise residential dwellings in a range of product types
that appeal to a wide range of market segments.
· Help meet the City's Land Use Element Policy of providing high-density
residential development within the City's District Centers as part of master
planned mixed-use development.
· Help achieve the goals and objectives of the City's Redevelopment
Agency for the South Main Street Redevelopment Project Area.
· Provide new housing opportunities to improve the jobs-to-housing ratio in
the City of Santa Ana.
· Fulfill the General Plan objective of concentrating high intensity high rise
projects such as this in an existing urban setting, as opposed to displacing
lower density (and possibly low income) housing to accommodate this
growth premise.
(g) There are no alternative sites in the City that are suitable for the MacArthur Place South
project and that would meet the objectives of the project.
(h) Implementation of the Without Cinema Tower Environmentally Superior Alternative
would result in 154 fewer residential units and would have a lesser impact on the
project's objective of improving the City's job-housing ratio and providing a range of
housing types for a wide range of the market segment.
(i) Implementation of the Without Cinema Tower Environmentally Superior Alternative
would result in a project that is far short of the General Plan objective of 90 dwelling
Exhibit B
Page 36 of 38
Page 36
758-64
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
units per acre for MacArthur Place South.
(j) Implementation of the Without Cinema Tower Environmentally Superior would result I a
project that would not have the scale of the urban form envision MacArthur Place District
Center.
(k) The Without Cinema Tower Environmentally Superior Alternative would result in 154
fewer residential units and would make the project less economically viable.
For the reasons stated above, and based on substantial evidence in the record before it, the City
finds that the unavoidable adverse impacts of the MacArthur Place South project related to
aesthetics, short-term, long-term and cumulative air quality and surface transportation are
acceptable and, furthermore, finds that the benefits of the project outweigh its unavoidable
adverse environmental impacts.
8.0 RECORD OF PROCEEDINGS
Various documents and other materials constitute the record of proceedings on which the City of
Santa Ana bases its Findings and decisions contained herein. Most documents related to this
Final EIR are located at the City of Santa Ana, Planning and Building Department, 20 Civic
Center Plaza, Santa Ana, California, 92702. Some documents included in the record of
proceedings may also be located at the offices of consultants retained by the City for this project.
9.0 SUMMARY
1. Based on the foregoing Findings and the information contained in the record, the City of
Santa Ana has made one or more of the following findings with respect to each significant
adverse impact of the proposed project, as identified in the Final EIR:
· Mitigation measures and/or project enhancement measures have been incorporated into
the project which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
· Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such
other agency or can and should be adopted by such other agency.
· Specific economic, legal, social, technological or other considerations, make infeasible
mitigation measures or project alternatives identified in the Final EIR to reduce
unavoidable significant impacts to a level that would be less than significant.
2. Based on the Findings stated herein and information contained in the record, it is hereby
determined that:
a. All significant adverse impacts on the environment due to the approval of the project
have been eliminated or substantially lessened where feasible.
Exhibit B
Page 37 of38
Page 37
758-65
MacArthur Place South Findings and Facts in Support of Findings
Environmental Impact Report
b. Any remaining significant adverse impacts on the environment found unavoidable are
acceptable due to the factors described in the Statement of Overriding Considerations in
Section 7.0, above.
10. APPROVALS
The City hereby takes the following actions:
1. The City has certified the Final EIR for the project, as described in Section 1.0, above.
2. The City hereby adopts, incorporates into the project and makes a condition of the project
approval, all mitigation measures in the Final EIR, and as discussed in the Findings (Section
2.0, above) and Project Impacts and Disposition of Related Mitigation Measures in the Final
EIR (Section 4.0, above).
3. The City hereby adopts the Mitigation Monitoring Program, accompanying the Final EIR and
discussed in the Findings (Section 5.0, above).
4. The City hereby adopts the Findings in their entirety, as set forth above, including the
Statement of Overriding Considerations.
5. Having certified the Final EIR, independently reviewed and analyzed the Final EIR,
incorporated mitigations into the project as conditions of project approval, and adopted the
Findings (including the Statement of Overriding Considerations set for herein), the City
hereby approves the MacArthur Place South project, as described in the Final EIR, including
the site approval and design.
Exhibit B
Page 38 of 38
Page 38
758-66
Section-5.S Noise
The EIR text on Page 254, Section 5.S, Noise at paragraph 2, line 5 will be revised to note that:
All residential units in this zone are inconsistent are uflacceptable in this area unless it can be
shown conclusi',ely that such units are sufficiently appropriately sound attenuated for present and
projected noise exposures, which shall be the energy sum of all noise impacting the project, so as
not to exceed an interior standard of 45 dB CNEL.
Mitigation Measures N-2 and N-3 on page 271 contained typographical errors and are corrected herein.
N-2 Prior to issuance of building permits, building plans shall specify the STC rating of
windows and doors for all residential land uses. Window and door rating shall be sufficient
to reduce the interior noise level to a CNEL of 45 dB e-dB or less, and shall be determined
by a qualified acoustical consultant as part of the final engineering design of the project.
N-3 Prior to building occupancy mechanical ventilation shall be installed at the proposed
condominiums and residential towers since the interior CNEL standard of 45 dB e-dB is
to be met with all windows and doors closed.
Mitigation Measure N-S on page 272 has been revised and is incorporated by reference into the Final EIR.
N-S During construction activities, the project developer shall ensure that all pile-driving
equipment shall be enclosed on all sides with an acoustical blanket barrier that provides a
minimum sound transmission class (STC) rating of 30. The height ofthe blanket enclosure
shall be at least 20- feet. With the exception of points of access to the enclosure area, there
shall be no openings or gaps in the enclosure and all points of access are to remain closed
during pile driving activities. No pile driving activity shall occur before 8:00 a.m. on
Saturdays.
Mitigation Measure N-12 on page 273 contained typographical errors and are corrected herein.
N-12 Prior to issuance of occupancy permits, the project developer, at the project developer's
sole expense, shall conduct a noise monitoring analysis to ensure that residential units
achieve an interior noise level of 45 dB e-dB CNEL. The analysis shall be conducted by a
qualified acoustical consultant and shall be submitted to the City's Building and Planning
Agency for review.
Section 5.II-Transportation and Traffic
The text in Section 5.11.1 on page 293 of the DEIR contained a typographical error. The text is revised to
read as follows:
The proposed project consists of the demolition of an existing restaurant and theater, relinquishing
the approved entitlement for a ~ 192-room hotel, and construction of three 25-story residential
towers, three 5-/6-story residential buildings, a cinema loft building, and 23,S71 square feet of
commercial development.
Exhibit C
758-67
ORDINANCE NO. NS-2690
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADOPTING THE HUTTON CENTRE MIXED
USE SPECIFIC DEVELOPMENT DISTRICT (SD-76) AND
REZONING THE PROPERTY LOCATED AT 1-7 AND 9-11
EAST HUTTON CENTER DRIVE AND 101, 200, 201 AND
203 EAST SANDPOINTE AVENUE FROM GENERAL
COMMERCIAL (C2) ZONING DISTRICT TO HUTTON
CENTRE MIXED USE SPECIFIC DEVELOPMENT DISTRICT
(SD-76) (AA NO. 2005-01)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. The Applicant is requesting approval of an amendment application, five
conditional use permits, a development agreement, three tentative tract
maps and four variances to allow the construction of three residential high
rise buildings with 500 condominium units, a four to six-story condominium
project with 276 units, a five story mixed-use building with 15 residential
units and 10,000 square feet of office space and 14,000 square feet of retail
and restaurant spaces at 1,9 and 10 East Hutton Centre Drive and 101 East
Sandpointe Avenue.
B. On May 23, 2005, the Planning Commission held a duly noticed public
hearing and unanimously voted to recommend that the City Council:
1. Adopt a resolution certifying Final Environmental Impact Report No.
2004-02 and approve the mitigation monitoring program and
statement of overriding considerations for the MacArthur Place South
project.
2. Adopt an ordinance approving Amendment Application No. 2005-01.
3. Adopt an ordinance approving Development Agreement No. 2005-02.
4. Adopt a resolution approving Conditional Use Permit No. 2005-10 as
conditioned for the Lake Towers residential project.
5. Adopt a resolution approving Conditional Use Permit No. 2005-11 as
conditioned for the Cinema Tower and Loft residential projects.
6. Adopt a resolution approving Conditional Use Permit No. 2005-12 as
conditioned for the Cinema Retail project.
758-68
7. Adopt a resolution approving Conditional Use Permit No. 2005-13 as
conditioned for the Cinema Restaurant project.
8. Adopt a resolution approving Conditional Use Permit No. 2005-15 as
conditioned for the Integral residential project.
9. Adopt a resolution approving Vesting Tentative Tract Map No. 2005-
02 (County Map No. 16621) as conditioned for the Integral project.
10. Adopt a resolution approving Vesting Tentative Tract Map No. 2005-
03 (County Map No. 16622) as conditioned for the Cinema Tower
and Loft projects.
11. Adopt a resolution approving Vesting Tentative Tract Map No. 2005-
04 (County Map No. 16626) as conditioned for the Lake Towers
project.
12. Adopt a resolution approving Variance No. 2005-05 as conditioned to
allow a reduction in setbacks for the Lake Towers project.
13. Adopt a resolution approving Variance No. 2005-07 as conditioned
for a reduction in parking and tandem parking for the Lake Towers
project.
14. Adopt a resolution approving Variance No. 2005-10 as conditioned
for a reduction in parking for the Cinema residential, retail and
restaurant uses and to allow tandem parking.
15. Adopt a resolution approving Variance No. 2005-12 as conditioned to
allow tandem parking for the Integral condominium project.
C. On June 20, 2005 the City Council of the City of Santa Ana held a duly
noticed public hearing and at that time considered all testimony, written and
oral.
D. Amendment Application No. 2005-01 has been filed with the City of Santa
Ana to adopt the Hutton Centre Mixed Use Specific Development District
(SD-76) and to rezone the properties located at 1-7 and 9-11 E. Hutton
Centre Drive, 101, 200, 201 and 203 E. Sandpointe Avenue from General
Commercial (C2) Zoning District to Hutton Centre Mixed Use Specific
Development District (SD-76) (AA NO. 2005-01)
1. SD-76 would create two zones.
a. Zone 1 would allow professional, business and administrative
offices; museum, libraries and galleries; retail and service
uses; restaurants, cafes and eating establishments other than
those specified in section 41-365.5; coffee houses, tea houses
and bakeries; theaters (with a Conditional Use Permit);
Hotels (with a Conditional Use Permit); child care facilities
758-69
(with a Conditional Use Permit); nightclubs, bars and indoor
entertainment (with a Conditional Use Permit);
establishments selling alcoholic beverages (with a
Conditional Use Permit); banquet facilities (with a
Conditional Use Permit); and health clubs (with a
Conditional Use Permit).
b. Zone 2 would allow professional, business and administrative
offices; museum, libraries and galleries; nightclubs, bars and
indoor entertainment (with a Conditional Use Permit);
establishments selling alcoholic beverages (with a
Conditional Use Permit); banquet facilities (with a
Conditional Use Permit); multi-family residential uses (with
a Conditional Use Permit); Live/work communities in
compliance with the standards (with a Conditional Use
Permit); outdoor farmers markets (with a Conditional Use
Permit); full service cafes and restaurants (with a
Conditional Use Permit); coffee houses, tea houses and
bakeries (with a Conditional Use Permit); theaters (with a
Conditional Use Permit); health clubs (with a Conditional
Use Permit); and retail and service uses (with a Conditional
Use Permit).
2. Amendment Application No. 2005-01 is consistent with the General
Plan, including but not limited to its goals and policies to:
a. Promote the balance of land uses to address basic community
needs. Land Use Element Goal No. 1.0.
b. Promote land uses which enhance the City's economic and
fiscal viability. Land Use Element Goal No. 2.0.
c. Support developments that create a business environment
that is safe and attractive. Land Use Element Policy No. 2.8.
d. Enhance development sites and districts which are unique
community assets that enhance the quality of life. Land Use
Element Goal No. 4.0.
3. The City Council has weighed and balanced the general plan's
policies and has determined that based upon this balancing that the
MacArthur Place South project is consistent with the purpose of the
general plan.
4. The City Council also adopts as findings all facts presented in the
Requests for Council Action dated June 20,2005 accompanying this
matter.
5. For these reasons, and each of them, Amendment Application No.
2005-01 is hereby found and determined to be consistent with the
General Plan of the City of Santa Ana and otherwise justified by the
public necessity, convenience, and general welfare.
758-70
E. Final Environmental Impact Report No. 2004-02, the Mitigation Monitoring
Program, and the Statement of Overriding Considerations which came
before the City Council on June 20, 2005. At the June 20, 2005 meeting,
the City Council also adopted an ordinance rezoning the property (AA No.
2005-01), a resolution approving Conditional Use Permits (Numbers 2005-
10,2005-11,2005-12,2005-13,2005-15), Vesting Tentative Tract Maps
(Numbers 2005-02, 2005-03, 2005-04), and Variances (Numbers 2005-05,
2005-07, 2005-10, 2005-12). This resolution incorporates by reference, as
though fully set forth herein, the ordinance and resolutions and said Final
Environmental Impact Report, Mitigation Monitoring Program, and Statement
of Overriding Considerations, and all of their respective facts, findings and
conclusions in support of this ordinance and the findings made herein.
Section 2. Section 41-610 of the Santa Ana Municipal Code is amended to read
in full as follows (new language in bold deleted language in strikeout):
Sec. 41-610. Wall and fence requirements in the residential zones
(a) _All walls and fences located in the RE, R1, R2, R3, R4, and at any
residential use in a specific development zoning district, excluding SO Ne-,-:19 and SO-76,
shall not exceed the following:
(1) Front yard fences four (4) feet in height on those streets defined and
designated in the circulation element of the city's general plan as arterial
streets and three (3) feet in height on all other streets, measured from the
top of the curb or established grade upward.
(2) All other walls and fences shall not exceed eight (8) feet in height, measured
from the top of the curb or established grade upward.
(3) In other districts, walls and fences shall not exceed ten (10) feet in height,
and shall not exceed four (4) feet in height where the wall or fence extends
into the required front yard or any required landscaped area.
(b) In the RE, R1, R2, R3, R4, and at any residential use in a specific
development zoning district, excluding SO Neo-:19 and SO-76, no front yard fence over
eighteen (18) inches in height shall be constructed without the issuance of a permit
therefore by the planning and building agency. The permit shall be issued if the fence
conforms to the following provisions:
(1) Front yard fences shall be composed of only the following materials: wood;
wrought iron; tubular steel, stone; brick; stucco; or decorative block such as
slump stone or split-faced block:
(2) Spikes, stakes or other sharp metal objects shall not be permitted;
(3) Arbors located in the required front yard or required landscaped area shall
only be permitted over walkways, and shall not exceed ten (10) feet in
height, six (6) feet in width and three (3) feet in depth.
(c) Any wall or fence expressly permitted by this section or any other section of
this chapter shall comply with the provisions set forth in chapter 36 of this Code.
(d) In the RE, R1, R2, R3, R4, and at any residential use in a specific
758-71
development zoning district, excluding SO No. _19, chain link fencing material is not
permitted except in a rear yard or side yard which is not viewable from a public street.
(e) In the RE, R1, R2, R3, R4, and at any residential use in a specific
development zoning district, excluding SD~:19, barbed wire is not permitted as part of
a wall or fence.
Fence or wall shall mean a barrier which serves to enclose, divide, or protect
an area, or is used to prevent intrusion from the outside of a parcel to the
interior of such parcel, exclusive of any such barrier which forms part of a
building or structure.
Front yard fence shall mean a fence or wall (as defined in this section) within
the required front yard or any required landscape area of a parcel, built from
permitted materials and designed and constructed so as to permit visibility
between or through fence elements over eighteen (18) inches in height.
Those portions of the front yard fence eighteen (18) inches in height and
lower may be constructed of opaque or solid materials. Elements over
eighteen (18) inches in height shall be spaced no closer than four (4) inches
apart, with each member no wider than four (4) inches across. Elements
wider than four (4) inches across shall be considered pilasters. Pilasters may
be no wider than sixteen (16) inches across, and may be no closer than
eight (8) feet on center. except for pilasters supporting a four-foot wide
maximum entry gate.
Barbed wire includes both straight-line and looped ("concertina") varieties.
Public street does not include alleys.
Arbor means a decorative framework or structure formed of vines, branches,
or lattice work.
Section 3. The real properties located at 1-7 and 9-11 East Hutton Centre
Drive, 101, 200, 201 and 203 East Sandpointe Avenue are hereby reclassified from
General Commercial (C2) zoning district to Hutton Centre Mixed Use Specific
Development District (SD-76). Amended Sectional District Map number 31-5-9 showing
the above described change in use district designation, is hereby approved and attached
hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein.
(M No. 2004-01).
Section 4. Hutton Centre Mixed Use Specific Development District (SD-76) as
set forth in Exhibit "B", attached hereto and incorporated as though fully set forth herein, is
approved adopted in its entirety.
Section 5. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that anyone or more sections,
(f)
meanings:
(1 )
(2)
(3)
(4)
(5)
As used in this section, the following terms shall have the following
758-72
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this _ day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES: Council members
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 Ordinance No. NS-2690 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
758-73
c
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MAC ARTHUR BLVD.
2~'-~ 130-'-9 I
M1
i STEVENS AV
City of Tustin
Zoning Oist..ict
ADOPTED BY RESOlUTION NO. 5186 BYTHE SANTA ANA PLANNING COMMISION
PART OF ORDINANCE NO. NS-394 ADOPTED BY THE SANTA ANA CITY COUNCIL. AUGUST 17, 1959.
SCALE IN FEET
Al GENERAL AGRICULTURE CS ARTERIAL COMMERCIAL PRO PLANNED RESIDENTIAL DEVELOPMENT
-B PARKING MODIFICATION CR COMMERCIAL RESIDENTIAL Rl SINGLE FAMILY RESIDENTIAL
C-SM COMMERCIAL SOUTH MAIN GC GOVERNMENT CENTER R2 LIMITED MULTIPLE FAMILY RES.
Cl COMMUNITY COMMERCIAL Ml LIGHT INDUSTRIAL R3 MEDIUM DENSITY MULTIPLE
Cl-MD COMM. COMMERCIAUMUSEUM DISTRICT M2 HEAVY INDUSTRIAL FAMILY RESIDENTIAL
C2 GENERAL COMMERCIAL MO MILITARY OPERATIONS R4 SUBURBAN APARTMENTS
C3 CENTRAL BUSINESS 0 OPEN SPACE RE REAL ESTATE
C3-A CENTRAL BUSINESS-ARTIST VILLAGE P PROFESSIONAL SD SPECIFIC DEVELOPMENT
C4 PLANNED SHOPPING CENTER PCD PLANNED COMMUNITY DEVELOPMENT SP SPECIFIC PLAN
o '000
50.. MINIMUM FRONTAGE
-6000 MINIMUM LOT AREA
Latest Revision 081e:___-12-1-98
THIS MAP IS THE OFFICIAl SECTIONAl..
DISTRICT MAP OF THE CITY OF SANTA ANA
AS AUTHORIZED BY CITY COUNCIL
RESOlUTION NO. 74-1&3, DATED 11-18-74, I
HEREBY ATTEST THAT THIS MAP IS A TRUE
COPY OF THE ORIGINAl SECTIONAl DISTRICT
MAPNO'~k-
~cod ~~l'l-~
PLANNING & BUllDINGAGEtCy
Certificate Date SEPTEMBER 10 1982
RES.' A.A. f ANX. NO 5e33
5731
6044 A.A. gg2
ORD.I RES. NO. N5-e80 N8-806 NS-1193 N8-1941
ADOPTED DATE
APPPAOVEO
5-17-65 12.17.73 2-+88
~
RES. / A.A. I AN)(, NO.
ORD.I RES. NO.
ADOPTED DATE
APPPRQVED
PREPARED BY THE PLANNING DIVISION
CITY OF SANTA ANA CALIFORNIA
E}HlBf74
Hutton Centre Mixed Use Specific Development District
JSD-76l
TABLE OF CONTENTS
SECTION 1. Applicability of Ordinance
SECTION 2. Purpose
SECTION 3. Objectives and Policies
SECTION 4. Permitted Improvements
SECTION 5. Permitted Uses
SECTION 6. Conditionally Permitted Uses
SECTION 7. Development Standards
1. Maximum Density
2. Minimum Parcel Size'
3. Overall Project
a. General Requirements
b. Building Setbacks
c. Building Height
d. Screening
4. Parking
a. General Requirements
b. Residential Components
c. Other Uses
5. Building Elevations
SECTION 8. Miscellaneous Standards
1. Landscaping
2. Signage
3. Common Areas
4. Public Art
Exhibit "B"
Page 1 ofS
758-75
Hutton Centre Mixed Use Specific Development District (SD-76)
SECTION 1 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 SO zoning district may be incorporated
herein by reference. The boundaries of the Hutton Centre Mixed Use
Specific Development District shall be defined pursuant to
Attachment 1 (attached hereto and incorporated as though fully set forth
herein). Hutton Centre Mixed Use Specific Development District shall
have two zones, Zone 1 and Zone 2, as depicted in Attachment 1.
SECTION 2 PURPOSE
The Specific Development No. 76 (SD-76) use district regulations are
hereby established for the express purpose of protecting the health, safety
and general welfare of the City by encouraging the use of innovative
planning concepts and principles, promoting and enhancing the value of
properties, and encouraging orderly development. This district is intended
to provide standards for areas located in a District Center and adjacent to
high capacity arterial streets.
SECTION 3 OBJECTIVES AND POLICIES
The Hutton Centre Mixed Use Specific Development District is located
within the southeastern area of the City. The Hutton Centre Mixed Use
Specific Development District encompasses a mixture of office, restaurant,
retail and residential land uses.
The following site development policies are designed to encourage greater
convenience, efficiency, excellence of design and visual appeal than is
typically achieved with usual residential and commercial development.
The policies of the Hutton Centre Mixed Use Specific Development District
include the following:
Exhibit "B"
Page 2 ofS
758-76
. Uses shall be integrated within the overall Hutton Centre campus
in terms of architecture, pedestrian orientation and circulation,
vehicular circulation, landscape and urban design.
. Internal circulation shall separate customer traffic from loading,
delivering, and pedestrian traffic.
· Access to and from the adjacent arterial streets and highways shall
be limited, in order to ensure efficient and safe vehicular
circulation.
· Adequate open spaces and landscaping shall be provided for all
uses and shall be integrated with building and parking areas.
· A well-planned system of pedestrian linkages, enhanced with
water features, seating areas, and other pedestrian amenities,
shall be developed for convenient access between all uses
developed on the site.
· Walkways, parking and open spaces shall be provided with
adequate lighting for safe and convenient nighttime use.
SECTION 4 PERMITTED USES IN ZONE 1
The permitted land uses within Zone 1 shall be as follows:
1. Professional, business and administrative offices.
2. Museums, libraries and galleries.
3. Retail and Service Uses.
4. Restaurants, cafes, and eating establishments, other than those
specified in section 41-365.5.
5. Coffee houses, tea houses, and bakeries.
SECTION 5 CONDITIONALLY PERMITTED USES IN ZONE 1
The following uses are permitted within Zone 1 upon the approval of a
conditional use permit in accordance with the Santa Ana Municipal Code:
1. Theaters.
2. Hotels.
3. Child care facilities.
4. Nightclubs, bars and indoor entertainment uses whether
freestanding or part of another permitted or conditionally permitted
Exhibit "B"
Page 3 ofS
758-77
use. Adult entertainment businesses shall not be permitted within
Zone 1.
5. Establishments selling or serving alcoholic beverages.
6. Banquet facilities, subject to development standards set forth in
section 41-199.1.
7. Uses open between the hours of 12:00 midnight and 5:00 a.m.
8. Health Clubs.
SECTION 6 PERMITTED USES IN ZONE 2
The permitted land uses within Zone 2 shall be as follows:
1. Professional, business and administrative offices.
2. Museums, libraries and galleries.
SECTION 7 CONDITIONALLY PERMITTED USES IN ZONE 2
The following uses are permitted within Zone 2 upon the approval of a
conditional use permit in accordance with the Santa Ana Municipal Code:
1. Nightclubs, bars and indoor entertainment uses whether
freestanding or part of another permitted or conditionally permitted
use. Adult entertainment businesses shall not be permitted within
Zone 2.
2. Establishments selling or serving alcoholic beverages.
3. Banquet facilities, subject to development standards set forth In
section 41-199.1.
4. Uses open between the hours of 12:00 midnight and 5:00 a.m.
5. Multi-family residential uses.
6. Live/work communities in compliance with the following standards:
a. Residential use is permitted only in combination with
individual work space in a manner which provides an
integrated working and living environment.
b. A live/work unit shall be at least nine hundred (900) square
feet in size.
c. The residential component of a live/work unit shall meet the
following standards:
Exhibit "B"
Page 4 ofS
758-78
i. It shall have access to separate bathroom facilities,
including a water closet, a wash basin, and a bathtub
or shower.
ii. It shall have separate kitchen facilities including a
kitchen sink, cooking appliances and refrigerator. All
such facilities shall have a clear working space of at
least thirty (30) inches in front.
iii. It shall comply with all Housing Code requirements as
modified by section 8-2700 of this Code.
iv. In-unit laundry facilities shall be required.
v. No residential component shall be permitted on the
ground floor of the live/work unit.
7. Outdoor Farmers Markets.
8. 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.
9. Coffee houses, tea houses, and bakeries.
10. Health Clubs.
11. Retail and service uses.
SECTION 8 DEVELOPMENT STANDARDS IN ZONE 2
The following general development standards are applicable to this project:
1. Maximum Development Intensity
Consistent with the General Plan, the maximum residential density
allowed for the site shall be 90 dwelling units per acre within SD-76.
The maximum floor area ratio for other permitted uses shall be 1.0.
2. Minimum Parcel Size
The minimum parcel size shall be 2.5 acres.
3. Overall Proiect
The development plans and material samples shall be submitted to
and approved by the Planning Commission pursuant to Section 41-
593.4 prior to issuance of any building permits.
a. Building Setbacks
Exhibit "B"
Page 5 ofS
758-79
Setbacks are established to enhance pedestrian space
throughout the district, create compatible relationships
between existing and future building elevations, and
recognize opportunities to create new open spaces such as
plazas, pedestrian ways and landscaped areas. Major setback
conditions are discussed below by street:
i. Main Street:
All projects shall maintain a building setback of 15
feet. Entry steps to residential units may encroach
into this setback area in order to provide a transition
between public and private spaces.
ii. MacArthur Boulevard:
All residential projects shall maintain a building
setback of 15 feet. Entry steps to residential units
may encroach into this setback area in order to
provide a transition between public and private
spaces.
iii. Sandpointe Avenue:
All projects shall maintain a building setback of 10
feet. Entry steps to residential units may encroach
into this setback area in order to provide a transition
between public and private spaces.
iv. Hutton Centre Drive:
All projects shall maintain a building setback of 10
feet.
b. Building Height
The building height of a project shall not be approved
where the Federal Aviation Administration (FAA) has
determined such height to be a hazard to air
navigation.
c. Screening
All appurtenances shall be located outside any
required setback and shall be screened from view.
4. Parkinq
Exhibit "B"
Page 6 ofS
758-80
a. General Requirements
I. Parking shall not encroach into required setbacks at
grade. Parking structures below residential buildings
shall not encroach within required setbacks along
Main Street or MacArthur Boulevard.
ii. Parking structures that incorporate trash enclosures
shall maintain sufficient vertical clearances to facilitate
trash truck access.
iii. Glare from the parking structure lighting shall not be
visible from any public right-of-way.
iv. The ceiling of all parking levels shall be painted white
and be maintained to improve illumination and
enhance safety within the parking structure.
v. The parking structure shall comply with the Santa Ana
Municipal Code sections pertaining to the Police
Department's Security requirements, including
parking lot lighting levels.
v!. The parking structure shall comply with the Santa Ana
Police Department's parking structure design
guidelines.
b. All uses shall comply with the parking provisions outlined in
Chapter 41 of the Santa Ana Municipal Code (SAMC).
5. LandscapinQ
Prior to issuance of any building permit, a detailed Landscape Plan
shall be submitted to and be approved by the Planning
Commission.
6. SiQnaqe
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 for the parking structure, shall
be submitted to and be approved by the Planning
Commission.
Exhibit "B"
Page 7 ofS
758-81
7. Public Areas
Prior to issuance of any building permits, a detailed plan of the
public areas shall be submitted to and approved by the Planning
Commission.
a. Exterior kiosks, carts or other temporary outdoor uses
are not allowed unless specifically submitted to and
approved by the Planning Commission.
b. The public areas shall incorporate seating, benches,
street furniture and landscaping to provide visual
interest and additional amenities within the public
areas. All seating, benches, street furniture surfaces,
pedestrian-level walls and similar amenities shall be
made of a durable material such as concrete or
painted iron and be designed to minimize effects from
vandalism, skateboarding and weather and
incorporate graffiti resistant coatings.
c. Pedestrian amenities shall be provided such as
lighting, planters, drinking fountains, unit pavers, and
bicycle racks.
d. Trash receptacles should be located in high-activity
areas, such as plazas and other public open spaces.
The style shall be compatible with other public areas'
furnishings.
e. The property shall be maintained free of graffiti. All
graffiti shall be removed within 48-hours of
occurrence.
Exhibit "B"
Page S ofS
758-82
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ATTACHMENT 1
758-83
YZl:I"HSS"r:1 ........ o~:tS'6 ,,"00l/6/6 '6",p"O-I""~\"I'S\'I"~51"ld\.6ul"""I(]\'
ORDINANCE NO. NS -2691
AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF
SANTA ANA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF SANTA ANA AND THE GRAND
PLAN 2,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
May 23, 2005, recommended approval of this Development Agreement.
E. Entering into this Development Agreement would provide the City with
extraordinary and significant benefits that are of regional significance, relate to existing
deficiencies in public facilities, require the owner of the MacArthur Place South Project
at Hutton Centre to contribute a greater percentage of benefits than would otherwise be
required, and represent benefits which would not otherwise be required as part of the
development process.
F. The City Council has held a noticed public hearing on this Ordinance, and
has considered all testimony presented thereto.
G. The City Council has, on June 20, 2005, approved an Environmental Impact
Report in conjunction with this Project and adopted a mitigation monitoring plan.
SECTION 2: The Development Agreement, a true and correct copy of which is
attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk of the
Council are authorized to execute it on behalf of the City. The Clerk of the City is hereby
authorized and directed to cause this Development Agreement to be recorded with the
County Recorder's Office.
Ordinance No. NS-2691
Page 1 of 3
758-84
SECTION 3: This ordinance shall not be effective unless and until Ordinance
No. NS-2690 and Resolution No. 2005-064 become effective. If said ordinance and
resolution are for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, or otherwise do not go into effect for any reason, then this
ordinance shall be null and void and have no further force and effect.
SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that anyone or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this
day of
,2005
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
Ordinance No. NS-2691
Page 2 of 3
758-85
AYES: Council members
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-2691 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-2691
Page 3 of 3
758-86
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
DEVELOPMENT AGREEMENT
by and between
THE CITY OF SANTA ANA,
And
THE GRAND PLAN 2, LLC
Dated: June 15,2005
EXHIBIT 1
DOCSOC/ll10339veY24579-0001
758-87
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF SANTA ANA,
AND THE GRAND PLAN 2, LLC
This DEVELOPMENT AGREEMENT ("Agreement") is entered into between THE CITY
OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution
and laws of the State of California (referred to herein as "City") and THE GRAND PLAN 2, LLC a
California limited liability company (referred to herein as "Owner").
1. RECITALS. The Agreement is entered into with reference to the following facts:
1.1 Purpose.
(1) The purpose of this Agreement is to facilitate the development of
approximately 9.79 acres of real property, located at the southeast corner of MacArthur Boulevard
and Main Street (the "Property") as a mixed use project with for-sale residential condominiums and
office/commercial/retail uses more particularly described in the definition of "Project" in
Section 2.43.
(2) The Property is described in Exhibit A and consists of an
approximately 8.72 acre parcel currently owned by Owner (the "Owner Parcel") and an
approximately .78 acre parcel which is the subject of a contract to purchase by Owner (the "Fried
Parcel").
1.2 Code Authorization. To strengthen the public planning process, encourage
private participation in comprehensive planning and reduce the economic risk of development, the
Legislature of the State of California adopted the Development Agreement Act which authorizes any
city to enter into binding development agreements establishing certain development rights in real
property with persons having legal or equitable interests in such property.
To ensure that the City remains responsive and accountable to its residents while
pursuing the benefits of development agreements contemplated by the Legislature, the City:
(i) accepts restraints on its police powers contained in this Agreement consistent with existing law,
only to the extent and for the duration required to achieve the mutual objectives of the Parties; and
(ii) to offset such restraints, seeks extraordinary and significant public infra structure facilities and
other supplemental benefits, as set forth in Section 5.1, in addition to those available through the
existing regulatory process.
1.3 Owner. Owner represents and warrants that it owns the Owner Parcel and is
under contract to purchase the Fried Parcel. The Property is currently a mix of vacant and occupied
uses.
1.4 Planning Commission - Council Hearings. On May 23,2005, the Planning
Commission of the City ("Planning Commission"), after giving notice pursuant to Government Code
Sections 65090 and 65091, held a public hearing to consider the Owner's application for this
Agreement. The Planning Commission recommended to the City Council of City that it execute this
Agreement. On June 20, 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.
DOCSOCIIII0339v7/24579-0001
758-88
1.5 Council Findings. The Council finds that this Agreement is consistent with
the General Plan, applicable Specific P1an(s) as well as all other applicable ordinances, plans,
policies and regulations of the City.
1.6 City Ordinance. On July 5, 2005, the Council adopted Ordinance No. NS-
approving this Agreement. The ordinance becomes effective thirty (30) days thereafter (the
"Effective Date").
2. DEFINITIONS. In the Agreement, unless the context otherwise requires:
2.1 "Affiliate" means any entity of which not less than fifty percent (50%) is
owned by (i) Owner and/or its managing member and/or Nexus, in the case of Owner or (ii) Integral
or the principal shareholders of Integral, in the case of Integral.
2.2 "Agreement" means this Development Agreement, including all exhibits
attached hereto and all amendments and modifications thereto.
2.3
of this Agreement.
"Annual Review" means the annual review process as described in Section 6
2.4 "Applicable Rules" means all rules, regulations, ordinances and official
plans and policies of the City in force as of the Effective Date as included within the SAMC, this
Agreement and the Entitlements.
2.5 "Applicable Processing Fees and Charges" means all processing fees and
charges required by the City uniformly in connection with all new construction, including, but not
limited to, fees for land use applications, project permits, building applications, building permits,
grading permits, encroachment permits, tract or parcel maps, lot line adjustments, air right lots, street
vacations, certificates of occupancy and other similar permits. Applicable Processing Fees and
Charges shall not include Development Impact Fees or any exaction, impact fee, sharing fee or other
fee or charge that is in the nature of a Development Impact Fee.
2.6 "Avigation Easement" means the Avigation Easement attached hereto as
Exhibit E and incorporated herein by reference.
2.7 "Breach" is defined in Section 7.2.
2.8 "Cinema Tower" is defined Section 2.43.
2.9 "City Agency" means each and every agency, department, board,
commission, authority, employee, and/or official acting under the authority of the City, including
without limitation the City Council and the Planning Commission.
2.10 "City Attorney" means the City Attorney of the City.
2.11 "City Council" means the City Council of the City which is the legislative
body of the City pursuant to Section 65867 of the California Government Code.
2.12 "City Manager" means the chief administrative officer of the City.
DOCSOC/1 II0339v7/24579-0001
2
758-89
2.13 "Condo-Office Project" is defined in Section 2.44.
2.14 "Commencement of Construction" means the point in time when concrete
is being poured for foundations for a particular Element pursuant to a validly issued permit.
2.15 "Cooperative Agreement" means the Cooperative Agreement for Offsite
Improvements attached hereto as Exhibit C and incorporated herein by reference, which Cooperative
Agreement and the obligations hereunder with respect thereto, shall survive termination of this
Agreement.
2.16 "Default" is defined in Section 7.2.
2.17 "Development Agreement Act" means Article 2.5 of Chapter 4 of Division I
of Title 7 (Sections 65864 through 65869.5) of the California Government Code.
2.18 "Development Impact Fees" means impact fees, linkage fees, exactions, or
fair share charges or other similar impact fees or charges (whether collected as a condition to
issuance of demolition, grading and/or building permits, or otherwise) imposed by the City on and in
connection with new development pursuant to the Applicable Rules. If at any time following the
Effective Date it becomes legal for any of the foregoing fees or charges to be collected with property
taxes, then any such amounts collectible in such manner shall constitute Development Impact Fees
hereunder. Development Impact Fees do not include (a) Applicable Processing Fees and Charges,
(b) impact fees, linkage fees, exactions, assessments or fair share charges or other similar fees or
charges imposed by other governmental entities and which the City is required to collect or assess
pursuant to applicable law (e.g., school district impact fees pursuant to Government Code
Section 65995), or (c) increases in Development Impact Fees under the Applicable Rules, occurring
after the Effective Date but only if and to the extent any such increase does not exceed the amount of
such Development Impact Fee as of the Effective Date increased at a rate not to exceed the rate of
increase established by the "Construction Costs Index- Los Angeles" published by Engineering
News-Record or substitute index mutually agreed upon by the parties should that index be
discontinued, from the Effective Date to the date such Development Impact Fee is paid.
2.19 "Effective Date" means August 4, 2005, the date upon which the ordinance
approving this Agreement becomes effective.
2.20 "Element" is defined in 2.43.
2.21 "Entitlements" mean the City approvals for the Project granted pursuant to
the Applicable Rules as set forth in detail in the Final Environmental Impact Report for
Environmental Review No. 2004-02; Tentative Tract Map Nos. 2005-02, 2005-03, 2005-04 (County
Map Nos. 16621, 16622 and 16626); Variance Nos. 2005-05, 2005-07, 2005-10, and 2005-12;
Zoning Ordinance Amendment No. 2005-0 1 (creating Specific Development No. 76 aka SD-76);
Conditional Use Permit Nos. 2005-10, 2005-11, 2005-12, 2005-13 and 2005-15; and the "MacArthur
Place Master Plan" dated April 11, 2005, as each are conditioned in City Council Resolution
Numbers _' The parties understand and acknowledge that the implementation of the
Entitlements will require Subsequent Development Approvals, the approval, conditional approval or
rejection of which shall be in accordance with the Applicable Rules. The word "Entitlements" shall
include an interior design standard for all Residential Units of 42 dBA CNEL for purposes of
attenuating noise, to be met with all of the unit's windows and doors closed. For each Element that
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incorporates Residential Units, a qualified acoustical consultant shall conduct an analysis
demonstrating compliance with said interior noise design standard to be submitted to the City's
Building and Planning Safety Agency for review and approval prior to the issuance of Utility
Release(s).
2.22 "Final Design Documents" means the final design documents for the Public
Art consistent with the Public Art Plans.
2.23 "Fried Portion" is defined in Section 2.43.
2.24 "Integral" means Integral Communities I, a Delaware Corporation.
2.25 "General Plan" means the General Plan of the City.
2.26 "Inclusionary Housing Fee" is defined in Section 5.1.8.
2.27 "In-Lieu Park Fee" is defined in Section 5.1.9.
2.28 "Litigation" shall mean any lawsuit or cross-action, including the legal action
and/or alternative dispute resolutions described in Section 7, challenging the validity of this
transaction or any Element thereof or the rights of either party hereunder and/or the rights of either
party to engage in the acts and transactions contemplated by this Agreement.
2.29 "Mezzanine Lender" means a lender who provides funds for the
construction of the Project, or parts thereof, and takes a security interest in an asset other than the
Property or Project such as the ownership interest ofthe Owner in the Property or Project.
2.30 "Mortgage" means any mortgage, deed of trust, pledge, encumbrance, sale
leaseback, or other security interest with respect to the Property and/or Project and/or the interests of
the Owner in the Property and or Project and/or this Agreement, granted to a lender not affiliated
with Owner, made in good faith and for fair value, encumbering all or any part of the Property and/or
Project or Owner's interest in the Property and/or Project and/or this Agreement, given by Owner for
the purpose of obtaining construction financing of the Project, or any portion thereof.
2.31 "Mortgage Parcel" is defined in Section 8.1.
2.32 "Mortgagee(s)" means (i) any institutional lender that is a mortgagee or
beneficiary under a deed of trust, (ii) a Mezzanine lender and/or (iii) any person or entity acquiring
fee title under a first or second mortgage who has delivered a Mortgagee Notice to the City or any
transferee of the above.
2.33 "Mortgagee Notice" is defined in Section 8.2.
2.34 "Nexus" means Nexus Development Corporation/Central Division, Inc., a
California Corporation.
2.35 "Notice" and "Notice Period" are defined in Section 7.2.
2.36 "Owner" means the Grand Plan 2, LLC a California limited liability
company and/or any assignee or transferee of the Property or any part thereof permitted hereunder.
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2.37 "Owners' Association(s)" means the association of owners of the
Residential Units ("Homeowners' Association(s)) and/or associations formed by the owners of the
retail portions and/or office portions of the Project formed for the purpose of governing and
controlling the common areas associated with each Element and the Project, as a whole.
2.38 "Parties" means collectively Owner and the City.
2.39 "Party" means anyone of Owner or the City.
2.40 "Plaintiff' means any party seeking relief or compensation through Litigation
whether as plaintiff, petitioner, cross-complainant or otherwise.
2.41 "Planning Commission" means the Planning Commission of the City and
the planning agency of the City pursuant to Section 65867 of the California Government Code.
2.42 "Periodic Review" is defined in Section 6.1.
2.43 "Project" is the development of the Property pursuant to the Entitlements,
with the following:
(1) Three (3) twenty-five (25) Story Towers consisting of two (2) towers
with three hundred fifty (350) for sale residential condominium units (each a "Lake Tower" or
together the "Lake Towers") and One (1) tower with one hundred fifty (150) for-sale residential
condominium units (the "Cinema Tower");
(2) A six (6) story tower consisting of fifteen (15) for-sale residential
condominium units on four (4) floors and approximately ten thousand (10,000) square feet of office
on two (2) floors (the "Condo/Office Project");
(3) A five (5) or six (6) story building containing two hundred seventy-
six (276) for-sale residential condominium units (the "Integral Project"); and
(4) Approximately thirteen thousand eight hundred seventy-one (13,871)
square feet of commercial space consisting of approximately eight thousand five hundred eighty
(8,580) square feet of restaurant ("Restaurant Portion") and approximately five thousand two
hundred ninety (5,290) square feet of retail (the "Fried Portion"). The Restaurant Portion and Fried
Portion are collectively referred to herein as the "Retail Project".
Each of the Lake Towers, the Cinema Tower, the Condo/Office Project, Integral Project and
the Retail Project are each an "Element."
2.44 "Property" is legally described in Exhibit A.
2.45 "Public Art" is defined in Section 5.1. 7.
2.46 "Public Art Plan" is set forth in Exhibit B attached hereto and incorporated
herein by reference.
2.47 "Public Improvements" are described in Exhibit D attached hereto and
incorporated herein by reference.
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2.48 "Reserved Powers" means the rights and authority excepted from this
Agreement's restrictions on the City's police powers and which are instead reserved to the City. The
Reserved Powers include the power to enact and implement rules, regulations, ordinances and
policies after the Effective Date that are not in conflict with the Applicable Rules or that may be in
conflict with the Applicable Rules, but: (a) prevent or remedy conditions which the City has found
to be injurious or detrimental to the public health and/or safety; (b) are Uniform Codes; (c) are
required to comply with mandates under state and federal laws, rules and regulations (whether
enacted previous or subsequent to the Effective Date) or to comply with a court order or judgment of
a state or federal court; (d) relate to Applicable Processing Fees or Charges imposed and/or increased
after the Effective Date; (e) or relate to increases in Development Impact Fees occurring after the
Effective Date but only if and to the extent described in Section 2.17( c), or (f) are consented to by
Owner.
2.49 "Residential Unit(s)" means each of the for-sale residential units within the
Project.
2.50 "Retail Project" is defined in Section 2.43.
2.51 "Restaurant Portion" is defined in Section 2.43.
2.52 "Subsequent Development Approvals" means those certain actions taken by
any City Agency after the Effective Date, in connection with the implementation of the Entitlements
or any approved modification of the Entitlements, or any requested minor modifications of the
Entitlements.
2.53 "SAMC" means the Santa Ana Municipal Code.
2.54 "Term" means the applicable period of time during which this Agreement
shall be in effect and shall bind the City and Owner, as described in Section 4.1.
2.55 "Uniform Codes" means those building, electrical, mechanical, fire and other
similar regulations of a City-wide scope which are based on recommendations of a multi-state
professional organization and become applicable throughout the City, such as, but not limited to, the
California Building Code, the California Electrical Code, the California Mechanical Code, or the
California Fire Code (including those amendments to the promulgated Uniform Codes which reflect
local modification to implement the published recommendations of the multi-state organization and
which are applicable City-wide)
2.56 "Utility Release(s)" means the formal approval of the City Building
Department, following its inspection, that Residential Unit(s) may be released for initial connection
to the electrical power system, water service system, gas service system, and sanitary sewer system.
Utility Release(s) do not include temporary utility service provided to any structure during
construction. .
3. EXHIBITS. The following documents referred to in the Agreement are attached to
this Agreement and are identified as follows:
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A
Description
Property Legal Description
Referred to
in Section( s)
Exhibit
Designation
B
C
Public Art Plan
Cooperative Agreement for Off-Site
Improvements
Public Improvements
A vigation Easement
Lake Improvements
1.1.1 (2),
2.44
2.46,5.1.7
2.15,5.1.1
D
E
F
2.47,5.1.2
2.6, 5.1.5
5.1.12
4. GENERAL PROVISIONS.
4.1 Duration of Agreement. The term of this Agreement shall be for ten (10)
years; provided, however that the Owner may request one two-year extension from the Executive
Director of the Planning and Building Safety Agency, which request shall not be unreasonably
denied and provided further that this Agreement shall automatically terminate upon the latter to occur
of (i) completion of construction of the entire Project or (ii) the granting of Certificates of Occupancy
(or similar permission to occupy) for the final Element of the Project and sale of all Residential units.
4.2 Assignment. Except as provided in Section 4.3 and prior to completion of
the Project or any Element thereof, Owner (and/or Integral with respect to the Integral Project, if
owner assigns the Integral Project to Integral) shall not have the right to transfer or assign this
Agreement with respect to all or any portion of the Property to any person, entity (public or private),
partnership, joint venture, firm or corporation unless the written consent of the City is first obtained,
acting in its reasonable discretion. In exercising its reasonable discretion, the City shall limit its
review to the development experience and financial capability of the proposed assignee or transferee
and shall approve any such assignment or transfer if the proposed assignee or transferee has financial
capability and development experience with respect to the Project equal to or greater than the
managing member of Owner (or Integral in the case of the Integral Project after assignment of the
Integral Project). Any transfer or assignment of rights under (i) Section 4.3, or (ii) requiring City
Council consent under this Section 4.2 shall include an assignment and assumption agreement
confirming that the duties obligations and liabilities arising from this Agreement with respect to all or
any portion of the Property shall be assumed by the transferee. To the extent permitted by law, the
rights of the Owner hereunder shall not be subject to assignment by attachment, execution, or
proceedings under any provisions ofthe Bankruptcy Act, and such assignment or transfer shall be, to
the extent permitted by law wholly void and of no force and effect unless such assignment or transfer
has been consented to by the City Council.
During the term of this Agreement, any approved assignee or transferee of the rights
under this Agreement shall observe and perform all of the duties and obligations of Owner contained
in this Agreement as such duties and obligations pertain to the portion of the Property transferred or
assigned. Any and all approved successors and assignees of Owner shall have all of the same rights,
benefits, duties, obligations, and liabilities of Owner under this Agreement. If the Property is
subdivided, any subdivided parcel may be sold, mortgaged, hypothecated, assigned, or transferred to
persons for development by them in accordance with the provisions of this Agreement. Following a
permitted assignment herewith the assignor shall have no further rights or obligations with respect to
the Project or Element assigned, as the case may be.
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4.3 Permitted Assignments. The prohibition against transfer of this Agreement
with respect to all or any portion of the Property as described in Section 4.2 above shall not apply to,
and the City hereby consents to, any transfer of this Agreement with respect to all or any portion of
the Property to:
a. Any business entities such as limited partnerships, limited liability
companies, joint ventures or other similar entities formed for the purpose of performing Owner's
obligations under this Agreement, provided Owner, Nexus and/or Curtis R. Olson retains operational
and managerial control of any such entity.
b. Nexus and/or Curtis R Olson or any Affiliate.
c. One or more Mortgagees.
d. Integral or any Affiliate thereof with respect to the Integral Project or
any single purpose entity created by Integral, or any Affiliate thereof, formed for the purpose of
constructing the Integral Project.
e. DF#l LLC, David R. Fried, and/or A&D Properties, and/or any
company or corporation more than fifty percent (50%) owned by DF#l LLC, David R. Fried and/or
A&D Properties.
f Buyer's of Residential Units.
g. Owners' Association(s) with respect to common areas.
h. Tenants, ground lessees and/or purchasers of the retail and/or office
spaces.
4.4 Amendment or Cancellation of Agreement. This Agreement may be
amended from time to time or cancelled by the mutual consent of the parties, but only in the same
manner as its adoption by an ordinance as set forth in Government Code Section 65868. The term
"Agreement" or "Development Agreement" as used herein shall include any amendment properly
approved and executed.
4.5 Hold Harmless. Owner agrees to and shall hold City, its officers, agents,
employees, consultants, special counsel, and representatives harmless from liability for damages,
restitution, judicial or (to the extent legally possible) equitable relief arising out of claims for
personal injury, including health, and claims for property damage, which may arise from construction
activities with respect to the Project by the Owner or their contractors, subcontractors, agents,
employees, or other persons acting on their behalf; the Owner further agrees to provide a defense on
behalf of the City, including fees and costs for special counsel to be selected by the City and
approved by the Owner, regarding any Litigation. Notwithstanding the above, in the event of any
Litigation the parties hereby agree to affirmatively cooperate in defending said action.
4.6 Binding Effect of Agreement. The burdens of the Agreement bind, and the
benefits of the Agreement inure, to the parties' successors in interest.
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4.7 Relationship of the Parties. The contractual relationship between City and
Owner arising out of the Agreement is one of independent contractor and not agency. This
Agreement does not create any third party beneficiary rights.
4.8 Notices. Any notice, tender, demand, delivery, or other communication
pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered
in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
Ifto City, to:
City Manager
City of Santa Ana
20 Civic Center Plaza M-31
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6954
and
City Attorney
City of Santa Ana
20 Civic Center Plaza M-29
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
If to Owner, to:
Cory W. Alder
President, Nexus Companies
1 MacArthur Plaza, Suite 300
Santa Ana, California 92707
telefacsimile (714) 546-5660
and
Matt Kaufman
Senior Vice President, Development and Operations Nexus Companies
1 MacArthur Plaza, Suite 300
Santa Ana, California 92707
telefacsimile (714) 546-5660
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and
Thomas P. Clark, Jr., Esq.
Stradling Y occa Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, California 92660
telefacsimile (949) 725-4100
and
R. Michael Joyce, Esq.
Allen Matins Leck Gamble & Mallory LLP
1900 Main Street, 5th Floor
Irvine, California 92614-7321
telefacsimile (949) 553-8354
A party may change its address by giving notice in writing to the other party.
Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and
transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed
as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given twenty-four (24) hours after the time
set forth on the transmission report issued by the transmitting facsimile machine, addressed as set
forth above. For purposes of calculating these time frames, weekends, federal, state, County, or city
holidays shall be excluded.
5. DEVELOPMENT OF THE PROPERTY.
5.1 Owner Obligations. In consideration for the City entering into this
Agreement and performing its obligations hereunder and in order to effectuate the premises, purposes
and intentions set forth in this Agreement and the Development Agreement Act, Owner hereby
agrees to the following obligations.
5.1.1 Cooperative Agreement. The Owner and the City, together with
other parties, have concurrently executed the Cooperative Agreement. Owner agrees to comply in all
respects with its obligations under said Cooperative Agreement.
5.1.2 Public Improvements. Owner shall construct the Public
Improvements.
5.1.3 Phasing. The Owner acknowledges and agrees that the
Commencement of Construction of the Integral Project cannot commence until the Commencement
of Construction has occurred on either ofthe Lake Towers or the Cinema Tower.
5.1.4 FAA Approval. Owner shall obtain and maintain, during the term of
this Agreement, any and all necessary approvals from the FAA for the Project. Should such
approvals lapse, and not be reinstated or reapproved prior to the issuance of a building permit for
either of the Lake Towers and/or Cinema Tower, the City shall have the right to delay the issuance of
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building permits for either of the Lake Towers and/or Cinema Tower until such approvals are
reinstated or reapproved.
5.1.5 Avigation Easement. The Owner shall, prior to issuance of the first
building permit for the Project, execute the Avigation Easement in favor of the City. Owner and City
may make non-substantive alterations in the A vigation Easement prior to its execution, to the extent
such changes are approved by Owner and City (as to content by the City Manager, and as to form by
the City Attorney).
5.1.6 Limit on Fast Food and Take Out Restaurants. At no time during
the Term shall the Project include retail space which is devoted to "fast food" and "take out"
restaurants. For purposes of this Agreement, a restaurant shall not be deemed to be a "fast food" or
"take out" restaurant if it provides sit-down dining areas and primary table service for ordering and
delivering meals and beverages, and take out service ancillary to such services.
5.1.7 Development, Construction and Completion of Public Art. As
provided in Exhibit B, Owner shall include within the Project, at a prime location visible to the
public, a single or grouped permanent work of public art at a cost not to exceed Five Hundred
Thousand Dollars ($500,000) consistent with the Public Art Plan (the "Public Art") Owner shall
submit the Final Design within three hundred and sixty five (365) days from the issuance of the first
building permit for the Project and shall install the Public Art not later than issuance by the City of
the first certificate of occupancy for any Element. Owner may assign ownership, maintenance and/or
repair responsibilities to one or more Owners' Association(s).
5.1.8 Inclusionary Housing Fee. Owner shall pay to the City the sum of
Three Thousand Dollars ($3,000) for each Residential Unit contained in each Element ("Inclusionary
Housing Fee"). The Inclusionary Housing Fee shall be paid with respect to each Element containing
Residential Units at such time as 75% of the Residential Units within such Element have received
Utility Releases. The Inclusionary Housing Fee shall be used by the City for planning (including but
not limited to preparation of one or more elements of its general plan or for zoning amendments),
conceptual design, final design, bid preparation, award of bid, property appraisal, property
acquisition, relocation, lost goodwill, and/or construction of new or substantially rehabilitated
existing affordable housing in the City.
5.1.9 In-Lieu Park Development Fee. The Owner shall pay an in-lieu
park development fee in the amount of Two Million Six Hundred Thousand Dollars ($2,600,000)
with respect to the Residential Units within the Project ("In-Lieu Park Development Fee") payable
for each Element in which Residential Units are located at such time as 75% ofthe Residential Units
within such Element have received Utility Releases, based on a fraction the numerator of which is the
total number of Residential Units in an Element and the denominator of which is the total number of
Residential Units in the Project.
The City shall use not more than twenty five percent (25%) of the In-lieu Park
Development Fee for the acquisition of the land for parks and the construction of capital
improvements and deferred maintenance at existing parks at any location within the City and not less
than seventy five percent (75%) ofthe In Lieu Park Development Fee 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. If a special tax district, benefit assessment district or other obligation is created for park
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purposes, inclusionary housing purposes and/or to fulfill any obligation under the Cooperative
Agreement such district or other obligation shall not include the Property.
5.1.10 Covenants, Conditions, and Restrictions. Covenants, Conditions,
and Restrictions (CC&R's) must be provided and approved by the Planning and Building Agency's
Executive Director for the Project prior to the issuance of the first building permit. Such CC&R's
must contain at a minimum, the following:
(1) To the extent permitted by law, no more than four residents
shall occupy a Residential Unit with less than three (3) bedrooms and no more than five (5) residents
shall occupy a Residential Unit with three (3) bedrooms.
(2) No home occupancy shall be permitted in a unit, except in
accordance with Section 41-192 et seq. of the Santa Ana Municipal Code.
(3) Assignment of repair of perimeter walls and common areas,
including landscaping, will be specified in the CC&R's in the event of damage.
(4) Patios and balconies shall not be utilized for the storage of
household items, except (A) furniture designed for outdoor use, (B) barbecues, and (C) plants
including plant racks and stands.
(5) Disclosure and release: CC&R's shall provide notice to
prospective owners ofthe urban character ofthe City and this area, including but not limited to the
permitted uses ofthe property and buildings in the immediate area of the development (e.g.,
MacArthur Place, Griffin Towers, John Wayne (SNA) Airport, and surrounding property zoned
and/or devoted to high density residential and commercial use), and shall provide a release of claims
against the City by the buyer of each Residential Unit which may arise from or relate to the disclosed
matters.
(6) Terms and Content:
i. CC&R's are to be in effect for an initial period of
ninety-nine years and then automatically expanded for successive one hundred year periods unless
terminated by the joint consent of the City and not less than seventy five percent of those entitled to
vote.
ii. Any proposed material modifications to the CC&R's
which effect the City's interests will require approval by the Executive Director of Planning and
Building Safety Agency.
5.1.11 Parking Structure Easement. Owner shall assign any and all rights
it has to use the "Teacher's" parking structure located on Assessor's Parcel Number 411-081-22,
together with any transfer or assignment of the Restaurant Portion.
5.1.12 Lake Improvements. Owner shall use commercially reasonable
efforts to obtain approval of the Hutton Centre Owners' Association to install the lake improvements
specified in Exhibit F to this Agreement.
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5.1.13 Use of "City of Santa Ana." All advertising, stationary and other
identification of the Project controlled by Owner shall identify it as being located in the "City of
Santa Ana" or "Santa Ana." The postal address of the project shall at all times be denominated as
"Santa Ana, California."
5.1.14 Compliance With Governmental Requirements. Owner shall carry
out the design and construction of the Project in substantial conformity with the Applicable Rules
and all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees ofthe
United States, the State of California, the County of Orange, 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, and all applicable disabled and handicapped access requirements, including,
without the limitation, the Americans With Disability Act, 42 u.S.C. 9 12101 et seq., Government
Code 9 4450 et seq., and the Unruh Civil Rights Act, Civil Code 9 51 et seq. ("Governmental
Requirements").
5.1.15 Obligation to Submit Working Drawings and Commence
Construction. Owner shall submit building permit applications for the first Element ofthe Project
to the City's Building Department on or before the third (3rd) anniversary date of the Effective Date
and Commencement of Construction of the first phase Element shall occur on or before the sixth (6th)
anniversary date of the Effective Date.
5.2 City Obligations. In consideration for Owner entering into this Agreement
and performing its obligations hereunder and in order to effectuate the purposes and intentions set
forth in this Agreement and the Development Agreement Act, the City hereby agrees during the
Term as follows:
5.2.1 Vested Rights to Develop. Owner is hereby granted the vested right
to develop the Project subject to the terms and conditions of the Applicable Rules and the Reserved
Powers.
5.2.2 Non-application of Changes in Applicable Rules. Any change in,
or addition to, the Applicable Rules, including, without limitation, any change in the General Plan,
zoning ordinance, subdivision ordinance, or building regulation adopted or becoming effective after
the Effective Date, including, without limitation, any such change by means of ordinance, initiative,
referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason
whatsoever, however denominated, and adopted by the City Council, Planning Commission or any
City Agency, or by the electorate, as the case may be, which would, absent this Agreement,
otherwise be applicable to the Project and which would conflict with the Applicable Rules, shall not
be applied to the Project unless such changes represent an exercise of the City's Reserved Powers or
are otherwise expressly allowed by this Agreement. In the event that state or federal laws or
regulations enacted after this Agreement has been entered into, prevent or preclude compliance with
one or more provisions of this Agreement, such provisions of this Agreement shall be modified or
suspended as may be necessary to comply with such state or federal laws or regulations.
5.2.3 Special Taxes and Assessments. Owner shall have the right, to the
extent permitted by law to protest, oppose and vote against any and all special taxes, assessments,
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levies, charges and/or fees imposed with respect to any assessment districts, Mello-Roos or
community facilities districts, maintenance districts or other similar districts.
5.2.4 Agreed Changes and Other Reserved Powers. This Agreement
shall not preclude application to the Project of rules, regulations, ordinances and officially adopted
plans and policies in conflict with the Applicable Rules where such additional rules, regulations,
ordinances and officially adopted plans and policies (a) are mutually agreed to in writing by Owner
and the City in accordance with the requirements of Section 6.7 of this Agreement or (b) result from
the Reserved Powers.
5.2.5 Subsequent Development Approvals. The City shall require Owner
to obtain only those Subsequent Development Approvals that are required by the Applicable Rules or
the Reserved Powers. City hereby agrees that it shall condition any Subsequent Development
Approvals based only on the Applicable Rules and/or Reserved Powers.
5.2.6 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, City agrees that, unless required by applicable state law, such ordinance, resolution or
other measure shall not apply to the Project, Property or this Agreement, unless such changes are
adopted pursuant to the City's exercise of its Reserved Powers or other applicable provision, of this
Agreement.
5.2.7 Timing of Development. The parties acknowledge that Owner
cannot at this time predict when or if the Property will be developed. Such decisions depend upon
numerous factors which are not within the control of Owner such as market orientation and demand,
interest rates, absorption, completion and other similar factors. Because the California Supreme
Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal. 3d 465, that the failure of
the parties therein to provide for the timing of development resulted in a later adopted initiative
restricting the timing of development to prevail over such parties' agreement, it is the parties' intent
to cure that deficiency by acknowledging and providing that except as provided in Section 5.1.3, and
subject to Section 5.1.15, Owner shall have the right to develop the Property at such rate and at such
time as Owner deems appropriate within the exercise of its subjective business judgment.
5.2.8 Development Impact Fees. Except as to increases permitted under
Section 2.17(c), Development Impact Fees imposed by the City with respect to the Project shall be
only those Development Impact Fees in force and effect as of the Effective Date.
5.3 Cooperative Agreement. The City shall comply in all respects with its
obligations under the Cooperative Agreement.
6. ANNUAL REVIEW.
6.1 City and Owner Responsibilities. City shall, at least every twelve (12)
months during the term of this Agreement, review the extent of good faith substantial compliance by
Owner with the terms of this Agreement ("Periodic Review"). 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.
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6.2 Review Letter. If Owner is found to be in compliance with the Agreement
after annual review, City shall, upon written request by Owner, issue a Review Letter to Owner (the
"Letter") stating that based upon information known or made known to the City Council, the City
Planning Commission and/or the City Planning Director, the Agreement remains in effect and Owner
is not in default. Owner may record the Letter in the Official Records of the County of Orange.
6.3 Failure of Periodic Review. City's failure to review at least 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 Events of Default by Owner. Owner is in Default under this Agreement
upon the happening of one or more of the following events or conditions following notice and a
failure to cure as set forth in Section 7.2:
(1) If a written warranty, representation, or statement made or furnished
by Owner to the City in conjunction with the Project is false or proves to have been false in any
material respect when it was made;
(2) A finding and determination made by the City following a Periodic
Review under the procedure provided for in Government Code Section 65865.1 that upon the basis
of substantial evidence the Property Owner has not complied in good faith with one or more of the
terms or conditions of this Agreement;
(3) Failure to substantially comply with Governmental Requirements;
(4) The failure of Owner to comply with the requirements of Section 5.1
hereof.
(5) Any other event, condition, act or omission of Owner which
materially interferes with the intent and objectives of this Agreement.
7.1.2 Events of Default by City. City is in Default under this Agreement
upon the happening of one or more of the following events or conditions following notice and a
failure to cure as set forth in Section 7.2:
(1) If a written warranty, representation, or statement made or furnished
by City to the Owner in conjunction with the Project is false or proves to have been false in any
material respect when it was made;
(2) Failure of the City to comply with the provisions of Section 5.2.
hereof.
(3) Any other event, condition, act or omission of City Agency which
materially interferes with the intent and objective of this Agreement, including, without limitation,
the construction of the Project.
7.2 Procedure upon Breach. Upon the occurrence of any of the events
described in Sections 7.1 and/or 7.1.2,and prior to termination (a "Breach"), the non-defaulting party
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shall give the defaulting party written notice specifying the nature of the alleged Breach and, when
appropriate, the manner in which said Breach may be satisfactorily cured ("Notice"). If the
defaulting party fails to cure within thirty (30) days after receipt of Notice ("Notice Period"), or in a
case where a Breach cannot be reasonably cured within such Notice Period, fails to commence such
cure within the Notice Period and/or, thereafter, fails to diligently pursue such cure to completion
then the defaulting, party is in "Default". Failure or delay in giving Notice shall not constitute a
waiver of any Breach, nor shall it change the time of Default.
7.3 Termination. This Agreement may be terminated by either party in the event
of Default by the other.
7.4 Damages.
(I) In no event shall either party be entitled to any damages against the
other upon termination of this Agreement in the absence of a Default.
(2) The Owner shall not be liable for any general, special or
compensatory damages to City or the Owner's Default hereunder; provided however Owner shall be
responsible for any Default under Sections 5.1.7, 5.1.8 and/or 5.1.9 but only to the extent of the fees
set forth therein, without penalty.
(3) The City shall not be liable for any general, special or compensatory
damages to Owner or to any successor or assignee or transferee of Owner for the City's Default
hereunder.
7.5 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, terminate or confirm or
reject the propriety of a termination, specifically enforce any covenants or agreements set forth in the
Agreement, or enjoin any threatened or attempted violation of the Agreement; or to obtain any
remedies consistent with the purpose and term 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.
7.6 Multiple Owners. Because the Project may be developed by Owner or by
one or more assignees of Owner, the Parties acknowledge and agree that the provisions of this
Section 7 relating to any Default by Owner with respect to its obligations, and the City's enforcement
rights with respect thereto, including any rights of termination and the limited rights to seek damages,
shall relate only to the portion of the Property actually owned by the specific Owner whose act or
omission constituted such Default. Other portions of the Property owned by a different non-
defaulting Owner (provided such non-defaulting Owner is not in Default hereunder with respect to its
Property) and/or any other permitted assignee provided such permitted assignee(s) are not in Default
hereunder with respect to its/their Property shall not be affected nor shall the rights of such non-
defaulting Owner or other assignee(s) hereunder be impaired by any such Default relating to the
portion of the Property not owned by it.
7.7 Alternative Dispute Resolution. Owner may elect in its sole and absolute
discretion, to have any legal disputes described herein determined by arbitration in Santa Ana,
California, before a sole arbitrator in accordance with the laws of the State of California. The
arbitration shall be administered by JAMS pursuant to its Streamline Arbitration Rules and
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Procedures. Judgment on the "award", as defined in Code of Civil Procedure Section 1283.4, may be
entered in any court having jurisdiction.
ARBITRATION NOTICE: BY INITIALING IN THE SPACE BELOW EACH PARTY IS
AGREEING TO HAVE ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF
OR RELATING TO THIS AGREEMENT DECIDED BY A NEUTRAL BINDING
ARBITRATION, AND EACH PARTY IS GIVING UP ANY RIGHTS EACH SUCH PARTY
MIGHT POSSESS TO HAVE THOSE MATTERS LITIGATED IN A COURT OR JURY TRIAL.
BY INITIALING IN THE SPACE BELOW EACH PARTY IS GIVING UP ITS JUDICIAL RIGHT
TO DISCOVERY AND APPEAL. IF EITHER PARTY REFUSES TO SUBMIT TO
ARBITRATION AFTER AGREEING TO THIS PROVISION, SUCH PARTY MA Y BE
COMPELLED TO ARBITRATE UNDER FEDERAL OR STATE LAW. THE PARTIES
AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
EACH PARTY HAS READ AND UNDERSTANDS THE FOREGOING AND AGREES TO
SUBMISSION OF ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR
RELATING TO THIS AGREEMENT TO NEUTRAL BINDING ARBITRATION IN ACCORDANCE
WITH THIS AGREEMENT
Owner
City
The "award" shall be made by the arbitrator within sixty (60) days after the matter has been
submitted to arbitration.
Prior to the appointment of the arbitrator and within ten (10) days of the date of
commencement of the arbitration the parties shall submit the dispute to JAMS for mediation. The
parties will cooperate with JAMS and with one another in selecting a mediator from JAMS panel of
neutrals, and then promptly scheduling the mediation proceedings. The parties covenant that they
will participate in the mediation in good faith, and that they will share equally in its costs. All offers,
promises, conduct and statements, whether oral or written, made in the course of the mediation by
any ofthe parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS
employees are confidential, privileged and inadmissible for any purpose, including impeachment, in
any arbitration or other proceeding involving the parties, provided that evidence that is otherwise
admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its
use in the mediation. If the dispute is not resolved within thirty (30) days from the date of the
submission of the dispute to mediation (or such later date as the parties may mutually agree in
writing) the administration of the arbitration shall proceed forthwith while the mediation may
continue, if the parties so agree. Unless otherwise agreed by the parties, the mediator shall be
disqualified from serving as arbitrator in the case. Pendency of the mediation shall not preclude a
party from seeking provisional remedies in aid of the arbitration from a court of appropriate
jurisdiction, and the parties agree not defend against any application for provision relief on the
ground that a mediation is pending.
7.8 Interim Relief. In the event that Project, or any part, is delayed as a result of
any action under Section 7.5 and/or Section 7.7, Owner's obligation to pay fees under Sections 5.1.7,
5.1.8 and/or 5.1.9 shall be suspended until such action is resolved in favor of continuing the Project.
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7.9 Entitlements Survive Termination. The parties acknowledge that the
Entitlements survive termination of this Agreement unless and until the City takes action, within its
police power authority to modify and/or revoke all or any portion of such Entitlements, or unless and
until termination of the Entitlements occurs automatically, if ever. Accordingly, if this Agreement is
terminated and, provided that the Entitlements are not modified or revoked in accordance with the
City police power, the City shall not collect and/or impose the fees set forth in Sections 5.1.7, 5.1.8
and/or 5.1.9 in connection with development pursuant to the Entitlements. Notwithstanding the
foregoing, Owner's obligation to pay to the City the fees set forth in Sections 5.1.7,5.1.8 and 5.1.9
shall survive termination of this Agreement if termination is due to Owner's Default.
7.10 Miscellaneous.
(1) City does not waive any claim of defect in performance by Owner, if
on Periodic Review the City does not propose to modify or terminate this Agreement.
(2) Non-performance shall not be excused because of a failure of a third
person.
(3) Adoption of a law or other governmental activity making
performance by either party unprofitable or more difficult or more expensive does not excuse the
performance of the obligation by the other party.
8. MORTGAGEE PROTECTIONS
8.1 Right to Owner/Notice/Multiple Mortgagees. Owner shall have the
absolute right to encumber Owner's right, title and interest in, to and under this Agreement and the
Property pursuant to one or more Mortgages. Because certain portions of the Project may be
developed by one or more assignees, the Parties acknowledge and agree that different Mortgages
may encumber the Property and that there may be a separate Mortgage in effect with respect to
separate parcels within the Property. It is the intention of the Parties that the rights and protections
granted in this Section 8 to each Mortgagee shall only apply to the parcels upon which such
Mortgagee's Mortgage is a lien (each a "Mortgage Parcel"), and to the rights, privileges and
obligations under this Agreement relating to such Mortgage Parcel.
8.2 Notice of Breach to Mortgagee or Deed of Trust Holders; Right to Cure.
With respect to any mortgage or deed of trust granted by Owner as provided herein, whenever the
City delivers any Notice or demand to Owner with respect to any Breach by Owner under this
Agreement and if Owner fails to cure the Breach within the time set forth herein, the City shall
deliver to each Mortgagee a copy of such notice or demand accompanied by a writing to the affect
that Owner has failed to cure a Breach ("Mortgagee Notice"); provided that Owner or Mortgagee has
provided City with addresses for such purpose. Each such Mortgagee shall (insofar as the rights
granted by the City are concerned) have the right, at its option, within thirty (30) days after the
receipt of the Mortgagee Notice, to cure or remedy or commence to cure or remedy and thereafter to
pursue with due diligence the cure or remedy of any such Breach and to add the cost thereof to the
mortgage debt and the lien of its mortgage; provided, however if the Mortgagee is legally prevented
from curing such Breach because of a bankruptcy by the Owner then the thirty (30) day period shall
be tolled until such bankruptcy is confirmed or rejected. Nothing contained in this Agreement shall
be deemed to permit or authorize such Mortgagee to take advantage of Owner's rights hereunder, or
any portion thereof, without first having expressly assumed Owner's obligations to the City by
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written agreement reasonably satisfactory to the City. It is understood that a Mortgagee shall be
deemed to have satisfied the thirty (30) day time limit set forth above for commencing to cure or
remedy a Owner default which requires title and/or possession of the Site (or portion thereof) if and
to the extent any such Mortgagee has within such thirty (30) day period commenced proceedings to
obtain title and/or possession and thereafter the Mortgagee diligently pursues such proceedings to
completion and cures or remedies the Breach, provided that, in such event, all noncurable Defaults
shall be waived.
8.3 Mortgagee Not Obligated Under the Agreement. Unless a Mortgagee
expressly assumes Owner's Obligations to the City in accordance with 8.2 above, no Mortgagee shall
in any way be obligated by the provisions of this Agreement, nor shall any covenant or any other
provision in this Agreement be construed so to obligate such Mortgagee. Nothing in this Agreement
shall be deemed to construe, permit or authorize any such Mortgagee to devote the Mortgage Parcel
to any uses or to construct any improvements thereon, other than those uses or improvements
provided for or authorized by this Agreement.
8.4 No Liability. No Mortgagee shall have any personal liability beyond its
interest in the Mortgage Parcel acquired by it through enforcement of its Mortgage for the
performance or payment of any covenant, liability, warranty or obligation hereunder, and the City
agrees that it shall look solely to the interests of such Mortgagee in such Mortgage Parcel for
payment or discharge of any such covenant, liability, warranty or obligation.
8.5 No Amendment or Termination. This Agreement shall not, without the
prior written consent of all Mortgagees holding Mortgages on each portion of the Property to be
affected thereby, be amended so as to (a) terminate this Agreement prior to the expiration of the
Term hereof (except as provided in Section 8.4 above with respect to such Property); or (b) change
any provision of this Agreement which, by its terms is specifically for the benefit of Mortgagees or
specifically confers rights on Mortgagees. No amendment to this Agreement affecting the Property
or any part thereof, made without the consent of any Mortgagee holding a Mortgage on such
Property, or any part thereof, shall be binding upon such Mortgagee or its successors in interest
should it become a party hereto.
8.6 Condemnation or Insurance Proceeds. Nothing in this Agreement shall
impair the rights of any Mortgagee, pursuant to its Mortgage, to receive insurance and/or
condemnation proceeds which are otherwise payable to Owner granting such Mortgage.
8.7 Title by Foreclosure. Except as otherwise set forth herein, all of the
provisions contained in this Agreement applicable to any of the Mortgage Parcel shall be binding on
and for the benefit of any person who acquires title to the property, or any part thereof, by
foreclosure under a Mortgage or transfer by deed in lieu.
8.8 Delegation to Mortgagee. Owner may delegate and/or assign irrevocably to
any Mortgagee the non-exclusive authority to exercise any or all of Owner's obligations and/or rights
hereunder with respect to the Mortgage Parcel, but no such delegation shall be binding upon the City
unless and until either Owner or such Mortgagee shall give to the City a true and correct copy of a
written instrument effecting such delegation. Such delegation of authority may be effected by the
terms of the Mortgage itself, in which case service upon the other Party of an executed counterpart or
conformed copy of said Mortgage, together with written notice specifying the provisions therein
which delegates such authority to said Mortgagee, shall be sufficient to give such other Party notice
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of such delegation. No such delegation or assignment shall relieve the Owner of that Mortgage
Parcel of any of its obligations hereunder with respect to such Mortgage Parcel.
8.9 No Obligation to Cure. Nothing herein contained shall require any
Mortgagee to cure any default of Owner referred to above.
8.10 Separate Agreement. The City shall, upon request, execute, acknowledge
and deliver to each Mortgagee requesting same, an agreement prepared at the sole cost and expense
of Owner, in form satisfactory to such Mortgagee and the City, between the City and the Mortgagees,
agreeing to all of the provisions hereof, provided Owner pays for all legal and other consulting costs
incurred by City in reviewing same.
8.11 Estoppel Certificate. Within thirty (30) days after written request therefore,
the City shall execute and deliver to any proposed Mortgagee in connection with its new Mortgage
and to such Mortgagee thereafter from time to time an estoppel certificate in form and substance
satisfactory to Owner and such Mortgagee ("Estoppel Certificate"). The City hereby agrees to
reasonably cooperate in including in any such Estoppel Certificate from time to time any provision
which may reasonably be requested by any proposed Mortgagee for the purpose of implementing the
Mortgagee protection provisions contained in this Section 8 and allowing such Mortgagee reasonable
means to protect or preserve the lien and security interest of its Mortgage hereunder, clarifying the
non-applicability ofthe provisions ofthis Agreement to such Mortgagee as it relates to parcels other
than the Mortgage Parcel, and/or such other terms and provisions as are customarily required by
Mortgagees (taking into account the customary requirements of their participants, syndication
partners or ratings agencies) in connection with any such financing; provided, however, that no such
Estoppel Certificate shall in any way materially adversely affect any rights of the City or increase
any obligations of City under this Agreement.
8.12 Conflicts. Ifthere is any conflict between this Section 8 and any other
provision contained in this Agreement, this Section 8 shall control
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. All waivers of the provision of this Agreement must be in writing and
signed by the appropriate authorities of City or of Owner. All amendments to this Agreement must
be in writing signed by the appropriate authorities of City and Owner, in a form suitable for
recording in the Official Records of Orange County, California. Within ten (10) days following the
effective date ofthis 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 with respect
to the completion of construction of each Element or its revocation or termination, an appropriate
Certificate of Completion acknowledging such occurrence signed by the appropriate agents of Owner
and City shall be recorded in the Official Records of Orange County, California.
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9.3 Project as a Private Undertaking. It is specifically understood by the
parties that: (a) the Project is a private development for purposes of Government Code Section 65864
et seq.; (b) City has no interest in or responsibilities for or duty to third parties concerning any
improvements to the Property or in connection with the Project; and (c) Owner shall have the full
power and exclusive control of the Property subject to the obligations of Owner set forth in this
Agreement.
9.4 Incorporation of Recitals. The Recitals set forth in Section 1 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. Unless another standard is specifically given, 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 ofthe essence for each provision ofthis
Agreement of which time is an element.
9.9 Conflicts of Law. In the event that state or federal laws or regulations
enacted after this Agreement has been entered into or the action or inaction of any other affected
governmental jurisdiction prevent or preclude compliance with one or more provisions of this
Agreement or require changes in plans, maps, or permits approved by the City, the parties shall
provide the other party with written notice of such state or federal restriction, provide a copy of such
regulation or policy, and a statement of conflict with the provisions of this Agreement. The parties
shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modify this
Agreement to comply with such federal or state law or regulation. Thereafter, regardless of whether
the parties reach an Agreement on the effect of such federal or state law or regulation upon the
Agreement, the matter shall be scheduled for hearing before the Council. Public notice of such
hearing shall be given pursuant to Government Code Section 65854.5. The City Council, at such
hearing, shall determine the exact modification or suspension which shall be necessitated by such
federal or state law or regulation pursuant to Government Code Section 65869.5. At the hearing
Owner shall have the right to offer oral and written testimony.
9.10 Enforced Delay; Extension of Time of Performance. In addition to
specific provisions of this Agreement, performance by either party hereunder shall not be deemed to
be in Default, and all performance and other dates specified in this Agreement shall be extended,
where delays or Defaults are due to Litigation; inability to secure necessary labor materials or tools;
or inability to secure debt and/or equity financing on commercially reasonable terms or withdrawal
of such financing not caused by any act or omission of Owner; war; insurrection; strikes; lockouts;
riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; acts of terrorism;
epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental
restrictions or priority; building moratoria; unusually severe weather; acts or omissions of the other
party; acts or failures to act of any other public or governmental agency or entity (other than the acts
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or failures to act of the City which shall not excuse performance by the City); or any other causes
beyond the control or without the fault of the party claiming an extension of time to perform.
Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause
shall be for the period reasonably attributable to the enforced delay and shall commence to run from
the time of the commencement of the cause. Times of performance under this Agreement may also
be extended in writing by the mutual agreement of the Parties.
9.11 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.
9.12 Subdivision of Project. The City agrees that, pursuant to the Applicable
Rules, Owner may modify the boundaries of existing lots ofthe Property within the Property by
means of lot line adjustments. This Section 9.12 shall survive termination of this Agreement.
9.13 Severability. If any provisions, conditions, or covenants ofthis Agreement,
or the application thereof to any circumstances of either Party, shall be held invalid or unenforceable,
the remainder ofthis Agreement or the application of such provision, condition, or covenant to
persons or circumstances other than those as to whom or which it is held invalid or unenforceable
shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.
9.14 Waiver. No waiver of any provision of this Agreement shall be effective
unless in writing and signed by a duly authorized representative of the Party against whom
enforcement of a waiver is sought and such waiver refers expressly to this Section. No waiver of any
right or remedy in respect of any occurrence or event shall be deemed a waiver of any right or
remedy in respect of any other occurrence or event.
9.15 No Personal Liability. No board member, councilmember, official or
employee of the City shall be personally liable to Owner nor shall any individual, principal, partner,
member or shareholder of Owner be personally liable to City in the event of any default or breach.
9.16 Conditions of Discretionary Approvals. Entitlements shall be governed by
the terms of the approvals of such Entitlements and, in no event, shall such Entitlements be affected
by the termination, rescission, revocation, Default or expiration of this Agreement.
9.17 Precedence. In the event of a conflict between the terms of this Agreement
and the terms of the Entitlements, the terms of this Agreement shall prevail.
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IN WITNESS WHEREOF, this Agreement has been executed by the City of Santa
Ana and by Property Owner.
Dated this _ day of
,200_
THE CITY OF SANTA ANA
By
DAVIDN. REAM
City Manager
Approved as to Form:
By
JOSEPH W. FLETCHER
City Attorney
THE GRAND PLAN 2, LLC
A California ~it~d Liability Company
By ~ Q- () -.h....r-
Name c.u..,~~ c>l~QVI
Its fV \e-m
DOCSOC/II I0339v7/24579-0001
23
758-110
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this day of , 200_, before me,
a Notary Public in and for said state, personally appeared
, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the City Manager of THE CITY OF SANTA ANA, the charter city that
executed the within instrument, known to me to be the person who executed the within instrument on
behalf of the municipal corporation therein named, and acknowledged to me that such municipal
corporation executed the within instrument pursuant to its bylaws or a resolution of its City Council.
WITNESS my hand and official seal.
NOTARY PUBLIC
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this \ 5 --t+J day of J l) n e.. , 200Q:before me,
(Yl(;(+\htvJ fJy Kc\I.(..ffna V\ , a Notary Public in and for said state, personally appeared
ClAr+-;s\2.. O\~o""'" , personally known to me (or proved tome on the basis of
satisfactory evidence) to be the rY\ eM De" r of -rh {.. (;-ro n~ P It' 11 2 LLC ., the
. I
e.V1+ \-\-~ that executed the within instrument, known to me to be the person who
executed t e wlthm mstrument on behalf of the mUnICIpal corporation therem named, and
acknowledged to me that such municipal corporation executed the within instrument pursuant to its
bylaws or a resolution of its Board.
WITNESS my hand and official seal.
~~~
NOTARY PUBLIC
- AA & aAAA -
e.. MATTHEW 8. KAU. .---
~.'1385970 I
NOTMYI'WUC. ~ ,
ORANGE COUNlY ~
Comm.Exp. JUt Y 22 2006
~- ~- ~
DOCSOC/I 1 10339v7/24579-0001
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758-111
EXHIBIT A
PROPERTY DESCRIPTION
OWNER PARCEL
PARCELS 1,2,3 & 5 OF PARCEL MAP NO. 89-439, IN THE CITY OF SANTA ANA, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 262,
PAGES 7 THROUGH 10 INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY
THAT PORTION OF FRACTIONAL SECTION 31, IN TOWNSHIP 5 SOUTH, RANGE 9 WEST,
BEING A PORTION OF THE LAND ALLOTTED TO JAMES MC FADDEN, IN THE FINAL
DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN
CASE NO. 1192, ENTERED SEPTEMBER 12, 1868 IN BOOK B, PAGE 410 OF JUDGEMENTS
OF 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF MAIN STREET, 66.00 FEET WIDE,
SAID CENTER LINE BEING THE WESTERLY LINE OF SAID SECTION 31, SAID POINT
BEING DISTANT THEREON NORTH 1 DEG. 28' 19" EAST, 2891.68 FEET FROM THE
INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE OF NEWPORT
AVENUE, 60.00 FEET WIDE, AS SHOWN ON A MAP FILED IN BOOK 10, PAGE 7,
RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY; THENCE ALONG COURSES 1,2 AND 3 DESCRIBED IN A FINAL
ORDER OF CONDEMNATION, A COPY OF WHICH WAS RECORDED APRIL 9, 1964 IN
BOOK 6998, PAGE 401, OFFICIAL RECORDS OF SAID ORANGE COUNTY, THE
FOLLOWING COURSES AND DISTANCES; SOUTH 88 DEG. 31'41" EAST 50.00 FEET;
NORTH 46 DEG. 28' 17" EAST, 35.36 FEET; SOUTH 88 DEG. 31' 41" EAST, 127.00 FEET
TO THE INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND 202.00 FEET
EASTERLY, MEASURED AT RIGHT ANGLES FROM SAID CENTER LINE OF MAIN
STREET; THENCE SOUTH 1 DEG. 28' 19" WEST, ALONG SAID PARALLEL LINE 160.00
FEET; THENCE NORTH 88 DEG. 31' 41" WEST, AT RIGHT ANGLES TO SAID CENTER
LINE, 202.00 FEET TO SAID CENTER LINE; THENCE NORTH 1 DEG. 28' 19" EAST,
ALONG SAID CENTER LINE, 135.00 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING.
PARCEL 1 AS SHOWN ON EXHIBIT "B" OF THAT CERTAIN LOT LINE ADJUSTMENT NO.
01-08, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA,
RECORDED AUGUST 15, 2001 AS INSTRUMENT NO. 20010566652, OF OFFICIAL
RECORDS.
FRIED PARCEL
PARCEL 2 AS SHOWN ON EXHIBIT "B" OF THAT CERTAIN LOT LINE
ADJUSTMENT NO. 01-08, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, RECORDED AUGUST 15, 2001 AS INSTRUMENT NO.
20010566652, OF OFFICIAL RECORDS.
A-I
DOCSOC/llI0339v7/24579-0001
758-112
I
-
EXHIBIT B
PUBLIC ART PLAN
1. Public Art shall be comprised of a single art piece or grouped art pieces to be placed at a final
location to be determined as specified in paragraph 5.8 ofthis 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 City's Planning Commission at least twelve (12) months prior to the
time set forth in Section 5.8.1.A. All public art approved by the Planning Commission in the
Public Art Plan shall be completely installed as provided in paragraph 5.8.1 ofthis
Agreement.
2. Art should be sited to complement features such as plaza or architectural components so that
the art is an integral part of the development site.
3. Public art should be constructed using durable materials and finishes including but not
limited to stone or metal.
4. No art piece provided pursuant to the public art requirement shall include advertising of any
type, including but not limited to products, services or businesses.
5. All public art provided pursuant to the public art requirement shall be properly maintained at
all times, be free of any graffiti and shall not incorporate any flashing or distracting form of
illumination.
6. All art pieces approved and installed pursuant to the Public Art Plan shall remain on the
project site and may not be removed without the approval of the Planning Commission.
7. Expenses Not Allowed from Art Allocation
1. Expenses to locate the artist (e.g., airfare for artist interviews, etc.)
11. Architect and Landscape Architect fees.
111. Landscaping around a sculpture that is not included as part ofthe 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.
VI. Publicity, public relations, photographs, educational materials, business letterhead or
logos bearing artwork image.
VII. Dedication ceremonies, including sculpture unveilings or grand openings.
B-1
DOCSOCI!] 10339v7/24579-000l
758-113
COOPERATIVE AGREEMENT FOR
OFF-SITE IMPROVEMENTS
THIS Agreement is entered into this day of ,2005, by and between
the SANDPOINTE NEIGHBORHOOD ASSOCIATION, INe., a California, non-profit public
benefit and federal 50 1 (c)(3) corporation ("Sandpointe"), the NEXUS DEVELOPMENT
CORPORATION/CENTRAL DIVISION, INC. a California corporation and The Grand Plan 2,
LLC, a California Limited Liability Company (collectively referred to herein as "Nexus"),
COASTAL RIM PROPERTIES, INC., a California corporation ("Geneva Commons"), the
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body
corporate and politic (the "Agency"), and the CITY OF SANTA ANA, a charter city and municipal
corporation duly organized and existing under the Constitution and laws of the State of California
(the "City").
WITNESSETH
A. Nexus has proposed constructing at Hutton Center a five level residential
condominium project, two 23-residentiallevel condominium high-rise and one 24-residentiallevel
condominium (for a total not to exceed 835 condominium units), together with ancillary retail not to
exceed 14,000 square feet (the ''Nexus Project").
B. Geneva Commons has proposed constructing at the northeast comer of MacArthur
Boulevard and Imperial Promenade an approximately 278-unit condominium project consisting of
an 18-residentiallevel high rise project and an eight-story building, together with ancillary retail (the
"Geneva Commons Project").
e. Sandpointe is a non-profit corporation that serves as a conduit between the
Sandpointe Neighborhood ("Neighborhood") and outside community and political interests.
Sandpointe Neighborhood is a residential neighborhood of single family and some multi-family
homes in the southeast portion of Santa Ana. The Sandpointe Neighborhood consists of
approximately 800 residences. Sandpointe does not have the authority to bind any individual
resident of the Sandpointe Neighborhood.
D. The Agency is a community redevelopment agency, as that term is defmed in
California Health & Safety Code S 33100. In 1982, the Agency created the South Main
Redevelopment Project Area ("Project Area"), and Nexus and Geneva Commons are located within
the Project Area.
E. Sandpointe has identified certain physical improvements needed in the area of the
Neighborhood that are necessitated by or would in some way offset the impact of the two
development projects. Nexus and Geneva Commons desire to contribute towards the cost and/or
construction of those improvements to the Sandpointe neighborhood in addition to and to
EXHIBIT C
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758-114
supplement the mitigation measures and conditions of approval imposed by the City of their
respective developments. Those improvements are set forth in Exhibit A, attached hereto and made
a part hereof by this reference ("Improvements").
F. The Agency is willing to assist in the funding of the improvements but only from a
portion ofthe tax increment actually generated by the Nexus and Geneva Commons Projects and to
fund specified improvements that would reduce blight and benefit the Project Area.
G. The City's participation in this Agreement is limited to coordination of funding
and/or construction of certain, herein specified publicly owned improvements.
H. Nexus has agreed to construct some of the improvements, and pay for the
construction of others, as more fully set forth below ("Nexus Improvements").
I. Geneva Commons has agreed to pay for a portion of the Nexus Improvements.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF WORK
A. Nexus shall construct and/or fund the improvements identified as "Nexus
Improvements" in Exhibit A hereto according to the schedule set forth in Exhibit B to this
Agreement, attached hereto and incorporated herein by this reference. Nexus shall be entitled to full
use of the funds deposited in the Nexus Escrow to undertake the Nexus Improvements.
B. In consideration for Nexus' agreement to construct and/or fund the Nexus
Improvement, Geneva Commons agrees to contribute a sum equal to its pro-rata share of residential
units between itself and Nexus (which is currently twenty-five percent (25%) pursuant to those
numbers set forth in sections A and B of the Recitals above) of the cost of the Nexus Improvements,
towards the cost thereof payable at the time called for below. Notwithstanding the foregoing, if
Nexus has not executed this Agreement prior to the date this Agreement becomes binding on
Geneva Commons (which the parties agree shall conclusively deemed to be the first day upon which
this Agreement has been executed by Geneva Commons, the City, the Agency and Sandpointe), then
Geneva Commons pro-rata share contribution to the Nexus Escrow shall be conclusively fixed at
twenty-five (25%) regardless of the actual number of residential units approved for it and Nexus.
C. If the entire Nexus and Geneva Commons Projects are constructed, Agency shall
cause the construction of the improvements identified as "Publicly-Owned Improvements" in
Exhibit A hereto according to the schedule set forth in Exhibit C to this Agreement, attached hereto
and incorporated herein by this reference. The parties acknowledge and agree that the total cost of
the publicly owned improvements, including studies, design and overhead, shall not exceed Five
Million Dollars ($5,000,000.00).
2
758-115
2. COMPENSATION AND METHOD OF PAYMENT
A. Nexus shall, within sixty (60) days of execution of this Agreement, open an escrow
account at First American Title Insurance Company, 2 First American Way, Santa Ana, California,
or an equivalent escrow company approved in advance by Geneva Commons and Sandpointe, for
deposit of funds to be used to pay for the Nexus Improvements (referred to herein as the ''Nexus
Escrow").
B. Sandpointe shall deposit $1,000.00 into the Nexus Escrow on the Escrow
Submission Date no later than the date the of the fIrst payment made pursuant to paragraph 2.D. of
this Agreement.
C. Prior to the deadline specifIed in paragraph 2.D. of this Agreement, Nexus and
Geneva Commons shall meet and confer in good faith to agree upon the estimated cost of the Nexus
Improvements. If, at any time, either Geneva Commons or Nexus determines that such agreement
is not possible, then the objecting party shall submit its dispute in writing, together with any
evidence upon which it relies to the Executive Director of the City's Public Works Agency and the
other party. Within fifteen (15) days of its receipt of said notice, the non-objecting party shall then
have fIfteen (15) days to submit any response it has to the City and the objecting party. The
Executive Director of the City's Public Works Agency or designee shall then, within thirty (30)
days of receipt of the response, if any, or the expiration of said deadline, inform both Geneva
Commons and Nexus in writing of the fInal determination of the estimated total cost, which all
parties agree shall be conclusive and binding upon both Nexus and Geneva Commons. Thereafter,
Nexus and Geneva Commons shall deposit their respective shares of the estimated cost of the Nexus
Improvements as set forth in paragraph LB. of this Agreement, less $1,000.00, into the Nexus
Escrow no later than the date specifIed in paragraph 2.D. of this Agreement.
D. Nexus shall pay into the Nexus Escrow no later than (i) the date the fIrst building
permit is issued by the City for the Nexus Project, or (ii) a date ninety (90) days after the issuance of
entitlements to Nexus, provided no litigation or referendum petition challenging Nexus has been
fIled and served on the City, whichever comes later. Geneva Commons shall pay into the Nexus
Escrow no later than (i) the date the fIrst building permit is issued by the City for the Geneva
Commons Project, or (ii) a date ninety (90) days after the issuance of entitlements to Geneva
Commons, provided no litigation or referendum petition challenging Geneva Commons has been
fIled and served on the City, whichever comes later.
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758-116
E. The Agency shall pay the City its cost incurred by the City for the Publicly-Owned
Improvements set forth in Exhibit A to this Agreement; provided, however that total commitment
by the City and Agency toward the Publicly-Owned Improvements shall not exceed FIVE
MILLION DOLLARS ($5,000,000.00). If the items set forth as Publicly-Owned Improvements in
Exhibit A are found to cost more than this sum, then the Agency shall, in the exercise of its sole and
absolute discretion, limit or eliminate Publicly-Owned Improvements set forth in Exhibit A;
provided, however, that the Agency shall proceed with the Publicly-Owned Improvements in the
order as set forth in said Exhibit.
3. NEXUS CONSTRUCTION DRAWINGS AND RELATED DOCUMENTS
A. Nexus shall prepare and submit construction drawings and related documents for
items listed on Exhibit A to the City for review (including, but not limited to, architectural review)
and written approval as and at the times established in the Schedule of Performance set forth in
Exhibit B to this Agreement. The construction drawings and related documents shall be submitted
in two stages: (i) the Preliminary Site Plans and (ii) Final Site Plans.
B. During the preparation of all drawings and plans, City staff and Nexus shall hold
regular progress meetings to coordinate the preparation of, submission to, and review of construction
plans and related documents by the City. The City staff and Nexus shall conununicate and consult
informally as frequently as is necessary to insure that the formal submittal of any documents to the
City can receive prompt and speedy consideration.
C. Any revision or correction of plans required by the City shall be deemed approved by
the Agency, Geneva Conunons and Sandpointe.
D. Neither the City, the Agency, Sandpointe or Geneva Conunons shall have any
ownership interest in, or any right to use, the Preliminary Site Plans or the Final Site Plans submitted
by Nexus, nor shall the City, the Agency, Sandpointe or Geneva Conunons authorize the right to use
any such plans or drawings to any person or entity.
4. APPROVAL OF NEXUS PLANS, DRAWINGS AND RELATED DOCUMENTS
A. The City shall have the right of reasonable review (including, but not limited to,
architectural review) of all plans, drawings and related documents including any proposed changes
therein. The City shall approve or disapprove such plans, drawings, and related (and any proposed
changes therein) within the times established in the Schedule of Performance set forth in Exhibit B
hereto. Such approval shall not be unreasonably withheld.
B. Any disapproval shall state in writing the reasons for disapproval. The City shall
have the right to disapprove, in its reasonable discretion, any of the Final Plans if the Final Plans do
not conform to the Approved Plans, the approved Preliminary Plans or do not conform to Exhibit A
to this Agreement, or are incomplete.
4
758-117
C. The City shall state in writing the reasons for disapproval of the Final Plans within
sixty (60) days of receipt of copies of such Final Plans. Failure to respond within this sixty (60) day
period shall not be grounds for resubmittal.
D. Nexus, upon receipt of a notice of disapproval, shall revise such portions of the
plans, drawings or related documents in a manner that reasonably satisfies the reasons for
disapproval and shall resubmit such revised portions to the City as soon as possible after receipt of
the notice of disapproval. Plans, drawings, and related documents receiving City approval shall not
be subsequently disapproved. Nexus shall ensure that all of its plans, drawings and related
documents comply with all Governmental Requirements.
5. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF NEXUS
IMPROVEMENTS
a. Nexus shall construct and/or fund, utilizing the Nexus Escrow, the improvements in
conformance with Exhibit A to this Agreement and the approved Final Plans. To the extent that the
cost of the Nexus Improvements, constructed in conformance with Exhibit A to this Agreement and
the approved Final Plans, exceeds the funds in the Nexus Escrow, Nexus and Geneva Commons
shall be solely responsible for said costs, with each responsible for any additional cost to the same
percentage as is set forth in paragraph I.B. of this Agreement. Nexus shall complete or fund, as the
case may be, the construction of the improvements in conformance with the schedule set forth in
Exhibit B to this Agreement.
b. The parties acknowledge and agree that the Block Wall identified as Item No.1 on
Exhibit A will be constructed on the properties of dozens of individual homeowners in the
Sandpointe neighborhood, none of whom are parties to this Agreement. The parties agree to use
their best efforts to obtain permission of each of these individual property owners to construct this
Block Wall and to permit the City to permanently maintain the climbing ivy along the exterior of the
wall. However, it is the parties understanding and intent that should any property owner refuse to
agree to permit the construction and/or exterior ivy maintenance ("hold outs"), that the Block Wall
will be constructed regardless of any hold-outs, and that Nexus shall construct the Block Wall in
such fashion as to join the Block Wall to existing wall segments owned by hold outs and minimize
any negative aesthetic impact caused by such hold outs. Nexus agrees to hold Sandpointe and its
officers, directors, employees and agents harmless from any claim by any and all property owners
including such hold outs arising out of the construction of the Block Wall in which Sandpointe, or its
officers, directors, employees or agents are named. Nexus shall be permitted to select counsel to
defend Sandpointe at the expense of Nexus. In the event ofa potential conflict of interest between
Sandpointe and Nexus, Sandpointe shall have the right to select independent counsel. All fees and
costs of independent counsel selected by Sandpointe for defense of any claim arising out of or
relating to any claims described herein shall be paid by Nexus on behalf ofSandpointe.
~
758-118
6. AGENCY NOTICE TO PROCEED FOR DESIGN AND CONSTRUCTION OF
PUBLICLY OWNED IMPROVEMENTS
Upon the issuance of a certificate of occupancy pursuant to the California Building Code for
(i) all residential units in a minimum of two of the three high-rise towers in the Nexus Project, and
(ii) all residential units in the Geneva Commons Project, the Agency shall give the City a notice to
proceed to design and construct the Publicly-Owned Improvements as set forth in Exhibit A. If only
a portion of the residential units have been constructed within five (5) years of the date of the
Commencement Date, then the Agency shall only give the City a notice to proceed with a partial list
of items as set forth in Exhibit C to this Agreement. The Agency's obligation to pay for the
Publicly-Owned improvements, and the City's obligation to complete these Publicly-Owned
Improvements, or any part thereof, shall be limited by the Agency's ability to fund said work from
the project-specific tax increment generated by the Nexus Project; provided, however, that City and
Agency shall construct item no. 1.a. on the list of Publicly-Owned Improvements in Exhibit A to this
Agreement regardless of the project-specific tax increment received by the Agency.
7. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF PUBLICLY
OWNED IMPROVEMENTS
a. City shall construct the Publicly-Owned Improvements in conformance with the
schedule set forth in Exhibit C to this Agreement and the approved Final Plans; provided, however,
that the Agency and City shall have no obligation once the cost of the Publicly-Owned
Improvements exceeds Five Million Dollars ($5,000,000.00). If the cost of the Publicly-Owned
Improvements, including all design, administrative and construction costs exceed $5,000,000.00,
then the City shall construct only that portion of the Publicly Owned Improvements as specified in
Exhibit C in the exercise of the Agency's sole and absolute discretion.
b. City shall, at the conclusion of the plant establishment phase specified in Exhibit B,
additionally maintain the climbing vines and irrigation constructed by Nexus along the outside of the
block wall, referenced in item no. I on Exhibit A hereto, but the City's obligation to maintain the
climbing vines shall only apply to those property owners who execute a fas:ade easement with the
City in a form approved by the City Attorney permitting the City to maintain said climbing vines and
indemnifying the City from any liability caused by said climbing vines and/or irrigation. Sandpointe
shall be responsible for obtaining signatures from these individual homeowners.
8. LIABILITY AND INDEMNIFICATION DURING CONSTRUCTION; BODILY INJURY
AND PROPERTY DAMAGE INSURANCE
A. From and after the Effective Date, Nexus and Geneva Commons agree to and shall
indemnify and hold Agency, City and Sandpointe, and their respective officers, directors, agents and
employees harmless from and against all damages to property or injuries to or death of any person or
persons, including employees or agents of Agency or City, and shall defend, indemnify and save
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758-119
Agency, City and Sandpointe, and their officers, agents, and employees, from any and all claims,
demands, suits, actions, or proceedings of any kind or nature, including, but not by way of limitation,
workers' compensation claims of or by anyone whomsoever, in any way resulting from the negligent
or wrongful acts or omissions of Nexus or Geneva Commons or their respective employees, agents
or subcontractors. For itself and no other, Sandpointe agrees to hold harmless Agency, City and
their respective officers, directors, agents and employees from and against all damages to property or
injuries to or death of any person or persons, in any way resulting from the negligent or wrongful
acts or omissions of Nexus or Geneva Commons, or their respective employees, agents or
subcontractors. This Agreement shall not be interpreted or construed to obligate Sandpointe, its
officers, directors or agents, or the Neighborhood to defend, indemnify or to answer in any way for
the Agency the City or their respective officers, directors, agents or employees for such claims.
B. Prior to the commencement of construction, Nexus or any other party working within
the real property of the City or Agency, shall obtain at its sole cost and file with the City and
Agency, and maintain for the period covered by this Agreement, a policy or policies ofliability
insurance or a certificate of such insurance, consistent with this Agreement, naming Agency, the
City and Sandpointe, their officers, directors, agents, and employees, as insured or additional
insured, which provides coverage not less than that provided in the form of a comprehensive general
liability insurance policy against liability for any and all claims and suits for damages or injuries to
persons or property resulting from or arising out of operations of Nexus, its officers, directors,
agents, or employees. Said policy or policies of insurance shall provide coverage for both bodily
injury and property damage in not less than One Million Dollars ($1,000,000) combined single limit,
or its equivalent. Said policy or policies shall also contain a provision that no tennination,
cancellation, or change of coverage of insured shall be effective until after thirty (30) days notice
thereof has been given in writing to City and Agency. Nexus shall give to Agency and City prompt
and timely notice of claim made or suit instituted arising out of Nexus operations hereunder. Nexus
may procure and maintain, at its own cost and expense, any additional kinds and amounts of
insurance, which in its own judgment may be necessary for its proper protection in the prosecution
of the work. All insurance policies shall be written by responsible and solvent insurance companies
and shall include an additional insured endorsement in substantially the form of Exhibit D, attached
hereto and incorporated herein by this reference
9. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS.
Nexus shall carry out the design, construction, and operation of the Nexus Improvements in
substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders,
and decrees of the United States, the State of 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 or Nexus, including all applicable federal,
state, and local occupation, safety and health laws, rules, regulations and standards, applicable state
and labor standards, applicable prevailing wage requirements, the City zoning and development
standards, City permits and approvals, building, plumbing, mechanical and electrical codes, and all
other provisions of the City and its Municipal Code, and all applicable disabled and handicapped
7
758-120
access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.c.
S 12101 et seq., Government Code S 4450 et seq., and the Unruh Civil Rights Act, Civil Code S 51
et seq. ("Governmental Requirements").
10. DEFAULTS AND REMEDIES
If any party defaults in performance of its obligations, covenants or agreements hereunder,
the defaulting party shall be entitled to cure the default in accordance with this section. The injured
party shall give written notice of default to the party in default, specifying the default complained of
by the injured party. Delay in giving such notice shall not constitute a waiver of any default nor
shall it change the time of default. The defaulting party must, within thirty (30) days, following
service of said notice, commence to cure, correct or remedy such failure or delay and shall complete
such cure, correction, or remedy with reasonable diligence.
11. INSTITUTION OF LEGAL ACTIONS
Subject to the provisions of Section 13 hereof, in addition to any other rights or remedies, either
party may institute legal action to cure, correct or remedy any default to recover damages for any
default, or to obtain any other remedy consistent with the purpose of this Agreement.
12. APPLICABLE LAW
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed and construed in accordance with the laws of the State of California.
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. All parties further agree that Orange
County, California, shall be the venue for any action or proceeding that may be brought or arise out
of, in connection with or by reason of this Agreement.
13. RIGHTS AND REMEDIES ARE CUMULA TNE
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the
rights and remedies of the parties are cumulative and the exercise by either party of one or more of
such rights or remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other party.
R
758-121
14. DAMAGES
In the event that the Agency or City is liable for damages to Nexus, Sandpointe and/or Geneva
Commons, such liability shall not exceed costs incurred by Nexus, Sandpointe and/or Geneva
Commons in the performance of this Agreement and shall not extend to compensation for loss of
future income, profits or assets.
15. NOTICES, DEMAND AND COlYfMUNlCATIONS
Formal notices, demands and communications between the parties shall be sufficiently given if
dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal
offices of the Agency and the Developer as designated below. Such written notices, demands and
communications may be sent in the same manner to such other addresses as either party may from
time to time designate by mail as provided in this section.
City:
City of Santa Ana
Planning and Building Agency
20 Civic Center Plaza, M-20
Santa Ana, CA 92702
Attn: Steve Harding, Executive Director
Phone: (714) 667-2700
Fax: (714) 973-1461
with copy to:
City Attomey
20 Civic Center Plaza, M-29
Santa Ana, California 92702
Agency:
Community Development Agency
City of Santa Ana
20 Civic Center Plaza, M-25
Santa Ana, CA 92702
Attn: Patricia C. Whitaker, Executive Director
Phone: (714) 647-5360
Fax: (714) 647-6549
with copy to:
Agency General Counsel
Community Redevelopment Agency of the
City of Santa Ana
20 Civic Center Plaza, M-29
Santa Ana, California 92702
9
758-122
Sandpointe:
Sandpointe Neighborhood Association, Inc.
P.O. Box 27122
Santa Ana, California 92799
Attention: Bob Black
Nexus:
Nexus Development Corporation/Central Division, Inc.
The Grand Plan 2
1 MacArthur Place, Suite 300
Santa Ana, California 92707
Attention: Cory W. Alder
Geneva Commons:
Coastal Rim Properties, Inc.
139 East Alton Avenue
Santa Ana, California 92707
Attention: Franco Mola
A party may change its address by giving notice in writing to the other parties. Thereafter, any
notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the
new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be
effective or deemed to have been given three (3) days after it has been deposited in the United States
mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
facsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed
to have been given twenty-four (24) hours after the time set forth on the transmission report issued
by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these time frames, weekends, federal, state, County or City holidays hall be excluded.
10
758-123
16. EFFECTIVE DATE AND TERM OF AGREEMENT
This Agreement shall take effect from and after the date of adoption and approval by the
City and the Agency pursuant to official action of the governing bodies thereof and shall be effective
until completion and acceptance of the Nexus Improvements and Publicly-Owned Improvements. If
Geneva Commons is approved by the City and Nexus is not, then Geneva Commons shall take over
Nexus' obligations to construct a portion of the Nexus Improvements under this Agreement, but
shall be required to (i) meet and confer with the Agency and Sandpointe, and using the order of the
Nexus Improvements specified in Exhibit A as a guide, designate which of the Nexus Improvements
shall be constructed using Geneva Commons twenty-five percent (25%) share of the estimated cost
of the total Nexus Improvements, and (ii) the parties agree and acknowledge that all references
herein to Nexus shall be deemed to be references to Geneva Commons. If Nexus is approved and
Geneva Commons is not, then Nexus, the Agency and Sandpointe shall meet and confer in good
faith, and using the order of the Nexus Improvements specified in Exhibit A as a guide, designate
which of the Nexus Improvements shall be constructed using Nexus seventy-five percent (75%)
share of the estimated cost of the total Nexus Improvements.
17. COMMENCEMENT DATE
F or purposes of this Agreement the term "Commencement Date" shall refer to the period
after issuance of City entitlements and shall be deemed to be a date ninety (90) days after the
issuance of entitlements to Nexus and Geneva Commons (whichever comes later). The
Commencement Date shall be tolled should a valid referendum petition be presented challenging
either project, or timely litigation be filed and served challenging any of the entitlements, including
approval pursuant to the California Environmental Quality Act.
18. INTEGRATION
This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto,
and supersedes all negotiations or previous agreement between the parties with respect to all or
any the matters addressed herein. All waivers of the provisions of this Agreement must be in
writing and signed by the appropriate authorities of the parties, and all amendments hereto must
be in writing and signed by the appropriate authorities of the parties.
19. ASSIGNMENT
Nexus and Geneva Commons shall have the right to transfer or assign this Agreement, in
whole, to any person, entity (public or private), partnership, joint venture, firm or corporation
who is the owner of the real property referenced in the Recital hereto at any time during the term
of this Agreement; provided, however, the rights of Nexus or Geneva Commons under this
Agreement may not be transferred or assigned unless the written consent of the City Council is
first obtained and any transfer or assignment of the rights under this Agreement shall include in
writing the assumption of the duties, obligations, and liabilities arising from this Agreement if
11
758-124
the City grants written consent to transfer the rights. Nor shall the rights of Nexus or Geneva
Commons hereunder be subject to assignment by attachment, execution, or proceedings under
any provision of the Bankruptcy Act, and any such assignment or transfer shall be wholly void
and of no force and effect unless such written consent thereto be obtained from the City Council.
Such transfer or assignment shall not relieve Nexus or Geneva Commons of any duty, obligation
or liability to City without the consent of the City.
During the term of this Agreement, any approved assignee or transferee of the
rights under this Agreement shall observe and perform all of the duties and obligations of Nexus
or Geneva Commons contained in this Agreement as such duties and obligations pertain to the
Nexus or Geneva Commons. Any and all approved successors and assignees of Nexus or
Geneva Commons shall have all of the same rights, benefits, duties, obligations, and liabilities of
Nexus or Geneva Commons under this Agreement. If the Property is subdivided, any subdivided
parcel may be sold, mortgaged, hypothecated, assigned, or transferred to persons for
development by them. Upon assignment or transfer of the rights of Nexus or Geneva Commons
under this Agreement, the obligations of the assignor and the transferee or assignee shall be joint
and several.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
SANDPOINTE NEIGHBORHOOD,
ASSOCIATION, INC.
BY~
Name .'*t?,ffLAc!(..
Its CI{-4/.~;;tJ
NEXUS DEVELOPMENT CORPORA TION/
CENTRAL DIVISION, INC.
By
Name
Its
12
758-125
the City grants written consent to transfer the rights. Nor shall the rights of Nexus or GeI?-eva
Commons hereunder be subject to assignment by attachment, execution, or proceedings under
any provision of the Bankruptcy Act, and any such assignment or transfer shall be wholly void
and of no force and effect unless such written consent thereto be obtained from the City Council.
Such transfer or assignment shall not relieve Nexus or Geneva Commons of any duty, obligation
or liability to City without the consent of the City.
During the term of this Agreement, any approved assignee or transferee of the
rights under this Agreement shall observe and perform all of the duties and obligations of Nexus
or Geneva Commons contained in this Agreement as such duties and obligations pertain to the
Nexus or Geneva Commons. Any and all approved successors and assignees of Nexus or
Geneva Commons shall have all of the same rights, benefits, duties, obligations, and liabilities of
Nexus or Geneva Commons under this Agreement. If the Property is subdivided, any subdivided
parcel may be sold, mortgaged, hypothecated, assigned, or transferred to persons for
development by them. Upon assignment or transfer of the rights of Nexus or Geneva Commons
under this Agreement, the obligations of the assignor and the transferee or assignee shall be joint
and several.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year fIrst above written.
SANDPOINTE NEIGHBORHOOD,
ASSOCIATION, INC.
By
Name
Its
NEXUS DEVELOPMENT CORPORA TION/
CENTRAL DIVISION, INC.
By
Name
Its
k (Lo ~ ,.--
12
758-126
ATTEST:
Patricia E. Healy
Clerk of the Council
THE GRAND PLAN 2, LLC
By
Curtis R. Olson
Managing Partner
COASTAL RIM PROPERTIES, INC.
By
Name
Its
Ll~
THE CITY OF SANTA ANA
By
David N. Ream
City Manager
n
758-127
ATTEST:
Patricia E. Healy
Clerk of the Council
APPROVED AS TO FORM:
r
THE GRAND PLAN 2, LLC
By
LArLo~
Curtis R. Olson
Managing Partner
COASTAL RIM PROPERTIES, INC.
By
Name
Its
THE CITY OF SANTA ANA
By
David N. Ream
City Manager
n
758-128
ATTEST:
Patricia E. Healy
Secretary of Agency
APPROVED AS TO FORM:
1
'j
COMMUNITY DEVELOPMENT AGENCY
OF THE CITY OF SANTA ANA
By
Patricia C. Whitaker
Executive Director
14
758-129
EXHIBIT A
OFF-SITE IMPROVEMENTS
Nexus Improvements
1. Block Wall
a. Main Street between Murphy & Sunflower, and house located at 101 W. Murphy
b. North side of Sunflower between Main & alley adjacent to four plexes, excluding
sections of wall at comer of Main & Sunflower at rear of commercial building
c. Plaster and paint with one color selected by Association
d. $3,000 per house payment for repair/replacement of landscaping associated with
wall improvements upon execution of Nexus right-of-entry for construction and
exterior-wall maintenance easement. This payment shall be made by Nexus at the
time the individual property owner executes the construction easement in favor of
Nexus and permanent maintenance easement (for the climbing vines) in favor of
the City. For any "hold outs" (as defined in paragraph 6.b. of this Agreement,
Nexus shall make the $3,000 payment to Sandpointe in trust for each hold out.
e. Remove and replace 16 sections of white concrete block wall in immediate area
of MacArthur Boulevard and Flower Street, and paint with one color selected by
Association.
f. Remove and replace 4 sections of white concrete block wall along West Alton
Avenue and paint with one color selected by Association.
g. Nexus shall install climbing vines, species identified by the City, along the outer
edge of the wall, install irrigation to feed said climbing vines which shall be
connected and metered by Nexus at the nearest City water supply, and shall
reconstruct the sidewalk to the City's specifications after installation of the
irrigation lines and block wall.
h. Wall replacement specifications shall be established pursuant to paragraph 4 of
this Agreement.
1. Nexus shall maintain, and replace as necessary, the climbing vines during a ninety
(90) day plant establishment phase following item no. 1.g.
2. Window Replacements
a. Nexus shall provide $3,500 construction allowance per house for sound proof
window replacements for up to 49 residential units located along Main Street and
Sunflower Avenue behind the existing concrete wall to be replaced. The 49
residential units are identified in Exhibit A-I to this Agreement.
b. Nexus shall assist Sandpointe in obtaining/preparing necessary construction bids,
documents and permits.
c. Allowance will be paid by Nexus to Sandpointe for any applicable home upon
receipt of bona fide construction or material invoices.
d. Allowance shall expire 12 months following the completion of the concrete wall
1')
758-130
replacement improvements.
e. Window specifications shall be established pursuant to paragraph 4 of this
Agreement.
3. Taft Elementary Loading Zone
a. Nexus shall construct all improvements necessary to effectuate Defmitive
Easement Agreement between Santa Ana Unified School District, Nexus and
South Coast Church.
b. Improvements to loading zone shall include driveway approaches, traffic lanes on
site, striping, church building renovations, portable classroom relocations,
computer lab on school and church properties, etc. as provided for in plans
included as part of Definitive Easement Agreement.
4. Pay City $200,000 for City to implement a Neighborhood Traffic Management
Plan ("NTMP") to mitigate changes in traffic patterns or increased cut through
traffic resulting from the Nexus and Geneva Commons Projects in the Sandpointe
Neighborhood. NTMP costs shall include traffic studies, staff time to process
neighborhood traffic plan, and the construction of appropriate traffic calming
devices, including but not limited to semi-diverters, diagonal diverters, and street
closures. The implementation of the NTMP shall be pursuant to procedures
adopted by the City Council.
5. Nexus shall pay the City the full cost (see Exhibit B) for the installation of a
Traffic Signal at the intersection of MacArthur Boulevard and Birch Street.
Pnhlicly-Owned Improvements
1 Utility Undergrounding
a. Main Street - MacArthur to Sunflower
b. MacArthur - Main to Flower
c. Sunflower - Main to Flower (north side of street)
In
758-131
Single Family Homes:
. I. 101 W. Murphy
2. 3701 S. Alder
3. 3705 S. Alder
4. 3709 S. Alder
5. 3713 S. Alder
6. 3717 S. Alder
7. 3721 S. Alder
8. 3725 S. Alder
9. 3729 S. Alder
10. 3801 S. Alder
It. 3805 S. Alder
12. 3809 S. Alder
13. 3813 S. Alder
14. 3817 S. Aldt;l'
IS. 3821 S. Alder
16. 3825 S. Alder
17. 3829 S. Alder
18. 3901 S. AIda-
19. 3905 S. Alder
20. 3909 S. Alder
21. 102 W. SteveM
22. 106 W. Stevens
23. 110 W. Stevena
24. 114 W. SteVens
25. 1\8 W. Stevens
26. 122 W. Stevens
27. 202 W. Stevens
28. 206 W. SteVens
29. 210 W. Stevens
30. 214 W. SteYel1S
31. 3926 S. TImber
32. 302 W. Stcvl:l1S
33. 306 W. StcvalS
34. 310 W. Stevens
35. 314 W. Sttven.~
36. 318 S. Ste\ler1S
37. 3922 S. Birch
FDU.-pIeXet
38. 3925 S. Ross
39. 401 W. Sunflower
40. 405 W. Sunflower
41. 409 W. Sunflower
42. 501 W. Sunflower
43. 505 W. Sunflower
44. 509 W. Sunflower
45. 513 W. SunfloWCT"
Main Aunction Condnminiumll
46. 3620 A S. MoUn
47.3632 A S. Main
48. 3632 B S. Main
49.3632 C S. Main
EXHIBIT A-1
List of 49 Residential Units
List of Eligible Homes fOf
Window Replacements
Along Main and Sunflower
(sides to Main)
(backs to Main)
(backs to Mllin)
(baclcs to Main)
(backs to Main)
(backs lo Main)
(back.~ to Main)
(bac:kll to Main)
(backs to Main)
(back.~ to Main)
(bllck.1 to Main
(ba.cks to Main)
(baclts to Main)
(backs to Main)
(backs to M:1in)
(hacks to Alder)
(backs to Main)
(hicks to Main)
(backs to Main)
(backs to Main)
(backs to Main al1d MiniMarket)
(b4Cks to Main and Mini Market)
(bacla to Main and Mini Market)
(backs to Sunflower and Mini Market)
(backs to Sunflower)
~cks to Sunflower)
(backs to Sunflower)
(backs to Sunflower)
(backs to Sunflower)
(hack3 to Sunflower)
(aides to Sunflower)
(backs to Sunflower)
(baclcs to Sunflower)
(back.~ to Sunflower)
(backs to Sunflower)
(becks to Sunflower)
(baCks to Sunflower)
(~ides to Sunflower)
(fronts Sunflower)
(fronts Sunflower)
(fronts Sunflower)
(fTonts Sunflower)
(front.~ Sunflower)
(fronL1 Sunflower)
(fronts Sunflower)
(sides to Main)
(fi'nnts Main)
(frortts Main)
(!Tonls M4in)
17
758-132
EXHIBIT B
SCHEDULE OF NEXUS IMPROVEMENTS
1. Construction ofItem No.1 to Exhibit A shall conform to the following schedule:
a. Preliminary Site Plans - Due within thirty (30) days of the Commencement Date.
c. Final Plans - Due within sixty (60) days of City approval of Preliminary Site
Plans, together with proposed Right-Of-Entry and Maintenance Easement for
review of City and Sandpointe.
d. Building Permits, Construction Right-Of-Entry (in favor of Nexus), and
Permanent Maintenance Easement for Exterior of Wall (in favor of City) -
Application, right of entries and easements shall be submitted no late than sixty
(60) days after City approval of Final Plans.
e. Construction Commencement - Within thirty (30) days after approval of Building
Permits.
f. Construction Complete - Within one hundred twenty (120) days of
commencement of construction.
g. Ninety (90) day plant establishment phase after completion of construction of
climbing vines and irrigation.
2. Construction ofItem No.2 to Exhibit A shall conform to the following schedule:
a. Final building permit plans shall be submitted by individual Sandpointe
homeowners to City no later than construction complete date for item no. 1,
above.
b. Construction shall be complete pursuant within one hundred twenty (120) days of
issuance of City Building Permit.
3. Construction of Item No.3 to Exhibit A shall conform to the following schedule:
a. Nexus shall submit executed Definitive Easement Agreement to all parties no
later than one hundred eighty (180) days of the Commencement Date. If Nexus
fails to meet this deadline, which may be extended in writing by Nexus and
Sandpointe, then Nexus shall deposit $1.2 million from the Nexus Escrow into a
separate escrow with terms providing for its withdrawal by Sandpointe, which are
mutually agreeable to all parties, for use by Sandpointe on other projects to
benefit the Sandpointe neighborhood.
b. Nexus shall complete this item not later than eighteen (18) months from the
lR
758-133
Commencement Date.
4. Nexus shall pay City for item no. 4 to Exhibit A not later than approval of the fIrst final
map for the Nexus Project. The City shall follow the Neighborhood Traffic Management
Plan Policy adopted by the City Council.
5. Construction ofItem No.5 to Exhibit A shall conform to the following schedule:
a. The City shall provide Nexus with a preliminary estimate of this cost within thirty
(30) days of the Commencement Date. This preliminary estimate shall be updated, if
necessary, upon the City's receipt of Nexus application to fmal any portion of its
tentative tract map. Said estimate shall be conclusive.
b. Nexus shall pay the City the estimated cost of this item not later than approval of
the first fInal map for the Nexus Project.
c. The City shall complete construction of this item prior to the first certificate of
occupancy for the Nexus Project.
Any deadline pursuant to this Exhibit C may be extended by mutual written agreement of Nexus
and the City Manager or designee.
19
758-134
EXHIBIT C
SCHEDULE FOR PUBLICLY-OWNED IMPROVEMENTS
1. City shall complete item no. 1.a. on Exhibit A of Publicly-Owned Improvements not later
than June 2005.
2. City shall complete item no. 1.b. on Exhibit A of Publicly-Owned Improvements not later
than five (5) years after the Agency provides City with the then estimated cost of the
project.
3. City shall complete item no. l.c. on Exhibit A of Publicly-Owned Improvements not later
than five (5) years after the Agency provides City with the then estimated cost of the
project.
Notwithstanding this schedule, City shall make a reasonable good faith effort to effectuate the
completion of these Publicly-Owned Improvements (which, under current law. must be designed
and constructed by Southern California Edison and not the City) prior to the dates specified above.
20
758-135
EXHIBIT D
PUBLIC IMPROVEMENTS)
Improvement Location
Street Reconstruction Hutton Centre Drive between Sandpointe
A venue and MacArthur Blvd. Sandpointe
A venue between Main Street & Hutton Centre
Drive Hutton Centre Loop Road between Hutton
Centre Drive to the most easterly driveway on
the north side Eastbound MacArthur Blvd. lanes
between Main Street and Hutton Centre Drive
Construct eastbound right-turn lane MacArthur Blvd. east of Main Street
Provide second northbound right-turn lane Hutton Centre Drive between MacArthur Blvd.
and Hutton Centre Loop Road
New traffic signal Hutton Centre Drive and Hutton Centre Loop
Road
Raised median Hutton Centre Drive from MacArthur Blvd. to
280 feet south of Hutton Centre Loop Road
Raised median Hutton Centre Loop Road to most easterly
driveway on north side
Colored crosswalk Hutton Centre Loop Road east of Hutton Centre
Drive and sidewalk on north side to most
westerly driveway
Street widening to provide fourth eastbound lane MacArthur Blvd. between Hutton Centre Drive
and SR55 southbound on-ramp
Traffic signal modification to provide second MacArthur Blvd. at Hutton Centre Drive
northbound right-turn lane
Raised median Main Street between Sandpointe A venue and
MacArthur Blvd.
Owner shall be obligated to pay prevailing wages in connection with the construction of the Public
Improvements in accordance with the requirements set forth in Attachment No.1, attached hereto and incorporated
herein by reference.
D-I
DOCSOClllI0339v7/24579-0001
758-136
ATTACHMENT NO. I
TO EXHIBIT D
PREVAILING WAGE REQUIREMENT
A. Owner agrees to pay all workers employed in connection with the work to be performed
pursuant to the Agreement, not less than the prevailing rates of wages, as provided in the
statutes applicable to public works contracts of the City of Santa Ana ("Agency"), including
without limitation Sections 1770-1780 of the California Labor Code.
B. Owner shall maintain accurate records showing the name, occupation and actual per diem,
regular, overtime and holiday wages paid to each worker and fringe benefits (as appropriate)
paid to or on behalf of each worker employed in connection with the work to be performed
pursuant to the Agreement, the hours worked by such workers and amounts withheld
pursuant to law. Such records shall be open to inspection by City staff at reasonable hours.
C. Owner shall cooperate with City staff or its consultants in carrying out any investigation of
any claim made by a worker employed by Owner that less than prevailing wages were paid
for work performed pursuant to the Agreement. Owner shall promptly pay any amount
determined by City to be the difference between the applicable prevailing wage for the
number of hours worked by the claimant and the amount actually paid to the claimant.
D. Owner agrees that, if requested by City, funds due to employee under the Agreement may be
withheld pending the completion of any investigation pursuant to Section C hereof to ensure
that the amount of any restitution, which may be required, is available.
E. Owner agrees that, if City determines that Owner has violated any provision of this
attachment/exhibit, funds otherwise due to Owner pursuant to the Agreement may be
withheld, or Owner may be required to post a bond or provide a Letter of Credit or other
security, in an amount sufficient to ensure that workers employed in connection with the
Agreement will receive the prevailing wages for the work to be performed, as determined to
be appropriate by City staff or consultants.
F. In the event that Owner subcontracts with an independent contractor for all or any part of the
work to be performed pursuant to the Agreement, and such subcontractor employs workers to
perform such work:
I. Owner shall assure that such subcontract includes and incorporates this
attachment/exhibit and requires such subcontractor to comply with and be bound by
the provisions hereof as the "Owner" with regard to the workers so employed.
2. In the event any such subcontractor is being investigated by City staff or consultants
pursuant to Section C hereof Owner shall, at the request of City, withhold funds from
such subcontractor prior to the completion of such investigation, to ensure that the
amount of any restitution which may be required is available.
3. In the event that the City staff determines that any such subcontractor has violated the
provisions of this attachment/exhibit, Owner agrees to cooperate with City in
Attachment No. I-I
to Exhibit D
DOCSOC/I I 10339v7/24579-0001
758-137
withholding funds from such subcontractor or requiring such subcontractor to post
security, in accordance with Section E hereinabove.
G. In the event of a dispute between Owner and City staff with respect to a City staff
determination, Owner shall have the opportunity to bring the dispute before City Board for
review. The City Council may take such action, as it deems appropriate, including:
I. Affirming the City staff determination.
2. Referring the matter back to City staff for further investigation.
3. Reversing or modifying the City staff determination.
4. Directing the City staff to appoint an independent hearing examiner for further
investigation.
5. Such other action as the Board may deem appropriate under the circumstances.
H. The parties to the Agreement stipulate and agree that the City is a third party beneficiary of
the provisions of this attachment/exhibit and may enforce the same as such through any
appropriate remedies in law or equity.
I. The provisions of this attachment/exhibit shall be interpreted and applied in accordance with
that certain "Policy on Payment of Prevailing Wages by Private ReOwners or Owner-
Participants", adopted by the Community Redevelopment Agency of the City of Santa Ana
on May 20, 1986, subject to any and all amendments thereto to the date of the Agreement, a
public record on file in the offices of the Agency.
J. Owner shall no later than the 15th day of each month during construction of the Project
submit to the City a self-audit report declaring under penalty of peIjury and demonstrating
that during the prior month it has complied with the provisions of this attachment/exhibit and
California prevailing wage law. The self-audit report or statement not be binding nor
conclusive, nor shall the filing or failure to file such report or statement preclude the City
from conducting an audit.
K. Owner shall keep and preserve for a period of not less than four (4) years all records as may
be necessary to determine whether it has paid prevailing wage as required by this Attachment
No. I, which records shall be made available to the City or its consultants and agents at all
reasonable times for purposes of conducting an audit. Owner shall permit an examination of
such books and records at a location within the City. In the event such books and records
cannot be made available within the City, the operator shall reimburse the City for the cost of
all transportation, lodging, meals, portal-to-portal travel time and other incidental costs
reasonably incurred by the City in conducting the audit. Appropriately identified confidential
or proprietary information furnished to the city as part of an audit shall remain confidential,
except in case of civil action or criminal prosecution.
Attachment No. 1-2
to Exhibit D
DOCSOCIlI 10339v7/24579-000l
758-138
1. Should any City conducted audit conclude that Owner has failed to pay prevailing wage in at
least five percent (5%) of the audited transactions (with a single pay day of a single wage
earner constituting one transaction), then Owner shall reimburse City for all actual costs of
the audit within thirty (30) days of receipt by Owner of the City's invoice.
Attachment No. 1-3
to Exhibit D
DOCSOC/lII0339v7/24579-0001
758-139
EXHIBIT E
A VIGA TION EASEMENT
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Santa Ana
Clerk of the Council of the City of Santa Ana
20 Civic Center Plaza, M-30
P.O. Box 1988
Santa Ana, California 92702
EXEMPT FROM FILING FEES, CAL. GOV'T CODE & 6103
(Space Above Line for Recorder's Use)
GRANT OF A VIGATION EASEMENT
(John Wayne Airport)
ASSESSOR PARCEL #
RECITALS:
I. The Grand Plan 2, LLC, a California limited liability company ("Grantor"), is the
owner of the fee simple estate in and to that certain real property situated in the County of Orange,
State of California, commonly described as 1,9 and 10 Hutton Centre and 101 E. Sandpointe
Avenue, Santa Ana, California and more particularly described in Attachment No. I, attached hereto
and incorporated by this reference ("Subject Property");
2. It is the desire of Grantor, for itself, its heirs, administrators, executors, successors,
assigns, tenants, guests, and other persons in or using the Subject Property with the implied or
express consent of Grantor, to grant to the City of Santa Ana, a political subdivision of the State of
California (the "City"), an air and avigation easement, also known as a perpetual air, flight or noise
easement, on, upon, over, across, above, or in the vicinity of the Subject Property, and to all of the
Airspace (as hereinafter defined) above the Subject Property, whereby Grantor relinquishes certain
rights relative to the Subject Property, as described in this Grant of Avigation Easement (this
"Avigation Easement");
3. The purpose of this Avigation Easement, and its acceptance by the City, includes
granting the City an A vigation Easement permitting the unencumbered and unrestricted flight of
aircraft to or from John Wayne Airport ("JW A"), owned and operated by the County of Orange,
without liability to the City, to the aircraft operator, or to any other person lawfully operating aircraft
to or from JW A in the navigable airspace of the United States (as defined at 49 U.S.C.S.
s40102(a)(30)), and as that section of the United States Code (and the referenced regulations) existed
on the effective date of this A vigation Easement, and in accordance with relevant regulations of the
United States of America and the State of California, pursuant to the authority granted to the County
by the people and the State of California. As agreed upon by the parties, this A vigation Easement is
Grant of Avigation Easement
DOCSOC/I I 10339v7/24579-0001
E-I
758-140
calculated by reference to the Airport Environs Land Use Plan ("AELUP") for JWA Years
1990/2005 "Project Case" noise contours (as depicted in Appendix D of the AELUP for JW A dated
December 19,2002) plus 1.5 decibels ("dB") Community Noise Equivalent Level ("CNEL");
NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged:
WARRANTIES AND COVENANTS:
Grantor warrants and covenants to the City that as of the date hereof:
Grantor holds the entire fee simple interest in the Subject Property;
Grantor shall not convey its interest in the Subject Property, or execute, deliver, or permit
hereafter recordation of any interest in the Subject Property, or any lien or encumbrance against the
Subject Property (or any interest therein), until the earlier of the following events: (i) this A vigation
Easement has been properly executed by Grantor, accepted by the City, and recorded by the Orange
County Recorder; or (ii) thirty (30) days have elapsed after Grantor have delivered this A vigation
Easement to the City, properly and fully executed and notarized.
If the person executing this A vigation Easement is other than the Grantor, the person
executing this Avigation Easement has represented to the City, in documentation separate from this
grant, that he/she has been duly and lawfully authorized by Grantor to execute this Avigation
Easement on behalf of Grantor.
GRANT OF A VIGATION EASEMENT
Grantor, individually and for its heirs, administrators, executors, tenants, guests, agents,
successors, assigns, and other persons in or using the property with the implied or express consent of
Grantor, hereby grants, conveys and assigns to the City and its successors, and assigns, a perpetual
non-exclusive and assignable A vigation Easement and the right to enter or penetrate into or transmit
through the Airspace above, on or in the vicinity of the Subject Property for the unobstructed use,
passage or operation of all types of aircraft and the right to create or generate all things and
consequences to the Subject Property that may be, or may be alleged to be, incident to or resulting
from the use and enjoyment of said Airspace and any and all related aircraft and airport operations,
including, but not limited to, those impacts and effects described in Section 5.
This A vigation Easement shall be for air navigation, airport operations, aircraft sound and
noise, aircraft avigation and flight in, to, over and through the Airspace above the Subject Property,
as well as the imposition in, on, over, upon or in the vicinity of the Subject Property of noise, sound,
vibration, fumes, fuel particles, dust, discomfort or other environmental effects incident to such
aircraft operations and any and all resulting annoyance, inconvenience, or other interference with the
use and enjoyment of the Subject Property and any consequent reduction in market value, all due to
the operation of aircraft to and/or from JW A, including landing at, taking off from, taxiing,
maintenance, or other aircraft or related facility operations at or on JW A.
This A vigation Easement is for the use of such airspace by any aircraft, present or future, in
whatever form or type, during operations at, on, to, or from JW A, including any future change to or
increase in JW A's boundaries and/or in the volume or pattern of aircraft traffic or aircraft noise, by
all existing or future types of aircraft, up to and including the AELUP for JW A Years 1990/2005
Grant of Avigation Easement
DOCSOC/III0339v7/24579-0001
E-2
758-141
"Project Case" noise contours (as depicted in the AELUP for JW A, Appendix D) plus 1.5 dB CNEL,
including the imposition on the surface of the Subject Property and on any and all structures on the
Subject Property of such noise, vibration, fumes, fuel particles, dust, discomfort or other
environmental effects incident to such aircraft operations and any and all resulting annoyance,
nuisance, inconvenience, taking of or damage to the Subject Property, or any portion of the Subject
Property, or other interference with the use and enjoyment of the Subject Property and any
consequent reduction in market value. This A vigation Easement shall continue notwithstanding any
future changes or increases in the type, volume, frequency, duration, or location of operations to,
from or at JWA up to and including the AELUP for JWA Years 1990/2005 "Project Case" noise
contours (as depicted in the AELUP for JW A, Appendix D) plus 1.5 dB CNEL.
This A vigation Easement also includes all things that may be alleged to be incident to or
resulting from the use and enjoyment of this Easement, including, but not limited to, the Grantee's
continuing right to prevent, prohibit, clear and keep clear from the Airspace above the Property any
buildings, portions of buildings, structures or improvements of any kind, and of trees, vegetation, or
other objects that may cause interference with aircraft navigation and/or operations at JW A,
including the right to remove or demolish those portions of such buildings, structures, improvements,
trees, vegetation, or other objects which extend into the Airspace and, in the reasonable judgment of
the Grantee, may cause interference with aircraft navigation and/or operations at JW A, and, at the
reasonable discretion of the Grantee, the right to mark and light, or cause or require to be marked and
lighted, as obstructions or hazards to air navigation or aircraft operations, any and all buildings,
structures, or other improvements, and trees, vegetation, or other objects, which extend into the
Airspace above the Property. This A vigation Easement also includes the Grantee's right of ingress to,
passage within, and egress from the Property to inspect the Property, improvements or vegetation of
any type on the Property and, to remove any building, structure, other improvement, tree or
vegetation (or portion thereof) which extends into the Airspace in violation of this Section, or to
install such lighting, or marking of any such improvement or yegetation as permitted by this Section;
and for all other purposes described in this Section at reasonable times and after reasonable notice.
Grantee shall use reasonable efforts to minimize any disturbance of the occupants of the Subject
Property in exercising its rights hereunder. If any building, structure, other improvement, tree or
vegetation (or portion thereof) extends into the Airspace in violation of this A vigation Easement,
Grantee shall so notify Grantor, or its successors, of such violation and the requested corrective
measure, which may include, but not be limited to, the installation of such lighting, or marking of any
such improvement or vegetation, as required by law. If the Grantor, or its successors, do not correct
such violation within thirty (30) days, or such shorter time period as may be required by Grantee due
to an emergency or some other circumstance requiring more immediate action, the Grantee shall have
the right of ingress to, passage within, and egress from the Property to remove any building,
structure, other improvement, tree or vegetation (or portion thereof) which extends into the Airspace
in violation of this A vigation Easement, or to install such lighting, or marking of any such
improvement or vegetation, as required by law or as reasonably required by Grantee.
The cost to remove any building, structure, other improvement, tree or vegetation (or portion
thereof) which extends into the Airspace in violation of this A vigation Easement, or to install such
lighting, or marking of any such improvement or vegetation as permitted by Section 7; and for all
other purposes described Section 7 shall be borne exclusively by Grantor.
As used in this Avigation Easement, the term "aircraft" shall mean any and all types of
aircraft, whether now in existence or hereafter manufactured and developed, to include, but not be
limited to, jet aircraft, propeller drawn aircraft, aircraft powered by other means, civil aircraft,
Grant of Avigation Easement
DOCSOC/II I0339v7/24579-0001
E-3
758-142
military aircraft, commercial aircraft, helicopters and all types of aircraft or vehicles now in existence
or hereafter developed for the purpose of transporting persons or property through the air, by
whomever owned or operated.
As used in this A vigation Easement, the term "Airspace" shall mean the entire area above
those certain imaginary surfaces over the ground surface of the Property that are within the Federal
Aviation Regulations ('''FAR'') Part 77 Surfaces, as specified in Advisory Circulars 70/7460-2K
(height criteria) and 70/7460-IH (standards for marking and lighting) and any and all successor
revisions or regulations by the Federal Aviation Administration, any successor agency, or any other
agency of the federal, state or local government of the United States of America exercising
comparable authority except that additional area below those certain imaginary surfaces over the
ground surface of the Property particularly described in Exhibit "A" attached hereto.
It is expressly intended by Grantor and the City that this A vigation Easement shall not
supersede or impair any existing prescriptive, avigation, or other easements, rights, or interests of the
City, in or applicable to the Subject Property, if any, all of which easements, rights, interests, and any
remedies related thereto are expressly reserved by the City.
In furtherance of this A vigation Easement, and rights herein granted, Grantor, and the heirs,
administrators, executors, agents, successors, and assigns of Grantor, hereby covenant at all times
hereafter, that it/they will not take any action or knowingly cause any electronic, light or other
transmissions or emissions, construct or grow any obstruction, or discharge any fumes, dust or smoke
on the Subject Property which would conflict or interfere with or infringe on the City's rights herein
granted, or to otherwise impair the usability or function of JW A.
The rights, easements, benefits, restrictions, covenants and agreements granted herein,
including this A vigation Easement, shall continue notwithstanding any increase or other change in
the type, boundaries, volume of operations, frequency, duration, noise, or pattern, location of air
traffic to, from or at JW A. This A vigation Easement may not be modified, amended, terminated, or
abandoned except by execution and delivery of an instrument executed and acknowledged by the
City, or its agents, successors, and assigns, and Grantor agree(s) that, in the absence of such an
instrument, no conduct or use of the Subject Property by Grantor for any period of time shall be
construed to establish prescriptive rights in Grantor or its successors or assigns, nor shall any conduct
by the City, or its agents, successors and assigns, or increase, diminution, or change in use of this
A vigation Easement, or the operation or use of JW A by Grantee constitute an overburdening of this
Avigation Easement or a termination or abandonment of this Avigation Easement.
Construction of the "MacArthur Place" project (the "Project") at the Subject Property will
require the use of construction cranes and related construction equipment. For purposes of this
A vigation Easement, the City will not consider the temporary utilization of the construction cranes
and related construction equipment that have a height that exceeds JW AFAR Part 77 imaginary
surfaces as an encroachment on or in violation of this A vigation Easement, provided that all of the
following apply:
The Federal Aviation Administration ("FAN') has conducted any required
aeronautical study of the proposed object(s) pursuant to FAA Order 7400.2E, and any and all
successor revisions or regulations, and has issued a "Determination of No Hazard to Air Navigation"
for the proposed objects; and
Grant of Avigation Easement
DOCSOC/II I0339v7/24579-0001
E-4
758-143
All conditions recommended by the FAA in its "Determination of No Hazard to Air
Navigation" are complied with, consistent with FAA standards and requirements.
Extraordinary maintenance and repair activities (e.g., boiler replacement, fayade replacement,
elevator equipment replacement, cooling tower replacement, seismic damage repair) may be required
after construction of the Project. For purposes of this Avigation Easement, the City will not consider
these types of extraordinary maintenance and repair activities as encroachment(s) on, or violations of,
this Avigation Easement, provided that all of the following apply:
The FAA has conducted any required aeronautical study of the proposed object(s)
required to be utilized during the extraordinary maintenance and repair activities pursuant to FAA
Order 7400.2E, and any and all successor revisions or regulations, and has issued a "Determination
of No Hazard to Air Navigation" for the proposed objects; and
All conditions recommended by the FAA in its "Determination of No Hazard to Air
Navigation" are complied with, consistent with FAA standards and requirements.
In the event of any disaster or other casualty directed against or affecting the building(s)
located on the Subject Property which damages or destroys the building(s), Grantor shall be entitled
to demolish, reconstruct, repair or replace the building(s) on the terms set forth above in Section 14
ofthis Avigation Easement, subject to any required FAA determination(s) and recommendation(s).
The parties to this A vigation Easement acknowledge and agree that the easement, and all the
rights, easements, benefits, restrictions, covenants and agreements set forth herein shall run with the
land of the Grantor and the City, and any grantee, heir, agent, successor or assign of the Grantor who
acquires any estate or interest in or right to use the Subject Property shall be bound by this A vigation
Easement for the benefit of JW A and the City, and its agents, successors and assigns, including,
without limitation, the tenants and licensees of the City, and all users of JW A. This A vigation
Easement and all rights pertaining hereto is hereby vested in the Grantee, its successors and assigns,
forever and without limit in time, and shall be binding upon and inure to the benefit of the successors
and assigns of Grantor.
Grantor, and the grantees, heirs, agents, successors, and assigns of Grantor, hereby fully
waive and forever release, and covenant not to assert or bring any right or cause of action, which it or
they might now have, or which it or they may have in the future, against the City, its agents,
successors, and assigns, or against the tenants, licensees, permittees, or users of JW A, caused by or
relating to the use of this A vi gati on Easement or the exercise of rights under this A vigation
Easement. This grant of this easement shall not operate to deprive the Grantor, its heirs, agents,
successors, and assigns, of any rights which may from time to time arise against any air carrier or
private operator for negligent or unlawful operation of aircraft.
In the event that anyone or more covenant, condition, right or other provision contained in
this A vigation Easement is held to be invalid, void, or illegal by any court of competent jurisdiction,
the same shall be deemed severable from the remainder of this A vigation Easement and shall in no
way affect, impair, or invalidate any other covenant, condition, right or other provision contained in
this A vigation Easement.
This A vigation Easement constitutes an enforceable restriction pursuant to the provisions of
California law, including, but not limited to, Section 21652 of the California Public Utilities Code,
Grant of Avigation Easement
DOCSOC/II10339v7/24579-0001
E-5
758-144
and shall bind Grantor and the grantees, heirs, administrators, executors, lessees, tenants, permittees,
agents, successors, and assigns of Grantor(a), and each and all of them, and shall be appurtenant to,
and for the benefit of, the real property commonly known as JW A, which is more particularly
described in Attachment No.2 attached hereto.
Dated:
,2005
GRANTOR:
THE GRAND PLAN 2, LLC, a California
limited liability company
By:
Name:
Title:
Grant of Avigation Easement
DOCSOCIlI 10339v7/24579-000l
E-6
758-145
ATTACHMENT NO. I
TO EXHIBIT E
SUBJECT PROPERTY DESCRIPTION
Grant of Avigation Easement
DOCSOC/III0339v7/24579-0001
Attachment No. I-I
to Exhibit E
758-146
Grant of Avigation Easement
DOCSOC/I 1 10339v7/24579-0001
ATTACHMENT NO.2
TO EXHIBIT E
JW A PROPERTY DESCRIPTION
Attachment No. 2-1
to Exhibit E
758-147
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by the Easement Deed dated
from THE GRAND PLAN 2, LLC to the CITY OF SANTA ANA, a
charter city and municipal corporation duly organized under the Constitution and laws of the State of
California, is hereby accepted by the undersigned officer or agent on behalf of the City Council
pursuant to authority conferred by Ordinance No. NS-2352 and Section No. 33-55 of the Santa Ana
Municipal Code adopted by the City Council on June I, 1998, in compliance with California
Government Code Section 27281 and the grantee consents to recordation thereof by its duly
authorized officer.
Dated:
CITY OF SANTA ANA
By:
Name:
Title: City Manager
Grant of Avigation Easement
DOCSOCIl I 10339v7/24579-000l
Certificate of Acceptance
758-148
ACKNOWLEDGMENT
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On
, 20_, before me
personally appeared
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
Grant of Avigation Easement
DOCSOC/1110339v7/24579-000l
Acknowledgment
758-149
EXHIBIT F
LAKE IMPROVEMENTS
I. Exercise path with markers
2. Upgraded/enhanced landscaping around the Lake with large water oriented shade trees
3. Dancing water jets in the Lake
4. An amphitheatre on the green (back side of the Lake Towers facing the lake)
5. A terraced pedestrian plaza at the base of the Lake Towers
F-I
DOCSOC/l110339v7/24579-0001
758-150
KO- 6/15/05
RESOLUTION NO. 2005-064
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
APPROVING CONDITIONAL USE PERMIT NO. 2005-10 AS CONDITIONED
FOR THE LAKE TOWERS RESIDENTIAL PROJECT; CONDITIONAL USE
PERMIT NO. 2005-11 AS CONDITIONED FOR THE CINEMA TOWER AND
LOFT RESIDENTIAL PROJECTS; CONDITIONAL USE PERMIT NO. 2005-
12 AS CONDITIONED FOR THE CINEMA RETAIL PROJECT;
CONDITIONAL USE PERMIT NO. 2005-13 AS CONDITIONED FOR THE
CINEMA RESTAURANT PROJECT; CONDITIONAL USE PERMIT NO.
2005-15 AS CONDITIONED FOR THE INTEGRAL RESIDENTIAL
PROJECT; VESTING TENTATIVE TRACT MAP NO. 2005-02 (COUNTY
MAP NO. 16621) AS CONDITIONED FOR THE INTEGRAL PROJECT;
VESTING TENTATIVE TRACT MAP NO. 2005-03 (COUNTY MAP NO.
16622) AS CONDITIONED FOR THE CINEMA TOWER AND LOFT
PROJECTS; VESTING TENTATIVE TRACT MAP NO. 2005-04 (COUNTY
MAP NO. 16626) AS CONDITIONED FOR THE LAKE TOWERS PROJECT;
VARIANCE NO. 2005-05 AS CONDITIONED TO ALLOW A REDUCTION IN
SETBACKS FOR THE LAKE TOWERS PROJECT; VARIANCE NO. 2005-07
AS CONDITIONED FOR A REDUCTION IN PARKING AND TO ALLOW
TANDEM PARKING FOR THE LAKE TOWERS PROJECT; VARIANCE NO.
2005-10 AS CONDITIONED FOR A REDUCTION IN PARKING FOR THE
CINEMA RESIDENTIAL, RETAIL AND RESTAURANT USES AND TO
ALLOW TANDEM PARKING; AND VARIANCE NO. 2005-12 AS
CONDITIONED FOR A REDUCTION IN PARKING AND TO ALLOW
TANDEM PARKING FOR THE INTEGRAL CONDOMINIUM PROJECT FOR
THE PROPERTIES LOCATED AT 1, 9 AND 10 EAST HUTTON CENTRE
DRIVE AND 101 EAST SANDPOINTE AVENUE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The Applicant is requesting approval of an amendment application, five
conditional use permits, a development agreement, three tentative tract maps
and four variances to allow the construction of three residential high rise
buildings with 500 condominium units, a four to six-story condominium project
with 276 units, a five story mixed-use building with 15 residential units and
10,000 square feet of office space and 14,000 square feet of retail and
restaurant spaces at 1, 9 and 10 East Hutton Centre Drive and 101 East
Sandpointe Avenue.
758-151
Resolution No. 2005-064
Page 1 of 28
B. On May 23, 2005, the Planning Commission held a duly noticed public
hearing and unanimously voted to recommend that the City Council:
9.
11.
12.
13.
Resolution No. 2005-064
Page 2 of 28
1.
Adopt a resolution certifying Final Environmental Impact Report No.
2004-02 and approve the mitigation monitoring program and
statement of overriding considerations for the MacArthur Place South
project.
Adopt an ordinance approving Amendment Application No. 2005-01.
2.
3.
Adopt an ordinance approving Development Agreement No. 2005-
02.
4.
Adopt a resolution approving Conditional Use Permit No. 2005-10 as
conditioned for the Lake Towers residential project.
5.
Adopt a resolution approving Conditional Use Permit No. 2005-11 as
conditioned for the Cinema Tower and Loft residential projects.
6.
Adopt a resolution approving Conditional Use Permit No. 2005-12 as
conditioned for the Cinema Retail project.
Adopt a resolution approving Conditional Use Permit No. 2005-13 as
conditioned for the Cinema Restaurant project.
Adopt a resolution approving Conditional Use Permit No. 2005-15 as
conditioned for the Integral residential project.
7.
8.
10.
Adopt a resolution approving Vesting Tentative Tract Map No. 2005-
02 (County Map No. 16621) as conditioned for the Integral project.
Adopt a resolution approving Vesting Tentative Tract Map No. 2005-
03 (County Map No. 16622) as conditioned for the Cinema Tower
and Loft projects.
Adopt a resolution approving Vesting Tentative Tract Map No. 2005-
04 (County Map No. 16626) as conditioned for the Lake Towers
project.
Adopt a resolution approving Variance No. 2005-05 as conditioned to
allow a reduction in setbacks for the Lake Towers project.
Adopt a resolution approving Variance No. 2005-07 as conditioned
for a reduction in parking and tandem parking for the Lake Towers
project.
758-152
14. Adopt a resolution approving Variance No. 2005-10 as conditioned
for a reduction in parking for the Cinema residential, retail and
restaurant uses and to allow tandem parking.
15. Adopt a resolution approving Variance No. 2005-12 as conditioned
for a reduction in parking and to allow tandem parking for the Integral
condominium project.
C. On June 20, 2005 the City Council of the City of Santa Ana held a duly
noticed public hearing and at that time considered all testimony, written and
oral.
D. Conditional Use Permit No. 2005-10 has been filed with the City of Santa
Ana seeking to allow the construction of the Lake Towers, two 25-story
high-rise buildings located at 10 Hutton Centre Drive. These two towers will
contain a total of 349 condominium units. The North Tower will contain 174
for-sale units, with the South Tower containing 175 for-sale units. The Lake
Towers will incorporate two above-grade parking levels and two
subterranean levels of parking, which will provide 807 parking stalls.
1. Pursuant to SD-76, multi-family residential uses are permitted subject
to the issuance of a Conditional Use Permit.
2. Santa Ana Municipal Code Section 41-638 authorizes the City
Council to grant a conditional use permit upon making certain
findings.
i. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The proposed multi-family residential use (Lake
Towers) at 10 East Hutton Centre will provide a service
to the community by providing for-sale, high-quality
residential housing stocks that will enhance the
property values of the surrounding neighborhoods.
Conditions of approval have been included to ensure
the quality and the attractiveness of the overall design
which will contribute to the general well being of the
community.
ii. Will the proposed use under the circumstances of the
particular case be detrimental to the health, safety, or general
welfare of persons residing or working in the vicinity?
The proposed multi-family residential use, in
conjunction with the rest of the MacArthur Place South
development, will not be detrimental to persons residing
758-153
Resolution No. 2005-064
Page 3 of 28
Resolution No. 2005-064
Page 4 of 28
and working in the area. The short-term and long-term
unavoidable adverse impacts identified in
Environmental Impact Report No. 2004-02 pertaining to
aesthetics, air quality, and traffic and transportation can
be addressed through the adoption of Statement of
Overriding Considerations by the City Council to
balance the economic, legal, social, and technological
and/or other benefits of this project against the
unavoidable environmental impacts. Any other
negative or adverse impacts will be mitigated through
mitigation measures identified in Environmental Impact
Report No. 2004-02.
Hi. Will the proposed use adversely affect the present economic
stability or future economic development of properties
surrounding the area?
The proposed multi-family residential project will not
adversely affect the economic stability of the area. The
multi-family residential component will provide a
customer base to the retail and restaurant uses, which
will reinforce the economic viability of the project and
will assist in identifying Hutton Centre as a viable
mixed-use community.
IV. Will the proposed use comply with the regulations and
conditions specified in Chapter 41 for such use?
The project will be in compliance with all applicable
provisions of Chapters 34 and 41 of the Santa Ana
Municipal Code as well as the provisions of the Specific
Development No. 76 (SD-76) zoning district except for
the parking, tandem parking and setback requirements.
Three variances are required to deviate from these
standards.
v. Will the proposed use adversely affect the General Plan or
any specific plan of the City?
The proposed project will not adversely affect the
General Plan as multi-family residential development
and ancillary uses are conditionally permitted within the
SD-76 zoning district. Further, General Plan Land Use
Element Policy 1.3 supports high-density residential
development within the City's District Centers as a part of
a master-planned mixed-use development. Also, Policy
758-154
1.4 promotes the maintenance and fostering of a variety
of residential land uses in the city.
E. Conditional Use Permit No. 2005-11 has been filed with the City of Santa
Ana seeking to allow the construction of the Cinema Tower/Loft Buildings
located at 9 Hutton Centre Drive. Cinema Tower includes a 25-story high-
rise tower that will contain 150 for-sale condominium units. The loft building
is a mixed-use structure that will be located along Hutton Centre Drive, just
south of the Cinema Tower. This building will be six-stories in height and
will contain 15 residential units on the first four levels and approximately
10,000 square feet of office space on the upper two levels. The loft building
will contain the amenity areas for use by both residential buildings.
1. Pursuant to SD-76, multi-family residential uses are permitted subject
to the issuance of a Conditional Use Permit.
2. Santa Ana Municipal Code Section 41-638 authorizes the City
Council to grant a conditional use permit upon making certain
findings.
i. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The proposed multi-family residential use (Cinema
Tower/Loft Building) at 9 East Hutton Centre will
provide a service to the community by providing for-
sale, high-quality residential housing stocks that will
enhance the property value of the surrounding
neighborhoods. Conditions of approval have been
included to ensure the quality and the attractiveness of
the overall design which will contribute to the general
well being of the community.
ii. Will the proposed use under the circumstances of the
particular case be detrimental to the health, safety, or general
welfare of persons residing or working in the vicinity?
The proposed multi-family residential use (Cinema
Tower/Loft Building) at 9 East Hutton Centre in
conjunction with the rest of the MacArthur Place South
development will not be detrimental to persons residing
and working in the area. The short-term and long-term
unavoidable adverse impacts identified in
Environmental Impact Report No. 2004-02 as it pertains
to aesthetics, air quality, and traffic and transportation,
a statement of Overriding Considerations could be
758-155
Resolution No. 2005-064
Page 5 of 28
issued by decision makers to balance the economic,
legal, social, and technological and/or other benefits of
this project against the unavoidable environmental
impacts. Any other negative or adverse impacts will be
mitigated through mitigation measures identified in
Environmental Impact Report No. 2004-02.
iii. Will the proposed use adversely affect the present economic
stability or future economic development of properties
surrounding the area?
The proposed multi-family residential use (Cinema
Tower/Loft Building) at 9 East Hutton Centre will not
adversely affect the economic stability within the
MacArthur Place South development area. The multi-
family residential component will provide customer
base to the retail and restaurant uses, which will
reinforce the economic viability of the project and will
assist in identifying the entire Hutton Centre as a viable
mixed-use community.
iv. Will the proposed use comply with the regulations and
conditions specified in Chapter 41 for such use?
The project will be in compliance with all applicable
provisions of Chapters 34 and 41 of the Santa Ana
Municipal Code as well as the provisions of SD-76
zoning district except for the parking, and tandem
parking. Two variances are required to deviate from
these standards.
v. Will the proposed use adversely affect the General Plan or
any specific plan of the City?
The proposed project will not adversely affect the
General Plan as multi-family residential development
and ancillary uses are conditionally permitted within
SD-76 zoning district. The General Plan Land Use
Element Policy 1.3 states high-density residential
development within the City's District Centers as a part of
a master-planned mixed-use development is supported.
Also Policy 1.4 promotes the maintenance and fostering
of a variety of residential/and uses in the city.
F. Conditional Use Permit No. 2005-12 has been filed with the City of Santa
Ana seeking to allow the construction of the retail building located at 9
Hutton Centre, which is approximately 14,000 square feet in size. This
Resolution No. 2005-064
Page 6 of 28
758-156
building will include approximately 8,500 square feet of space for two
restaurants and 5,300 square feet of floor area for three retail tenants.
1. Pursuant to SD-76, retail and service uses are permitted subject to
the issuance of a Conditional Use Permit.
2. Santa Ana Municipal Code Section 41-638 authorizes the City
Council to grant a conditional use permit upon making certain
findings.
I. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The proposed retail and service uses at 9 East Hutton
Centre in conjunction with the rest of the MacArthur
Place South development will provide a service to the
residents and office employees without leaving the site.
Conditions of approval have been included to ensure
the quality and the attractiveness of the overall design
that will contribute to the general well being of the
community.
ii. Will the proposed use under the circumstances of the
particular case be detrimental to the health, safety, or general
welfare of persons residing or working in the vicinity?
The proposed retail and service uses at 9 East Hutton
Centre in conjunction with the rest of the MacArthur
Place South development will not be detrimental to
persons residing and working in the area. The short-
term and long-term unavoidable adverse impacts
identified in Environmental Impact Report No. 2004-02
as it pertains to aesthetics, air quality, and traffic and
transportation, a statement of Overriding
Considerations could be issued by decision makers to
balance the economic, legal, social, and technological
and/or other benefits of this project against the
unavoidable environmental impacts. Any other
negative or adverse impacts will be mitigated through
mitigation measures identified in Environmental Impact
Report No. 2004-02.
iii. Will the proposed use adversely affect the present economic
stability or future economic development of properties
surrounding the area?
758-157
Resolution No. 2005-064
Page 7 of 28
The proposed retail and services use will be situated
within the Cinema Tower site at 9 Hutton Centre. The
retail and service use component will provide a service
to the residents to the residents and office employees,
which will reinforce the economic viability of the project
and will assist in identifying the entire Hutton Centre as
a viable mixed-use community.
iv. Will the proposed use comply with the regulations and
conditions specified in Chapter 41 for such use?
The project will be in compliance with all applicable
provisions of Chapters 34 and 41 of the Santa Ana
Municipal Code as well as the provisions of the SD-76
zoning district except for the parking, and tandem
parking. Two variances are required to deviate from
these standards.
v. Will the proposed use adversely affect the General Plan or
any specific plan of the City?
The proposed retail and service uses will not adversely
affect the General Plan as retail and service uses are
conditionally permitted uses within SD-76 zoning
designation. The General Plan Land Use Element
Policy 2.2 supports commercial lad uses in adequate
amounts to accommodate the City's needs for goods and
services. Further, Policy 4.3 of the Land Use Element
supports land uses that provide community and
regional economic and service benefit.
G. Conditional Use Permit No. 2005-13 has been filed with the City of Santa
Ana seeking to allow the construction of the retail building located at 9 East
Hutton Centre Drive, which includes approximately 8,500 square feet of
space for two restaurants and will be located north of the Cinema Tower
along MacArthur Boulevard.
1. Pursuant to SD-76, full service cafes and restaurants are permitted
subject to the issuance of a Conditional Use Permit.
2. Santa Ana Municipal Code Section 41-638 authorizes the City
Council to grant a conditional use permit upon making certain
findings.
I.
Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
Resolution No. 2005-064
Page 8 of 28
758-158
The proposed full service cafes and restaurants will
provide a service to the community by providing
additional dining opportunities in the area. This
amenity will provide a service and convenience to the
persons residing or working in the vicinity and reinforce
the economic viability of the entire project.
ii. Will the proposed use under the circumstances of the
particular case be detrimental to the health, safety, or general
welfare of persons residing or working in the vicinity?
The proposed full service cafes and restaurants at 9
East Hutton Centre in conjunction with the rest of the
MacArthur Place South development will not be
detrimental to persons residing and working in the area.
The short-term and long-term unavoidable adverse
impacts identified in Environmental Impact Report No.
2004-02 as it pertains to aesthetics, air quality, and
traffic and transportation, a statement of Overriding
Considerations could be issued by decision makers to
balance the economic, legal, social, and technological
and/or other benefits of this project against the
unavoidable environmental impacts. Any other
negative or adverse impacts will be mitigated through
mitigation measures identified in Environmental Impact
Report No. 2004-02.
iii. Will the proposed use adversely affect the present economic
stability or future economic development of properties
surrounding the area?
The proposed full service cafes and restaurants will
generate City tax revenue and employment in the
community. The full service cafes and restaurants will
provide dining services that compliment surrounding
businesses and residents. As conditioned, the full
service cafes and restaurants will not adversely affect
economic development or stability of the area but will
assist in identifying the project as a viable residential
community.
iv. Will the proposed use comply with the regulations and
conditions specified in Chapter 41 for such use?
The project will be in compliance with all applicable
provisions of Chapters 34 and 41 of the Santa Ana
Municipal Code as well as the provisions of the SD-76
758-159
Resolution No. 2005-064
Page 9 of 28
zoning district except for the parking, and tandem
parking. Two variances are required to deviate from
these standards. The use will also comply with all
applicable County and State provisions, including
health codes and ADA requirements.
v. Will the proposed use adversely affect the General Plan or
any specific plan of the City?
The proposed full service cafes and restaurants are in
an area designated District Center (DC) in the General
Plan. The use is consistent with the General Plan and
SD-76 zoning district. The General Plan Land Use
Element Policy 2.2 supports commercial lad uses in
adequate amounts to accommodate the City's needs for
goods and services. Further, Policy 4.3 of the Land Use
Element supports land uses that provide community and
regional economic and service benefit.
H. Conditional Use Permit No. 2005-15 has been filed with the City of Santa
Ana seeking to allow the construction of a mid-rise condominium
development located at 1 East Hutton Centre Drive and 101 East
Sandpointe Avenue. The development will consist of 276 for sale
condominium units that are situated within three separate buildings. The
project will incorporate one ground level and one subterranean level of
parking that will contain 640 parking stalls.
1. Pursuant to SD-76, multi-family residential uses are permitted subject
to the issuance of a Conditional Use Permit.
2. Santa Ana Municipal Code Section 41-638 authorizes the City
Council to grant a conditional use permit upon making certain
findings.
I. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The proposed multi-family residential use (the Integral
condominiums) at 1 East Hutton Centre Drive and 101
East Sandpointe Avenue will provide a service to the
community by providing for-sale, high-quality residential
housing stocks that will enhance the property value of
the surrounding neighborhoods. Conditions of approval
have been included to ensure the quality and the
attractiveness of the overall design which will contribute
to the general well being of the community.
Resolution No. 2005-064
Page 10 of 28
758-160
ii. Will the proposed use under the circumstances of the
particular case be detrimental to the health, safety, or general
welfare of persons residing or working in the vicinity?
The proposed multi-family residential use in conjunction
with the rest of the MacArthur Place South
development will not be detrimental to persons residing
and working in the area. The short-term and long-term
unavoidable adverse impacts identified in
Environmental Impact Report No. 2004-02 as it pertains
to aesthetics, air quality, and traffic and transportation,
a statement of Overriding Considerations could be
issued by decision makers to balance the economic,
legal, social, and technological and/or other benefits of
this project against the unavoidable environmental
impacts. Any other negative or adverse impacts will be
mitigated through mitigation measures identified in
Environmental Impact Report No. 2004-02.
iii. Will the proposed use adversely affect the present economic
stability or future economic development of properties
surrounding the area?
The proposed condominium project will not adversely
affect the economic stability within the MacArthur Place
South development area. The multi-family residential
component will provide customer base to the retail and
restaurant uses, which will reinforce the economic
viability of the project and will assist in identifying the
entire Hutton Centre as a viable mixed-use community.
iv. Will the proposed use comply with the regulations and
conditions specified in Chapter 41 for such use?
The project will be in compliance with all applicable
provisions of Chapters 34 and 41 of the Santa Ana
Municipal Code as well as the provisions of the SD-76
zoning district except for the parking, and tandem
parking. Two variances are required to deviate from
these standards.
v. Will the proposed use adversely affect the General Plan or
any specific plan of the City?
The proposed project will not adversely affect the
General Plan as multi-family residential development
and ancillary uses are conditionally permitted within
758-161
Resolution No. 2005-064
Page 11 of 28
SD-76 zoning district. Policy 1.3 of the General Plan
Land Use Element encourages high-density residential
development within the City's District Centers. Also,
Policy 1 .4 promotes the maintenance and fostering of a
variety of residential land uses in the city.
I. Vesting Tentative Tract Map No. 2005-02 has been filed seeking approval
of a vesting tentative tract map for the property located at 9 Hutton Centre
(Cinema Tower/loft Building) for condominium purposes.
1. To adopt a Vesting Tentative Tract Map, California Government
Code Section 66474 requires the following findings:
I. The proposed project, as conditioned, and its design and
improvements are consistent with the District Center land use
designation of the General Plan and are otherwise consistent
with all other elements of the General Plan and any applicable
specific plans.
The proposed subdivision, Vesting Tentative Tract Map
No. 2005-02 is consistent with the District Center land
use designation and density prescribed and all other
elements of the General Plan. This project is not
located within any specific plan area of the city.
ii. The proposed project, as conditioned, conforms to all
applicable requirements of the zoning and subdivision codes
as well as other applicable City ordinances.
Resolution No. 2005-064
Page 12 of 28
The proposed subdivision conforms to the minimum
condominium requirements, as well as meets the letter
and intent of the State of California Subdivision Map
Act Provisions. Vesting Tentative Tract Map No. 2005-
02 is in keeping with the Site Plan Review
(Development Project No. 2003-77, 78, 79 and 80) and
Chapter 34 and 41 of the Santa Ana Municipal Code.
Covenants, Conditions and Restrictions (CC&Rs) are
required for the project, which need to be approved by
the City prior to City Council approval of the final map.
iii. The project site is physically suitable for the type and density
of the proposed project.
The proposed site consists of approximately three
acres of land within SD-76, which is physically suitable
for the residential development as proposed. Access to
the site will occur on Hutton Centre Drive for
758-162
automobiles. There are no physical constraints on the
site to preclude development.
iv. The design and improvements of the proposed project will not
cause substantial environmental damage or substantially and
avoidably injure fish and wildlife or their habitat.
An Environmental Impact Report was prepared
pursuant to the California Environment Quality Act for
the project. The project site is located in an urbanized
area, and there are no known fish or wildlife
populations existing on the project site. Therefore, the
proposed subdivision will not cause any substantial
environmental damage or substantially and avoidably
injure fish and wildlife or their habitat.
v. The design or improvements of the proposed project will not
cause serious public health problems.
The proposed subdivision will not have any detrimental
effects upon the general public. The short-term and
long-term unavoidable adverse impacts identified in
Environmental Impact Report No. 2004-02 as it pertains
to aesthetics, air quality, and traffic and transportation,
a statement of Overriding Considerations could be
issued by decision makers to balance the economic,
legal, social, and technological and/or other benefits of
this project against the unavoidable environmental
impacts. Any other negative or adverse impacts will be
mitigated through mitigation measures identified in
Environmental Impact Report No. 2004-02.
vi. The design or improvements of the proposed project will not
conflict with easements necessary for public access through
or use of the property within the proposed project.
There is no easement for public access on this
property, therefore the proposed project will not conflict
with easements necessary for public access through or
use of the property. Public access will be provided
from East Hutton Centre Drive, MacArthur Boulevard
and East Sandpointe Avenue.
J. Vesting Tentative Tract Map No. 2005-03 has been filed seeking approval of
a vesting tentative tract map for the property located at 10 East Hutton
Centre Drive (Lake Towers) for condominium purposes.
758-163
Resolution No. 2005-064
Page 13 of 28
1. To adopt a Vesting Tentative Tract Map, California Government
Code Section 66474 requires the following findings:
I. The proposed project, as conditioned, and its design and
improvements are consistent with the District Center land use
designation of the General Plan and are otherwise consistent
with all other elements of the General Plan and any applicable
specific plans.
Resolution No. 2005-064
Page 14 of 28
The proposed subdivision, Vesting Tentative Tract Map
No. 2005-03 is consistent with the District Center land
use designation and density prescribed and all other
elements of the General Plan. This project is not
located within any specific plan area of the city.
ii. The proposed project, as conditioned, conforms to all
applicable requirements of the zoning and subdivision codes
as well as other applicable City ordinances.
The proposed subdivision conforms to the minimum
condominium requirements, as well as meets the letter
and intent of the State of California Subdivision Map
Act Provisions. Vesting Tentative Tract Map No. 2005-
03 is in keeping with the Site Plan Review
(Development Project No. 2003-77, 78, 79 and 80) and
Chapter 34 and 41 of the Santa Ana Municipal Code.
Covenants, Conditions and Restrictions (CC&Rs) are
required for the project, which need to be approved by
the City prior to City Council approval of the final map.
iii. The project site is physically suitable for the type and density
of the proposed project.
The proposed site consists of approximately 2.8 acres
of land within SD-76, which is physically suitable for the
residential development as proposed. Access to the
site will occur on East Hutton Centre Drive for
automobiles. There are no physical constraints on the
site to preclude development.
iv. The design and improvements of the proposed project will not
cause substantial environmental damage or substantially and
avoidably injure fish and wildlife or their habitat.
An Environmental Impact Report was prepared
pursuant to the California Environment Quality Act for
the project. The project site is located in an urbanized
area, and there are no known fish or wildlife
758-164
populations existing on the project site. Therefore, the
proposed subdivision will not cause any substantial
environmental damage or substantially and avoidably
injure fish and wildlife or their habitat.
v. The design or improvements of the proposed project will not
cause serious public health problems.
The proposed subdivision will not have any detrimental
effects upon the general public. The short-term and
long-term unavoidable adverse impacts identified in
Environmental Impact Report No. 2004-02 as it pertains
to aesthetics, air quality, and traffic and transportation,
a statement of Overriding Considerations could be
issued by decision makers to balance the economic,
legal, social, and technological and/or other benefits of
this project against the unavoidable environmental
impacts. Any other negative or adverse impacts will be
mitigated through mitigation measures identified in
Environmental Impact Report No. 2004-02.
vi. The design or improvements of the proposed project will not
conflict with easements necessary for public access through
or use of the property within the proposed project.
There is no easement for public access on this
property, therefore the proposed project will not conflict
with easements necessary for public access through or
use of the property. Public access will be provided
from East Hutton Centre Drive, MacArthur Boulevard
and East Sandpointe Avenue.
K. Vesting Tentative Tract Map No. 2005-04 has been filed seeking approval of
a vesting tentative tract map for the property located at 1 East Hutton
Centre Drive and 101 East Sandpointe Avenue (Integral project) for
condominium purposes.
1. To adopt a Vesting Tentative Tract Map, California Government
Code Section 66474 requires the following findings:
i. The proposed project, as conditioned, and its design and
improvements are consistent with the District Center land use
designation of the General Plan and are otherwise consistent
with all other elements of the General Plan and any applicable
specific plans.
The proposed subdivision, Vesting Tentative Tract Map
No. 2005-04 is consistent with the District Center land
758-165
Resolution No. 2005-064
Page 15 of 28
Resolution No. 2005-064
Page 16 of 28
use designation and density prescribed and all other
elements of the General Plan. This project is not
located within any specific plan area of the city.
ii. The proposed project, as conditioned, conforms to all
applicable requirements of the zoning and subdivision codes
as well as other applicable City ordinances.
The proposed subdivision conforms to the minimum
condominium requirements, as well as meets the letter
and intent of the State of California Subdivision Map
Act Provisions. Vesting Tentative Tract Map No. 2005-
04 is in keeping with the Site Plan Review
(Development Project No. 2003-77, 78, 79 and 80) and
Chapter 34 and 41 of the Santa Ana Municipal Code.
Covenants, Conditions and Restrictions (CC&Rs) are
required for the project, which need to be approved by
the City prior to City Council approval of the final map.
iii. The project site is physically suitable for the type and density
of the proposed project.
The proposed site consists of approximately four acres
of land within SD-76, which is physically suitable for the
residential development as proposed. Access to the
site will occur on East Sandpointe Avenue and an
internal driveway for automobiles. There are no
physical constraints on the site to preclude
development.
iv. The design and improvements of the proposed project will not
cause substantial environmental damage or substantially and
avoidably injure fish and wildlife or their habitat.
An Environmental Impact Report was prepared
pursuant to the California Environment Quality Act for
the project. The project site is located in an urbanized
area, and there are no known fish or wildlife
populations existing on the project site. Therefore, the
proposed subdivision will not cause any substantial
environmental damage or substantially and avoidably
injure fish and wildlife or their habitat.
v. The design or improvements of the proposed project will not
cause serious public health problems.
The proposed subdivision will not have any detrimental
effects upon the general public. The short-term and
758-166
long-term unavoidable adverse impacts identified in
Environmental Impact Report No. 2004-02 as it pertains
to aesthetics, air quality, and traffic and transportation,
a statement of Overriding Considerations could be
issued by decision makers to balance the economic,
legal, social, and technological and/or other benefits of
this project against the unavoidable environmental
impacts. Any other negative or adverse impacts will be
mitigated through mitigation measures identified in
Environmental Impact Report No. 2004-02.
vi. The design or improvements of the proposed project will not
conflict with easements necessary for public access through
or use of the property within the proposed project.
There is no easement for public access on this
property, therefore the proposed project will not conflict
with easements necessary for public access through or
use of the property. Public access will be provided
from East Hutton Centre Drive, MacArthur Boulevard
and East Sandpointe Avenue.
L. Applicant has requested approval of Variance No. 2005-05 to reduce the
required building setback on Hutton Centre Loop from 10 feet to a minimum
setback of 7 feet, with an average setback of 12 feet, six inches for the
property located at 10 East Hutton Centre Drive (Lake Towers).
1. SD-76 requires that all building maintain a setback of 10 feet on
Hutton Centre Loop.
2. The City Council determines that the following findings which must
be established, pursuant to Santa Ana Municipal Code Section 41-
638, in order to grant a variance, have been established:
i. That because of special circumstances applicable to the
subject property, including size, shape, topography, location or
surroundings, that the strict application of the zoning
ordinance is found to deprive the subject property of privileges
not otherwise at variance with the intent and purpose of the
provisions of this Chapter.
The MacArthur Place South site is a contained site
surrounded by existing commercial and residential
developments. The setback reduction is necessary due
to the design restrictions of the high-rise residential
towers. The setback variance will allow the applicant
the ability to create pedestrian linkages among the
758-167
Resolution No. 2005-064
Page 17 of 28
Resolution No. 2005-064
Page 18 of 28
various land uses within SD-76 and to encourage the
"urban edge" design concept by providing reduced
setback along East Hutton Centre Drive. Further, the
objectives of SD-76 promotes a visually harmonious
development as viewed both internally and externally
and to provide landscaping that is appropriate to the
level of development and to encourage flexibility in
development while achieving overall City and
community goals.
ii. That the granting of a variance is necessary for the
preservation and enjoyment of one or more substantial
property rights.
The granting of the setback variance will preserve the
property owner's ability to develop the property within a
well-designed mixed-use community that is consistent
with the SD-76 zoning district. Upgraded architectural
materials and landscape palette will be incorporated
throughout the proposed MacArthur Place South
development to compensate the reduced setbacks.
iii. That the granting of a variance will not be materially
detrimental to the public welfare or injurious to surrounding
property.
The granting of the setback variance will not be
materially detrimental to the public welfare or injurious
to surrounding property. The short-term and long-term
unavoidable adverse impacts identified in
Environmental Impact Report No. 2004-02 as it pertains
to aesthetics, air quality, and traffic and transportation,
a statement of Overriding Considerations could be
issued by decision makers to balance the economic,
legal, social, and technological and/or other benefits of
this project against the unavoidable environmental
impacts. Any other negative or adverse impacts will be
mitigated through mitigation measures identified in
Environmental Impact Report No. 2004-02.
IV. That the granting of a variance will not adversely affect the
General Plan of the City.
The granting of the variance will not adversely affect
the General Plan of the City since the proposed
MacArthur Place South mixed-use project was
designed in conformance with City Zoning,
758-168
Development, and General Plan requirements except
for the parking, tandem parking and setback
requirements. The General Plan Land Use Element
Policy 1.3 states high-density residential development
within the City's District Centers as a part of a master-
planned mixed-use development is supported. Also,
Policy 2.2 supports commercial lad uses in adequate
amounts to accommodate the City's needs for goods and
services.
M. Applicant has requested approval of Variance No. 2005-07 to reduce the
required parking by 336 parking spaces and to allow 104 tandem parking
spaces, consisting of 52 end-to-end parking spaces, for the property located
at 10 East Hutton Centre Drive (Lake Towers).
1. The parking standard for this use is found in Santa Ana Municipal
Code Section 41-1322.
2. The City Council determines that the following findings which must
be established, pursuant to Santa Ana Municipal Code Section 41-
638, in order to grant a variance, have been established:
i. That because of special circumstances applicable to the
subject property, including size, shape, topography, location or
surroundings, that the strict application of the zoning
ordinance is found to deprive the subject property of privileges
not otherwise at variance with the intent and purpose of the
provisions of this Chapter.
The MacArthur Place South site is a contained site
surrounded by existing commercial and residential
developments. The shared parking analysis, prepared
by Kaku Associates, Inc. has determined that sufficient
parking will be provided for the project during times of
peak demand. The parking variance will allow the
applicant the ability to use the property in a manner that
is consistent with similar surrounding commercial,
residential and professional uses.
The tandem parking will only be used as assigned
parking for the residents. As such, the variance will
allow the applicant the ability to use the property in a
manner that is consistent with similar surrounding
commercial, residential and professional uses.
758-169
Resolution No. 2005-064
Page 19 of 28
Resolution No. 2005-064
Page 20 of 28
ii. That the granting of a variance is necessary for the
preservation and enjoyment of one or more substantial
property rights.
The granting of the variance to allow reduction in
parking requirement will preserve the property owner's
ability to develop the property with a well-designed
mixed-use community that is consistent with the SD-76
zoning district. The shared parking analysis, prepared
by Kaku Associates, Inc. has determined that sufficient
parking will be provided on site in a combination of
structured and surface parking and the adjacent office
parking structure during times of peak demand.
Additionally, a parking plan shall be provided by the
applicant, prior to building plan check, to insure the
parking facilities are not impacted by the tandem
parking spaces. The granting of the variance to allow
tandem parking will preserve the property owner's
ability to develop the property with a well-designed
mixed-use community that is consistent with the SD-76
zoning district.
iii. That the granting of a variance will not be materially
detrimental to the public welfare or injurious to surrounding
property.
The granting of the variance to allow reduction in
parking requirement or allowing the tandem parking will
not be materially detrimental to the public welfare or
injurious to surrounding property. The short-term and
long-term unavoidable adverse impacts identified in
Environmental Impact Report No. 2004-02 as it pertains
to aesthetics, air quality, and traffic and transportation,
a statement of Overriding Considerations could be
issued by decision makers to balance the economic,
legal, social, and technological and/or other benefits of
this project against the unavoidable environmental
impacts. Any other negative or adverse impacts will be
mitigated through mitigation measures identified in
Environmental Impact Report No. 2004-02.
iv. That the granting of a variance will not adversely affect the
General Plan of the City.
The granting of the variance to allow reduction in
parking requirement or allowing tandem parking will not
758-170
adversely affect the General Plan of the City since the
proposed MacArthur Place South mixed-use project
was designed in conformance with City Zoning,
Development, and General Plan requirements except
for the parking, tandem parking, and setback
requirements. The General Plan Land Use Element
Policy 1.3 states high-density residential development
within the City's District Centers as a part of a master-
planned mixed-use development is supported. Also,
Policy 2.2 supports commercial lad uses in adequate
amounts to accommodate the City's needs for goods and
services.
N. Applicant has requested approval of Variance No. 2005-10 to reduce the
required parking by 164 parking spaces and to allow 66 tandem parking
spaces, consisting of 33 end-to-end parking spaces, for the residential,
retail and restaurant uses for the property located at 9 Hutton Centre Drive
(Cinema Tower/Loft Building).
1. The parking standards for these uses are found in Santa Ana
Municipal Code Sections 41-1322,41-1340,41-1341, and 41-1342.
2. The City Council determines that the following findings which must
be established, pursuant to Santa Ana Municipal Code Section 41-
638, in order to grant a variance have been established:
i. That because of special circumstances applicable to the
subject property, including size, shape, topography, location or
surroundings, that the strict application of the zoning
ordinance is found to deprive the subject property of privileges
not otherwise at variance with the intent and purpose of the
provisions of this Chapter.
The MacArthur Place South site is a contained site
surrounded by existing commercial and residential
developments. The shared parking analysis, prepared
by Kaku Associates, Inc. has determined that sufficient
parking will be provided for the project during times of
peak demand. The parking variance will allow the
applicant the ability to use the property in a manner that
is consistent with similar surrounding commercial,
residential and professional uses.
The tandem parking will only be used as assigned
parking for the residents. As such, the variance will
allow the applicant the ability to use the property in a
758-171
Resolution No. 2005-064
Page 21 of 28
Resolution No. 2005-064
Page 22 of 28
manner that is consistent with similar surrounding
commercial, residential and professional uses.
II. That the granting of a variance is necessary for the
preservation and enjoyment of one or more substantial
property rights.
The granting of the variance to allow reduction in
parking requirement will preserve the property owner's
ability to develop the property with a well-designed
mixed-use community that is consistent with the SD-76
zoning district. The shared parking analysis, prepared
by Kaku Associates, Inc. has determined that sufficient
parking will be provided on site in a combination of
structured and surface parking and the adjacent office
parking structure during times of peak demand.
Additionally, a parking plan shall be provided by the
applicant, prior to building plan check, to insure the
parking facilities are not impacted by the tandem
parking spaces. The granting of the variance to allow
tandem parking will preserve the property owner's
ability to develop the property with a well-designed
mixed-use community that is consistent with the SD-76
zoning district.
iii. That the granting of a variance will not be materially
detrimental to the public welfare or injurious to surrounding
property.
IV.
The granting of the variance to allow reduction in
parking requirement or allowing the tandem parking will
not be materially detrimental to the public welfare or
injurious to surrounding property. The short-term and
long-term unavoidable adverse impacts identified in
Environmental Impact Report No. 2004-02 as it pertains
to aesthetics, air quality, and traffic and transportation,
a statement of Overriding Considerations could be
issued by decision makers to balance the economic,
legal, social, and technological and/or other benefits of
this project against the unavoidable environmental
impacts. Any other negative or adverse impacts will be
mitigated through mitigation measures identified in
Environmental Impact Report No. 2004-02.
That the granting of a variance will not adversely affect the
General Plan of the City.
758-172
The granting of the variance to allow reduction in
parking requirement or allowing tandem parking will not
adversely affect the General Plan of the City since the
proposed MacArthur Place South mixed-use project
was designed in conformance with City Zoning,
Development, and General Plan requirements except
for the parking, and tandem parking. The General Plan
Land Use Element Policy 1.3 states high-density
residential development within the City's District Centers
as a part of a master-planned mixed-use development is
supported. Also, Policy 2.2 supports commercial lad
uses in adequate amounts to accommodate the City's
needs for goods and services.
The granting of the variance for tandem parking will not
adversely affect the General Plan of the City since the
proposed MacArthur Place South mixed-use project
was designed in conformance with City Zoning,
Development, and General Plan requirements.
O. Applicant has requested approval of Variance No. 2005-12 to reduce the
required parking by 284 parking spaces and to allow 128 tandem spaces,
which shall consisting of 64 end-to-end parking spaces, for the property
located at 1 East Hutton Centre Drive and 101 East Sandpointe Avenue
(Integral Condominium project).
1. The parking standard for this use is found in Santa Ana Municipal
Code Section 41-1322.
2. The City Council determines that the following findings which must
be established, pursuant to Santa Ana Municipal Code Section 41-
638, in order to grant a variance have been established:
i. That because of special circumstances applicable to the
subject property, including size, shape, topography, location or
surroundings, that the strict application of the zoning
ordinance is found to deprive the subject property of privileges
not otherwise at variance with the intent and purpose of the
provisions of this Chapter.
The MacArthur Place South site is a contained site
surrounded by existing commercial and residential
developments. The shared parking analysis, prepared
by Kaku Associates, Inc. has determined that sufficient
parking will be provided for the project during times of
peak demand. The parking variance will allow the
applicant the ability to use the property in a manner that
758-173
Resolution No. 2005-064
Page 23 of 28
Resolution No. 2005-064
Page 24 of 28
is consistent with similar surrounding commercial,
residential and professional uses.
The tandem parking will only be used as assigned
parking for the residents. As such, the variance will
allow the applicant the ability to use the property in a
manner that is consistent with similar surrounding
commercial, residential and professional uses.
ii. That the granting of a variance is necessary for the
preservation and enjoyment of one or more substantial
property rights.
The granting of the variance to allow reduction in
parking requirement will preserve the property owner's
ability to develop the property with a well-designed
mixed-use community that is consistent with the SD-76
zoning district. The shared parking analysis, prepared
by Kaku Associates, Inc. has determined that sufficient
parking will be provided on site in a combination of
structured and surface parking and the adjacent office
parking structure during times of peak demand.
Additionally, a parking plan shall be provided by the
applicant, prior to building plan check, to insure the
parking facilities are not impacted by the tandem
parking spaces. The granting of the variance to allow
tandem parking will preserve the property owner's
ability to develop the property with a well-designed
mixed-use community that is consistent with the SD-76
zoning district.
iii. That the granting of a variance will not be materially
detrimental to the public welfare or injurious to surrounding
property.
The granting of the variance to allow reduction in
parking requirement or allowing the tandem parking will
not be materially detrimental to the public welfare or
injurious to surrounding property. The short-term and
long-term unavoidable adverse impacts identified in
Environmental Impact Report No. 2004-02 as it pertains
to aesthetics, air quality, and traffic and transportation,
a statement of Overriding Considerations could be
issued by decision makers to balance the economic,
legal, social, and technological and/or other benefits of
this project against the unavoidable environmental
758-174
impacts. Any other negative or adverse impacts will be
mitigated through mitigation measures identified in
Environmental Impact Report No. 2004-02.
iv. That the granting of a variance will not adversely affect the
General Plan of the City.
The granting of the variance to allow reduction in
parking requirement or allowing tandem parking will not
adversely affect the General Plan of the City since the
proposed MacArthur Place South mixed-use project
was designed in conformance with City Zoning,
Development, and General Plan requirements except
for the parking, and tandem parking. The General Plan
Land Use Element Policy 1.3 states high-density
residential development within the City's District Centers
as a part of a master-planned mixed-use development is
supported. Also, Policy 2.2 supports commercia/lad
uses in adequate amounts to accommodate the City's
needs for goods and services.
The granting of the variance for tandem parking will not
adversely affect the General Plan of the City since the
proposed MacArthur Place South mixed-use project
was designed in conformance with City Zoning,
Development, and General Plan requirements.
Section 2. Final Environmental Impact Report No. 2004-02, the Mitigation
Monitoring Program, and the Statement of Overriding Considerations was approved and
adopted by resolution by the City Council on June 20, 2005. At the June 20, 2005
meeting, the City Council also adopted an ordinance approving Amendment Application
No. 2005-01 and adopted an ordinance approving Development Agreement No. 2005-02
for the property located at 1, 9, And 10 East Hutton Centre Drive and 101 East
Sandpointe Avenue. This resolution incorporates by reference, as though fully set forth
herein, the ordinances and resolution and said Final Environmental Impact Report,
Mitigation Monitoring Program, and Statement of Overriding Considerations, and all of
their respective facts, findings and conclusions in support of this resolution and the
findings made herein.
Section 3. The City Council of the City of Santa Ana after conducting the public
hearing hereby approves:
A. Conditional Use Permit No. 2005-10 as conditioned in Exhibit "An attached
hereto and incorporated herein for the Lake Towers residential project, 10
East Hutton Centre Drive.
758-175
Resolution No. 2005-064
Page 25 of 28
B. Conditional Use Permit No. 2005-11 as conditioned in Exhibit "B" attached
hereto and incorporated herein for the Cinema Tower and Loft residential
projects, 9 Hutton East Hutton Centre Drive.
C. Conditional Use Permit No. 2005-12 as conditioned in Exhibit "C" attached
hereto and incorporated herein for the Cinema Retail project, 9 Hutton East
Hutton Centre Drive.
D. Conditional Use Permit No. 2005-13 as conditioned in Exhibit "D" attached
hereto and incorporated herein for the Cinema Restaurant project, 9 Hutton
East Hutton Centre Drive.
E. Conditional Use Permit No. 2005-15 as conditioned in Exhibit "E" attached
hereto and incorporated herein for the Integral residential project, 1 East
Hutton Centre Drive and 101 East Sandpointe Avenue.
F. Vesting Tentative Tract Map No. 2005-02 (County Map No. 16621) as
conditioned in Exhibit "F" attached hereto and incorporated herein for the
Integral project, 1 East Hutton Centre Drive and 101 East Sandpointe
Avenue.
G. Vesting Tentative Tract Map No. 2005-03 (County Map No. 16622) as
conditioned in Exhibit "G" attached hereto and incorporated herein for the
Cinema Tower and Loft projects, 9 East Hutton Centre Drive.
H. Vesting Tentative Tract Map No. 2005-04 (County Map No. 16626) as
conditioned in Exhibit "H" attached hereto and incorporated herein for the
Lake Towers project, 10 East Hutton Centre Drive.
I. Variance No. 2005-05 as conditioned in Exhibit "I" attached hereto and
incorporated herein to allow a reduction in setbacks for the Lake Towers
project, 10 East Hutton Centre Drive.
J. Variance No. 2005-07 as conditioned in Exhibit "J" attached hereto and
incorporated herein for a reduction in parking and tandem parking for the
Lake Towers project, 10 East Hutton Centre Drive.
K. Variance No. 2005-10 as conditioned in Exhibit "K" attached hereto and
incorporated herein for a reduction in parking for the Cinema residential,
retail and restaurant uses and to allow tandem parking, 9 East Hutton
Centre Drive.
L. Variance No. 2005-12 as conditioned in Exhibit "L" attached hereto and
incorporated herein to allow tandem parking for the Integral condominium
project, 1 East Hutton Centre Drive and 101 East Sandpointe Avenue.
These decisions are based upon the evidence submitted at the abovesaid hearing,
which includes but not is not limited to: the Request for Council Action dated June 20,
2005 and exhibits attached thereto; and the public testimony written and oral, all of which
are incorporated herein by this reference.
Section 4. This Resolution shall not be effective unless and until Ordinance No.
NS-2691 becomes effective. If said ordinance is for any reason held to be invalid or
Resolution No. 2005-064
Page 26 of 28
758-176
unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not
go into effect for any reason, then this resolution shall be null and void and have no further
force and effect.
Section 5. This decision rendered by the City Council of the City of Santa Ana is
final and is subject to judicial review pursuant to California Code of Civil Procedure
section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the
Council's decision and these findings.
ADOPTED this
day of June, 2005
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
758-177
Resolution No. 2005-064
Page 27 of 28
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2005-064 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. 2005-064
Page 28 of 28
758-178
Conditions for Approval for Conditional Use Permit No. 2005-10
Conditional Use Permit No. 2005-10 (Lake Towers) is approved subject to compliance, to
the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the
following conditions of approval:
The applicant must comply with each and every condition listed below prior to exercising
the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the life
of the development project. Failure to comply with each and every condition may result in
the revocation of the conditional use permit approval.
A. Plannina Division
1 . All proposed site improvements must conform with the Site Plan Review
approval of DP No. 03-79.
2. Any amendment to this conditional use permit must be submitted to the
Planning Division for review. At that time, staff will determine if
administrative relief is available or the conditional use permit must be
amended.
3. A Parking Management Plan documenting how the tandem parking stalls
will function must be submitted prior to building plan check.
4. The project shall incorporate on-site professional property management
for the residential component.
5. Balconies for the project shall maintain a minimum dimension of not less
than six feet in any direction.
6. Covenants, Conditions and Restrictions (CC&Rs) shall be provided for the
project. At a minimum, the CC&Rs shall include provisions pertaining to
owner occupancy, restrictions on home-based businesses, the prohibition
of storage on balconies, and a restriction on truck delivery hours to non-
peak periods shall be submitted prior to building plan check.
7. Prior to submittal into building plan check, detailed elevations shall be
submitted to include exterior finishes, materials, and colors subject to
approval of the Planning Manager.
Exhibit "A"
Page 1 of 15
758-179
8. All parking for the project shall be made available free of charge. Two
parking spaces per dwelling unit shall be provided as a part of the deed for
each dwelling unit.
9. A Public Art Plan which proposes a specific work(s) of art for a specific
location(s) shall be submitted to the Planning Commission for review and
approval. All public art approved by the Planning Commission shall be
completely installed prior to the issuance of a certificate of occupancy for the
project.
10. A detailed landscape plan must be reviewed and approved prior to
issuance of any building permits. In addition to the landscaping palette,
the plan shall include details on the hardscape design, lighting concepts
and outdoor furniture. At a minimum, the project shall incorporate the
amount and size of landscaping as shown on Sheet MLP1.1, attached
hereto as Attachment 1 and incorporated by this reference as though fully
set forth herein. The exact specifications for these items are subject to the
review and approval of the Planning Commission.
11. After project occupancy, landscaping is to be maintained to include the
minimum level of plant materials installed at the time of occupancy as
required by the approved plans.
12. A detailed amenity deck plan must be reviewed and approved prior to
issuance of any building permits. The plan shall include details on the
hardscape design, lighting concepts and outdoor furniture for the amenity
deck as well as an installation plan. The exact specifications for these
items are subject to the review and approval of the Planning Commission.
The amenity deck shall be maintained in the same condition as installed at
the time of occupancy.
13. A detailed water feature plan must be reviewed and approved prior to
issuance of any building permits. The plan shall include a minimum of one
water feature within the motor court, elevations, hardscape design, lighting
concepts and an installation plan. The exact specifications for these items
are subject to review and approval of the Planning Commission. The water
feature(s) shall be maintained in the same condition as installed at the time
of occupancy.
14. The following items must be included as exterior amenities for the
development: Enhanced paving in the motor court, enhanced paving on
the walkways. an outdoor fireplace, barbeque and a pool and spa on the
amenity deck. The exact specifications for these items are subject to the
review and approval of the Planning Commission.
Exhibit "A"
Page 2 of 15
758-180
15. An interior building amenity plan of the fitness rooms, lounge, yoga room
and spas must be reviewed and approved prior to issuance of any building
permits. The plan shall include details on the various finishes and
equipment to be provided in these rooms. The exact specifications for
these items are subject to the review and approval of the Planning
Manager.
16. The following items must be included as interior amenities within the
common areas: Concierge services for the residents, granite counter tops,
hardwood flooring or equivalent, and gas fireplaces. The exact
specifications for these items are subject to the review and approval of the
Planning Manager.
17. The following items must be included as interior amenities within each
unit: granite counter tops or equivalent, hardwood flooring or equivalent,
General Electric Monogram appliances or equivalent, tiled bathroom and
shower walls, stain grade hard wood cabinets and individual laundry hook-
ups. The exact specifications for these items are subject to the review
and approval of the Planning Manager.
18. An elevator lobby plan of each lobby must be reviewed and approved prior
to issuance of any building permits. The plan shall include details on the
finishes and flooring to be provided. The exact specifications for these
items are subject to the review and approval of the Planning Manager.
19. Pedestrian walkways shall be provided through all lots to establish
pedestrian pathways throughout the development as shown on
Attachment 2 and incorporated by this reference as though fully set forth
herein. The amenities to be provided along this pathway shall include
decorative concrete and paving, accent lighting, and landscape planters
as shown on the plans. The materials and design of the walkway is
subject to the review and approval of the Planning Manager. The
improvements in each phase must be completed prior to occupancy of the
first unit in the respective phases.
20. One storage locker shall be provided for each residential unit. The lockers
shall be available at no cost to the residents and shall be a minimum of
192 cubic feet in size.
21. Cast iron drain pipes shall be provided for the project.
22. Smart wiring, including cable television and high-speed cable for
computers, shall be provided for each unit and within the project's
common areas.
Exhibit "A"
Page 3 of 15
758-181
23. Signage to direct customers and guests to the adjacent parking structure
shall be provided. A directional sign plan needs to be submitted and
approved by the Planning Manager prior to issuance of a certificate of
occupancy.
24. Construction workers for the project shall be prohibited from parking in the
adjacent neighborhoods.
25. Prior to issuance of building permits, a Waste Management Plan shall be
submitted to the Planning Manager for approval. The plans shall include
information on items such as pick-up, delivery, and types of bins required.
Mitiaation Measures
26. Prior to issuance of building permits, the project developer shall ensure
that the building plans reflect the following information: outdoor lighting
fixtures adjacent to exterior doors and within walkways and parking lots
shall generate a minimum 1.0 foot candle level of light during normal
operation hours. During non-operating hours, outdoor lighting fixtures
shall generate no less than .25 foot candle level of light. All lighting shall
be directed towards the interior of the project site.
27. Prior to issuance of building permits, building plans for the proposed
project shall reflect the use of non-reflective building materials to minimize
light and glare impacts.
28. Prior to the issuance of building permits, a Final Landscape Plan for each
building component of the project shall be approved by the City of Santa
Ana Planning and Building Agency. The Final Landscape Plan shall be
based on the conceptual landscape plan included in the EIR.
29. Prior to issuance of Certificate of Occupancy Permits, the required
landscaping for each building component of the project shall be installed
to the satisfaction of the City of Santa Ana Planning Department.
30. Prior to the issuance of a building permit, the project developer shall
provide the Planning Manager plans that incorporate lighting and any
other conditions in the manner required by the FAA during the
construction phase (e.g. for the cranes) and atter completion.
31. Pursuant to state law, prior to issuance of a certificate of a use and
occupancy permit, the project proponent shall provide evidence to the City
of Santa Ana that a Notice of Airport in the vicinity has been recorded on
the deed for each residential unit and shall remain so recorded so as long
as the airport is in operation.
Exhibit "A"
Page 4 of 15
758-182
32. As required by the AELUP, prior to issuance of the certificate of use and
occupancy, the City shall ensure that the sales office for the residential
unit posts a conspicuous sign informing potential buyers to the presence
of the airport. The notice shall be in the same language as the need
notice.
33. Prior to the issuance of a building permit, the project developer shall
provide evidence to the Planning Manager that an FAA "NO Hazard"
determination has been secured for the operation of construction cranes.
The project developer shall demonstrate compliance with any conditions
imposed by the FAA.
34. During construction, the contractor shall be required to comply with
SCAQMD Fugitive Dust Rule 403 to suppress dust generated by
construction operations. To ensure compliance with SCAQMD Fugitive
Dust Rule 403, grading plans and demolition plans for the proposed
project shall reflect the following notes:
· All materials excavated or graded shall be sufficiently watered to
prevent excessive amounts of dust. Watering with complete
coverage shall occur at least twice daily, once in the late moming and
once after work is done for the day.
· All clearing and earthwork activities shall cease during periods of high
winds (winds greater than 25 mph averaged over one hour) or during
Stage 1 or Stage 2 smog episodes.
· Internal roadways and project site entry and exit points shall be
cleaned at the end of each day by the project developer. Dust and
debris from construction activities that migrates or is carried onto
MacArthur Boulevard or Main Street adjacent to the project site shall
also be cleaned each day.
· All material transported off-site shall either be sufficiently watered or
securely covered to prevent excessive amounts of dust. Haul trucks
leaving the site shall have a minimum freeboard distance of 12-
inches.
· Construction equipment leaving the project site shall be wheel
washed.
· The amount of area disturbed by clearing and earthwork activities
shall be minimized at all times.
· Equipment engines shall be maintained in good condition and in
proper tune according manufacturer's specifications.
Exhibit "A"
Page 5 of 15
758-183
. To the extent feasible, construction equipment shall use alternative
clean fuels such as compressed natural gas equipment with
oxidation catalysts. If alternative clean fuels are not feasible,
gasoline powered construction equipment shall be used.
. Construction equipment operating on diesel fuel shall use
particulate filters or low sulfur diesel.
. To the extent feasible construction operations shall use electricity
from power poles in-lieu of temporary diesel or gasoline-powered
generators.
35. Prior to commencement of construction activities, the project developer shall
identify to the City a construction relations officer to act as a community
liaison concerning on-site activity, including resolution of issues related to
dust generation from grading/paving activities. A publicly visible sign shall
be posted with the name of construction relations officer and a telephone
number.
36. During finish work, the construction contractor shall ensure the minimization
of ROG emissions. Building plans for the project shall specify and require
the use of pre-coated building materials, use of high pressure-low volume
(HPL V) paint applicators with 50 percent efficiency, and use of lower
volatility paint not to exceed 100 grams of ROG per liter.
37. During construction and grading activities, the developer's construction
contractor shall comply with the measures set forth in the Storm Water
Pollution Prevention Plan (SWPPP) to ensure that airborne dust is kept to a
minimum.
38. Prior to issuance of building permits and to the extent feasible, building plans
for the proposed project shall reflect the use of the following measures.
· Use low-polluting high energy-efficient appliances
· Install solar panels on roofs to supply electricity for heating and
cooling
· Use double-paned windows to reduce thermal loss
· Install automatic lighting on/off controls and energy-efficient lighting
· Use light colored roofing materials in new construction to deflect
heat away from buildings.
39. During grading operations, special handling of on-site soils shall be
required due to the high moisture content of the soils, which is well above
optimum moisture conditions. The City of Santa Ana shall monitor the
grading contractor to ensure stabilization of the soils during grading prior
Exhibit "A"
Page 6 of 15
758-184
to placing and compacting fill soils over wet sub-grade soils, as
recommended in the geotechnical investigation prepared by Geotechnical
Professionals, Inc.
40. Prior to issuance of building permits, the project developer shall ensure
that pile foundations are incorporated into the project design to mitigate
the potential settlement hazards beneath the proposed buildings. Pile
foundations shall be installed according to the recommendations provided
in the project geotechnical report.
41. Prior to issuance of building permits, the project developer shall ensure
that the subterranean portion of the structures is designed and installed to
resist hydrostatic pressure and be a water-proof barrier between the
existing soils and subterranean portions of the buildings. This design and
installation shall be consistent with the recommendations provided in the
project geotechnical report.
42. Prior to initiation of project grading, the project developer shall ensure that
all existing utilities will be relocated, abandoned and removed, rerouted, or
protected in coordination with the project developer and affected utility
companies.
43. Prior to issuance of a grading permit for project construction, the project
developer shall ensure that a Final Geotechnical Report on the project site
is prepared. All recommendations from this Final Geotechnical Report
shall be incorporated into the final grading plan for the project.
44. Prior to issuance of building permits, the project developer shall ensure
that all structures on the site are designed in accordance with the seismic
design provisions set forth in the Final Geotechnical Report and the
Uniform Building Code in order to promote safety in the event of a seismic
event.
45. Prior to issuance of grading permits, the project developer shall determine
and demonstrate to the City of Santa Ana that the foundation piles for the
project would not intrude into the Orange County groundwater basin. In
the event the foundations intrude into the groundwater basin, the project
developer shall obtain approval and/or permits from the Orange County
Water District and the Regional Water Quality Control Board. Any
measures required by these agencies will be incorporated into the final
design and construction specifications for the project.
46. Prior to issuance of grading permits, the project developer shall ensure
that provisions set forth in the Final Geotechnical Report regarding dust
control measures during site preparation, grading and construction are
incorporated into the final construction specifications for the project.
Exhibit "A"
Page 7 of 15
758-185
47. Prior to issuance of Certificate of Occupancy permits, the project
developer shall submit to the City of Santa Ana CC&Rs for each
residential project. The CC&Rs shall outline the environmental
awareness, conditions and Best Management Practices regarding the
handling and storage of hazardous materials as identified in the Water
Quality Management Plan for MacArthur Place South.
48. Prior to issuance of grading permits, the project developer shall provide
proof to the City of Santa Ana of an NPDES permit from the RWQCB for
on-site dewatering activities.
49. The residential management companies shall ensure that post-
construction Best Management Practices (BMPs) are strictly adhered to
by all building occupants and tenants.
50. Prior to issuance of a demolition permit, the project developer shall
prepare an asbestos survey to determine the presence of asbestos
containing building materials. The survey shall be submitted to the City's
Environmental Coordinator for review. If asbestos is identified, proper
precautions shall be taken during demolition in compliance with California
environmental laws, regulations and policies.
51. Prior to issuance of a demolition permit, the project developer shall
prepare a lead paint survey to determine the presence of lead based
paint. The survey shall be submitted to the City's Environmental
Coordinator for review. If lead based paint or mercury is identified, proper
precautions shall be taken during demolition in compliance with California
environmental laws, regulations and policies.
52. Prior to occupancy of residential units, the project developer shall ensure
that CC&Rs for the community homeowners associations are recorded
specifying maintenance responsibilities for all BMPs identified in the Water
Quality Management Plan.
53. Prior to issuance of a grading permit for the project, the project developer
shall prepare and submit a Notice of Intent (NOI) to the State Water
Resources Control Board (SWRCB). The developer will also submit the
NOI and the project Water Discharge identification Number (WDIN)
provided by the SWRCB to the City of Santa Ana City Engineer.
54. During all site preparation, grading and construction, the project developer
shall ensure that the project contractor complies with all applicable
requirements of the NPDES permit, the Drainage Area Management Plan
(DAMP), and the City's Local Implementation Plan (LIP). BMPs from the
DAMP and the LIP will be implemented by the project contractors, as
appropriate during site preparation, grading and construction.
Exhibit "A"
Page 8 of 15
758-186
55. Prior to issuance of a grading permit, the project developer shall prepare a
Final Storm Water Pollution Prevention Plan (SWPPP). This plan shall be
submitted and approved by the City Engineer prior to initiation of any
grading activity. The project shall maintain the SWPPP on the
construction site throughout the construction period.
56. During all site preparation, grading and construction, the project developer
shall ensure that its contractor implements the provisions of the SWPPP.
57. Prior to the issuance of grading permits, the project developer shall submit
a Final Water Quality Management Plan (WQMP) based on the Final
Grading Plan, to be approved by the City's Director of Public Works. The
WQMP shall be consistent with the DAMP and shall contain provisions
and BMPs for construction and operation conditions.
58. Prior to the issuance of building permits, the project developer shall pay
the City's drainage impact fee.
59. Prior to the issuance of grading permits, the project developer shall verify
that structural BMPs have been permanently incorporated into project
plans. Such BMPs shall ensure that pollutants from project-related storm
water runoff are mitigated consistently with applicable state and local
standards.
60. Prior to issuance of grading permits, the project developer shall submit a
final drainage plan to the City identifying the exact size and location of
drainage facilities.
61. Prior to issuance of grading permits, the project developer shall provide
proof of an NPDES permit from RWQCB to the City for onsite dewatering
activities.
62. Prior to issuance of building permits for tenant improvements for
restaurant uses, the project developer shall ensure that the proposed
restaurants are fitted with grease interceptors to the size and capacity as
designated by the City of Santa Ana Building Division.
63. Prior to issuance of building permits, building plans shall reflect the
construction of noise barriers to ensure an exterior noise level of 65 CNEL
or less around patios and balconies that are considered open space by
the City of Santa Ana. The barriers shall be constructed of materials that
provide a surface density of at least four pounds per square foot and shall
be continuous (without gaps or gates). The height of the barriers shall be
sufficient to reduce the exterior noise level to a CNEL of 65 dB or less,
Exhibit "A"
Page 9 of 15
758-187
and shall be determined by a qualified acoustical consultant as part of the
final engineering design of the project.
64. Prior to issuance of building permits, building plans shall specify the STC
rating of windows and doors for all residential land uses. Window and
door ratings shall be sufficient to reduce the interior noise level to a CNEL
of 45 dB or less, and shall be determined by a qualified acoustical
consultant as part of the final engineering design of the project.
65. Prior to building occupancy, mechanical ventilation shall be installed at the
proposed condominiums and residential towers since the interior CNEL
standard of 45 dB is to be met with all windows and doors closed.
66. Prior to building occupancy, to the extent possible, all equipment shall be
enclosed within a building or separate structure. Where this is not
possible, barriers may be necessary to shield the equipment from the
existing and proposed residential buildings. Depending on the size and
style of the equipment, silencers in the intake and exhaust ducts may also
be necessary to reduce noise at the residential buildings to an acceptable
level.
67. Upon project completion, truck deliveries to the restaurant and the retail
building shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. Delivery
trucks shall not be permitted to idle in the parking lots or loading areas and
shall be required to have properly maintained, factory approved mufflers.
Delivery truck drivers shall be encouraged to minimize acceleration and
maintain reduced vehicle speeds while onsite.
68. Demolition and construction plans for the proposed project shall reflect the
following note: "During demolition and construction, the contractor shall
adhere to all City Noise Ordinance requirements to limit all construction
activity, including equipment start-up, to between the hours of 7:00 a.m.
and 8:00 p.m. Mondays through Saturdays. No construction shall take
place on Sundays or federal holidays.
69. During demolition and construction, the contractor shall site all
construction staging and storage areas away from sensitive receptors to
the furthest extent possible.
70. During construction activities, the project developer shall ensure that all
pile driving equipment shall be enclosed on all sides with an acoustical
blanket barrier that provides a minimum sound transmission class (STC)
rating of 30. The height of the blanket enclosure shall be at least 20-feet.
With the exception of points of access to the enclosure area, there shall
be no openings or gaps in the enclosure, and all points of access are to
remain closed during pile driving activities. Notwithstanding Mitigation
Exhibit "An
Page 1 0 of 15
758-188
Measure No. 67, pile driving shall not commence prior to 8:00 a.m. on
Saturday.
71. Prior to issuance of grading or demolition permits, the project developer
shall submit a construction equipment staging plan to the City of Santa
Ana for approval.
72. Prior to the start of construction activity, the project developer shall post
the name and telephone number of the construction relations officer on-
site.
73. Prior to any site preparation, grading or construction, the project contractor
shall provide to resident associations in the Sandpointe neighborhood, the
Main Attraction Condominiums and the Pinnacle Apartments a project
schedule indicating the type of construction activity and duration,
construction staging areas and the name and telephone number of the
construction relations officer.
74. Prior to issuance of occupancy permits, the project developer, at the
project developer's sole expense, shall conduct a noise monitoring
analysis to ensure that residential units achieve an interior noise level of
45 dB CNEL. The analysis shall be conducted by a qualified acoustical
consultant and shall be submitted to the City's Planning and Building
Agency for review.
75. Prior to issuance of a building permit, the project developer shall
coordinate any required relocation of fire hydrants on the property with
Santa Ana Fire Department. Final approval from the Fire Department is
required regarding location of hydrants on the project site.
76. Prior to issuance of a grading permit, the project developer shall submit
building plans to the Santa Ana Police Department in order to ensure
compliance with the City of Santa Ana's Building Security Ordinance. The
Police Department must approve the building plans with regard to the
Building Security Ordinance prior to initiation of grading.
77. Prior to issuance of a building permit, the project developer shall prepare a
Mandated Security Plan, which would need final Police department
approval. The plan is required to address issues such as onsite uniform
security staffing, restriction of hours of operation for the parking garages,
implementation of electronic security, mechanical surveillance, and
compliance with the basic principles of Crime Prevention Through
Environmental Design.
78. Prior to issuance of a building permit, the project developer shall comply
with Senate Bill 50 and pay applicable school impact fees. Currently, the
Exhibit "An
Page 11 of 15
758-189
Santa Ana Unified School District's adopted Fee Justification for
residential development is $2.14 per square foot and $0.33 per square
foot for commercial development.
79. Prior to issuance of a building permit, the project developer shall ensure
that the appropriate park Acquisition and Development Fee and parkland
dedication or in-lieu payments have been made.
80. Prior to issuance of building permits, the project developer shall submit a
Construction Phasing Plan to Santa Ana Fire Department. The plan must
be consistent with the Fire Department Fire Code requirements and must
show that emergency access to the construction site is adequate.
81. Prior to issuance of building permits, the project developer shall provide
evidence to the Santa Ana Fire Department that the proposed fire
protection and life saving systems incorporated in the project are
adequate.
82. Prior to issuance of building permits, the project developer shall submit the
final design of the project, including fire sprinklers system design to the
Santa Ana Fire Department for approval.
83. Prior to issuance of building permits, the project developer shall
coordinate with the Santa Ana Fire Department and the Santa Ana Police
Department regarding possible radio interference and installation of radio
repeaters on a tower rooftop.
84. Prior to issuance of building occupancy permits, the project developer in
cooperation with the City of Santa Ana, shall provide for the restriping of
the outside southbound through lane at the intersection of Main Street and
Sunflower to a shared through and right turn lane.
85. Prior to issuance of building occupancy permits, the project developer in
cooperation with the City of Santa Ana, shall provide for the restriping the
shared through right-turn lane at Hutton Centre Drive and MacArthur
Boulevard to provide an exclusive through lane and construct a second
northbound right turn lane for the northbound traffic.
86. Prior to issuance of building occupancy permits, the project developer
shall pay for the construction of a third eastbound through lane on
MacArthur Boulevard between Hutton Centre Drive/lmperial Promenade
and the SR-55 northbound on-ramp.
87. Prior to the issuance of building occupancy permits, the project developer
in cooperation with the City of Santa Ana, shall provide for the installation
of a traffic signal at Hutton Centre Drive and Hutton Centre Loop.
Exhibit "A"
Page 12 of 15
758-190
88. Prior to issuance of building occupancy permits, the project developer
shall pay for the construction of a fourth eastbound lane on MacArthur
Boulevard between Hutton Centre Drive/Imperial Promenade and the SR-
55 southbound on-ramp.
89. Prior to issuance of building occupancy permits, the project developer
shall contribute $200,000 for the City of anta Ana to prepare a
neighborhood traffic study to assess any intrusion of project traffic into the
Sandpointe Neighborhood. If traffic intrusion is attributable to the project,
corrective measures could include forced-turn channelization, semi-
diverters, diagonal diverters and cul-de-sacs.
90. Prior to issuance of building occupancy permits, the project developer
shall develop a parking plan in cooperation with the City of Santa Ana to
ensure that parking needs are met.
91. Prior to issuance of building occupancy permits the project developer shall
pay a fair-share contribution for restriping a second eastbound right-turn
lane at the intersection of Main Street and Sunflower in order to achieve
LOS D for 2025.
92. Prior to issuance of grading permits, the project developer shall coordinate
with SCE to determine the exact location of all underground and overhead
electrical facilities. All electrical facilities and associated structures to be
left on the project site shall be protected from damage.
93. Prior to issuance of grading permits, the project developer shall ensure
that grading plans reflect the under grounding of utility lines serving the
proposed project.
94. Prior to issuance of grading permits, the project developer shall coordinate
with Southern California Gas to determine the exact location of all
underground natural gas facilities. All gas pipelines and associated
structures to be left on the project site must be protected from damage.
95. Prior to issuance of grading permits, the project developer shall coordinate
with Adelphia Communications to determine the exact location of all
underground cable facilities. The developer shall protect all existing cable
lines and associated structures to be left on the project site for damage.
96. Prior to issuance of grading permits, the project developer shall coordinate
with SBC Communications (formerly Pacific Bell) to determine the exact
location of all underground telephone facilities. The developer shall
protect all existing telephone lines and associated structures to be left on
the project site from damage.
Exhibit "A"
Page 13 of 15
758-191
97. Prior to issuance of grading permits, the project developer shall
demonstrate to the City of Santa Ana that construction-related waste
generated on-site would be recycled wherever feasible as the first choice
of disposal method, leaving the option of landfill disposal as a last
alternative. The proposed commercial uses shall incorporate facilities for
collection and pick-up of recyclable materials into the design of the project.
98. Prior to issuance of grading permits, the project developer shall coordinate
with the Santa Ana Water Division to determine the exact location of all
existing underground water supply facilities and take action to prevent
damage to these facilities to be left on the project site or interfere with their
operation. The project developer shall pay their fair share amount for the
necessary facilities to accommodate project-related water supplies.
99. Prior to issuance of building permits, the existing eight-inch sewer line
along Hutton Centre Drive north of Sandpointe Avenue, shall be replaced
with a new 10-inch sewer line.
100. Prior to issuance of grading permits, the project developer shall coordinate
with Waste Management on the type and location of facilities needed to
provide solid waste disposal service to the project site.
101. Prior to issuance of grading permits, the project developer shall perform
soil testing to determine is soil to be excavated from the site will require
off-site disposal. If the soil is found to be contaminated, it will be properly
disposed of in compliance with California environmental laws, regulations
and policies.
B. Police Department
1. A security plan must be submitted to the Police Department at the plan
check stage for approval. The plan must cover all aspects of the projects
security including security personnel, surveillance equipment, and
hardware. The project will be required to have a minimum of four state
licensed uniformed security personnel. One security officer will be
required for each building, one for the podium level and one for the
parking garage.
2. A minimum 12-inch shatterproof convex mirror shall be installed at each
stair landing. All doors leading into stairwells shall be equipped with a
minimum 5-inch by 20-inch fire rated window. The last flight of stairs shall
be fully enclosed at its base.
3. The City of Santa Ana parking structure design standards shall be
followed in its entirety. Duress alarms allowing voice communication with
Exhibit "A"
Page 14 of 15
758-192
security personnel shall be placed in strategic locations, approved by the
Police Department, throughout the parking garage.
4. All project walkways shall be illuminated to a minimum maintained one
footcandle of light.
5. All elevators serving the residential component of the project shall be
equipped with card readers at the garage levels to restrict unauthorized
access into the residential towers. The elevator lobbies shall be designed
and constructed of material that allows maximum visibility of the interior of
the lobby from the parking decks. Glazing material will be used to its
maximum extent.
Exhibit "A"
Page 15 of 15
758-193
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2 of 2
758-196
Conditions for Approval for Conditional Use Permit No. 2005-11
Conditional Use Permit No. 2005-11 (Cinema Tower/Lofts) is approved subject to
compliance, to the reasonable satisfaction of the Planning Manager, with applicable
sections of the Santa Ana Municipal Code, the Califomia Administrative Code, the Uniform
Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it
shall meet the following conditions of approval:
The applicant must comply with each and every condition listed below prior to exercising
the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the life
of the development project. Failure to comply with each and every condition may result in
the revocation of the conditional use permit approval.
A. Plannina Division
1. All proposed site improvements must conform with the Site Plan Review
approval of DP No. 03-80.
2. Any amendment to this conditional use permit must be submitted to the
Planning Division for review. At that time, staff will determine if
administrative relief is available or the conditional use permit must be
amended.
3. The project shall incorporate on-site professional property management
for both the residential and office components.
4. Prior to submittal into building plan check, revised plans for the Cinema
Loft building shall be submitted for review. The plans shall include details
on the materials and finishes proposed for the building.
5. Bedrooms are prohibited on the ground (first) floor of the Cinema Loft
building.
6. Prior to submittal into building plan check, detailed elevations shall be
submitted to include exterior finishes, materials, and colors subject to
approval of the Planning Manager.
7. A Parking Management Plan documenting how the tandem parking stalls
will function must be submitted prior to building plan check.
8. All parking for the project shall be made available free of charge. The
parking spaces per dwelling unit shall be provided as a part of the deed for
each dwelling unit.
Exhibit "8"
Pa~ 1 of 15
7t)8-197
9. Balconies for the project shall maintain a minimum dimension of not less
than six feet in any direction.
10. Covenants, Conditions and Restrictions (CC&Rs) shall be provided for the
project. At a minimum, the CC&Rs shall include provisions pertaining to
owner occupancy, restrictions on home-based businesses, the prohibition
of storage on balconies and a restriction on truck delivery hours to non-
peak periods shall be submitted prior to building plan check.
11. A Public Art Plan which proposes a specific work(s) of art for a specific
location(s) shall be submitted to the Planning Commission for review and
approval. All public art approved by the Planning Commission shall be
completely installed prior to the issuance of a certificate of occupancy for the
project.
12. A detailed landscape plan must be reviewed and approved prior to
issuance of any building permits. In addition to the landscaping palette,
the plan shall include details on the hardscape design, lighting concepts
and outdoor furniture. At a minimum, the project shall incorporate the
amount and size of landscaping as shown on Sheet MLP1.1, attached
hereto as Attachment 1 and incorporated by this reference as though fully
set forth herein. The exact specifications for these items are subject to the
review and approval of the Planning Commission.
13. After project occupancy, landscaping is to be maintained to include the
minimum level of plant materials installed at the time of occupancy as
required by the approved plans.
14. A detailed amenity deck plan must be reviewed and approved prior to
issuance of any building permits. The plan shall include details on the
hardscape design, lighting concepts and outdoor furniture for the amenity
deck as well as an installation plan. The exact specifications for these
items are subject to the review and approval of the Planning Commission.
The amenity deck shall be maintained in the same condition as installed at
the time of occupancy.
15. An interior building amenity plan of the gym and loft lounge must be
reviewed and approved prior to issuance of any building permits. The
plan shall include details on the various finishes and equipment to be
provided in these rooms. The exact specifications for these items are
subject to the review and approval of the Planning Manager.
16. The following items must be included as interior amenities within the
common areas: Concierge services for the residents, granite counter tops,
hardwood flooring or equivalent, and gas fireplaces. The exact
Exhibit "B"
Pa~ 2 of 15
7~8-198
specifications for these items are subject to the review and approval of the
Planning Manager.
17. The following items must be included as interior amenities within each
unit: granite counter tops, hardwood flooring or equivalent, General
Electric Monogram appliances or equivalent, tiled bathroom and shower
walls, individual laundry hook-ups, stain grade hardwood cabinets and
fireplaces. The exact specifications for these items are subject to the
review and approval of the Planning Manager.
18. An elevator lobby plan of each lobby must be reviewed and approved prior
to issuance of any building permits. The plan shall include details on the
finishes and flooring to be provided. The exact specifications for these
items are subject to the review and approval of the Planning Manager.
19. Pedestrian walkways shall be provided through all lots to establish
pedestrian pathways throughout the development as shown on
Attachment 2 and incorporated by this reference as though fully set forth
herein. The amenities to be provided along this pathway shall include
decorative concrete and paving, accent lighting and landscape planters as
shown on the plans. The materials and design of the walkway is subject
to the review and approval of the Planning Manager. The improvements
in each phase must be completed prior to occupancy of the first unit in the
respective phases.
20. One storage unit shall be provided for each residential unit. The units
shall be available at no cost to the residents, may be located in each unit
or the parking structure and shall be a minimum of 144 cubic feet in size.
21. Cast iron drain pipes shall be provided for the project.
22. Smart wiring, including cable television and high-speed cable for
computers, shall be provided for each unit and within the project's
common areas.
23. Signage to direct customers and guests to the adjacent parking structure
shall be provided. A directional sign plan needs to be submitted and
approved by the Planning Manager prior to issuance of a certificate of
occupancy.
24. Construction workers for the project shall be prohibited from parking in the
adjacent neighborhoods.
25. Prior to issuance of building permits, a Waste Management Plan shall be
submitted to the Planning Manager for approval. The plans shall include
information on items such as pick-up, delivery, and types of bins required.
Exhibit "8"
Pa~e 3 of 15
7t)8-199
Mitiaation Measures
26. Prior to issuance of building permits, the project developer shall ensure
that the building plans reflect the following information: outdoor lighting
fixtures adjacent to exterior doors and within walkways and parking lots
shall generate a minimum 1.0 foot candle level of light during normal
operation hours. During non-operating hours outdoor lighting fixtures shall
generate no less than .25 foot candle level of light. All lighting shall be
directed towards the interior of the project site.
27. Prior to issuance of building permits, building plans for the proposed
project shall reflect the use of non-reflective building materials to minimize
light and glare impacts.
28. Prior to the issuance of building permits, a Final Landscape Plan for each
building component of the project shall be approved by the City of Santa
Ana Planning and Building Agency. The Final Landscape Plan shall be
based on the conceptual landscape plan included in the EIR.
29. Prior to issuance of Certificate of Occupancy Permits, the required
landscaping for each building component of the project shall be installed
to the satisfaction of the City of Santa Ana Planning Department.
30. Prior to the issuance of a building permit, the project developer shall
provide the Planning Manager plans that incorporate lighting and any
other conditions in the manner required by the FAA during the
construction phase (e.g. for the cranes) and after completion.
31. Pursuant to state law, prior to issuance of a certificate of a use and
occupancy permit, the project proponent shall provide evidence to the City
of Santa Ana that a Notice of Airport in the vicinity has been recorded on
the deed for each residential unit and shall remain so recorded so as long
as the airport is in operation.
32. As required by the AELUP, prior to issuance of the certificate of use and
occupancy, the City shall ensure that the sales office for the residential
unit posts a conspicuous sign informing potential buyers to the presence
of the airport. The notice shall be in the same language as the need
notice.
33. Prior to the issuance of a building permit, the project developer shall
provide evidence to the Planning Manager that an FAA "NO Hazard"
determination has been secured for the operation of the construction
cranes. The project developer shall demonstrate compliance with any
conditions imposed by the FAA.
Exhibit "B"
Page 4 of 15
758-200
34. During construction, the contractor shall be required to comply with
SCAQMD Fugitive Dust Rule 403 to suppress dust generated by
construction operations. To ensure compliance with SCAQMD Fugitive
Dust Rule 403, grading plans and demolition plans for the proposed
project shall reflect the following notes:
· All materials excavated or graded shall be sufficiently watered to
prevent excessive amounts of dust. Watering with complete
coverage shall occur at least twice daily, once in the late morning and
once after work is done for the day.
· All clearing and earthwork activities shall cease during periods of high
winds (winds greater than 25 mph averaged).
· Internal roadways and project site entry and exit points shall be
cleaned at the end of each day by the project developer. Dust and
debris from construction activities that migrates or is carried onto
MacArthur Boulevard or Main Street adjacent to the project site
shall also be cleaned each day.
· All material transported off-site shall either be sufficiently watered or
securely covered to prevent excessive amounts of dust. Haul trucks
leaving the site shall have a minimum freeboard distance of 12-
inches.
· Construction equipment leaving the project site shall be wheel
washed.
· The amount of area disturbed by clearing and earthwork activities
shall be minimized at all times.
· Equipment engines shall be maintained in good condition and in
proper tune according manufacturer's specifications.
· To the extent feasible, construction equipment shall use alternative
clean fuels such as compressed natural gas equipment with
oxidation catalysts. If alternative clean fuels are not feasible,
gasoline powered construction equipment shall be used.
· Construction equipment operating on diesel fuel shall use
particulate filters or low sulfur diesel.
· To the extent feasible construction operations shall use electricity
from power poles in-lieu of temporary diesel or gasoline-powered
generators.
Exhibit "B"
P15a~201
35. Prior to commencement of construction activities, the project developer shall
identify to the City a construction relations officer to act as a community
liaison concerning on-site activity, including resolution of issues related to
dust generation from grading/paving activities. A publicly visible sign shall
be posted with the name of construction relations officer and a telephone
number.
36. During finish work, the construction contractor shall ensure the minimization
of ROG emissions. Building plans for the project shall specify and require
the use of pre-coated building materials, use of high pressure-low volume
(HPL V) paint applicators with 50 percent efficiency, and use of lower
volatility paint not to exceed 100 grams of ROG per liter.
37. During construction and grading activities, the developer's construction
contractor shall comply with the measures set forth in the Storm Water
Pollution Prevention Plan (SWPPP) to ensure that airborne dust is kept to a
minimum.
38. Prior to issuance of building permits and to the extent feasible, building plans
for the proposed project shall reflect the use of the following measures.
· Use low-polluting high energy-efficient appliances
· Install solar panels on roofs to supply electricity for heating and cooling
· Use double-paned windows to reduce thermal loss
· Install automatic lighting on/off controls and energy-efficient lighting
· Use light colored roofing materials in new construction to deflect heat
away from buildings.
39. During grading operations special handling of on-site soils shall be
required, due to the high moisture content of the soils, which is well above
optimum moisture conditions. The City of Santa Ana shall monitor the
grading contractor to ensure stabilization of the soils during grading prior
to placing and compacting fill soils over wet sub-grade soils, as
recommended in the geotechnical investigation prepared by Geotechnical
Professionals, Inc.
40. Prior to issuance of building permits, the project developer shall ensure
that pile foundations are incorporated into the project design to mitigate
the potential settlement hazards beneath the proposed buildings. Pile
foundations shall be installed according to the recommendations provided
in the project geotechnical report.
41. Prior to issuance of building permits, the project developer shall ensure
that the subterranean portion of the structures is designed and installed to
resist hydrostatic pressure and be a water-proof barrier between the
Exhibit "B"
Pa~ 6 of 15
7~8-202
existing soils and subterranean portions of the buildings. This design and
installation shall be consistent with the recommendations provided in the
project geotechnical report.
42. Prior to initiation of project grading, the project developer shall ensure that
all existing utilities will be relocated, abandoned and removed, rerouted, or
protected in coordination with the project developer and affected utility
companies.
43. Prior to issuance of a grading permit for project construction, the project
developer shall ensure that a Final Geotechnical Report on the project site
is prepared. All recommendations from this Final Geotechnical Report
shall be incorporated into the final grading plan for the project.
44. Prior to issuance of building permits, the project developer shall ensure
that all structures on the site are designed in accordance with the seismic
design provisions set forth in the Final Geotechnical Report and the
Uniform Building Code in order to promote safety in the event of a seismic
event.
45. Prior to issuance of grading permits, the project developer shall determine
and demonstrate to the City of Santa Ana that the foundation piles for the
project would not intrude into the Orange County groundwater basin. In
the event the foundations intrude into the groundwater basin, the project
developer shall obtain approval and/or permits from the Orange County
Water District and the Regional Water Quality Control Board. Any
measures required by these agencies will be incorporated into the final
design and construction specifications for the project.
46. Prior to issuance of grading permits, the project developer shall ensure
that provisions set forth in the Final Geotechnical Report regarding dust
control measures during site preparation, grading and construction are
incorporated into the final construction specifications for the project.
47. Prior to issuance of Certificate of Occupancy permits, the project
developer shall submit to the City of Santa Ana CC&Rs for each
residential project. The CC&Rs shall outline the environmental
awareness, conditions and Best Management Practices regarding the
handling and storage of hazardous materials as identified in the Water
Quality Management Plan for MacArthur Place South.
48. Prior to issuance of grading permits, the project developer shall provide
proof to the City of Santa Ana of an NPDES permit from the RWQCB for
on-site dewatering activities.
Exhibit "B"
Pa~ 7 of 15
708-203
49. The residential management companies shall ensure that post-
construction Best Management Practices (BMP's) are strictly adhered to
by all building occupants and tenants.
50. Prior to issuance of a demolition permit, the project developer shall
prepare an asbestos survey to determine the presence of asbestos
containing building materials. The survey shall be submitted to the City's
Environmental Coordinator for review. If asbestos is identified, proper
precautions shall be taken during demolition in compliance with California
environmental laws, regulations and policies.
51. Prior to issuance of a demolition permit, the project developer shall
prepare a lead paint survey to determine the presence of lead based
paint. The survey shall be submitted to the City's Environmental
Coordinator for review. If lead based paint or mercury is identified, proper
precautions shall be taken during demolition in compliance with California
environmental laws, regulations and policies.
52. Prior to occupancy of residential units, the project developer shall ensure
that CC&Rs for the community homeowners associations are recorded
specifying maintenance responsibilities for all BMP's identified in the
Water Quality Management Plan.
53. Prior to issuance of a grading permit for the project, the project developer
shall prepare and submit a Notice of Intent (NOI) to the State Water
Resources Control Board (SWRCB). The developer will also submit the
NOI and the project Water Discharge identification Number (WDIN)
provided by the SWRCB to the City of Santa Ana City Engineer.
54. During all site preparation, grading and construction, the project developer
shall ensure that the project contractor complies with all applicable
requirements of the NPDES permit, the Drainage Area Management Plan
(DAMP), and the City's Local Implementation Plan (LIP). BMP's from the
DAMP and the LIP will be implemented by the project contractors, as
appropriate during site preparation, grading and construction.
55. Prior to issuance of a grading permit, the project developer shall prepare a
Final Storm Water Pollution Prevention Plan (SWPPP). This plan shall be
submitted and approved by the City Engineer prior to initiation of any
grading activity. The project shall maintain the SWPPP on the
construction site throughout the construction period.
56. During all site preparation, grading and construction, the project developer
shall ensure that its contractor implements the provisions of the SWPPP.
Exhibit "B"
Pa~ 8 of 15
7~8-204
57. Prior to the issuance of grading permits, the project developer shall submit
a Final Water Quality Management Plan (WQMP) based on the Final
Grading Plan, to be approved by the City's Director of Public Works. The
WQMP shall be consistent with the DAMP and shall contain provisions
and BMP's for construction and operation conditions.
58. Prior to the issuance of building permits, the project developer shall pay
the City's drainage impact fee.
59. Prior to the issuance of grading permits, the project developer shall verify
that structural BMP's have been permanently incorporated into project
plans. Such BMP's shall ensure that pollutants from project-related storm
water runoff are mitigated consistently with applicable state and local
standards.
60. Prior to issuance of grading permits, the project developer shall submit a
final drainage plan to the City identifying the exact size and location of
drainage facilities.
61. Prior to issuance of grading permits, the project developer shall provide
proof of an NPDES permit from RWQCB to the City for onsite dewatering
activities.
62. Prior to issuance of building permits for tenant improvements for
restaurant uses, the project developer shall ensure that the proposed
restaurants are fitted with grease interceptors to the size and capacity as
designated by the City of Santa Ana Building Division.
63. Prior to issuance of building permits, building plans shall reflect the
construction of noise barriers to ensure an exterior noise level of 65 CNEL
or less around patios and balconies that are considered open space by
the City of Santa Ana. The barriers shall be constructed of materials that
provide a surface density of at least four pounds per square foot and shall
be continuous (without gaps or gates). The height of the barriers shall be
sufficient to reduce the exterior noise level to a CNEL of 65 dB or less,
and shall be determined by a qualified acoustical consultant as part of the
final engineering design of the project.
64. Prior to issuance of building permits, building plans shall specify the STC
rating of windows and doors for all residential land uses. Window and
door ratings shall be sufficient to reduce the interior noise level to a CNEL
of 45 dB or less, and shall be determined by a qualified acoustical
consultant as part of the final engineering design of the project.
Exhibit "B"
'~~~05
65. Prior to building occupancy, mechanical ventilation shall be installed at the
proposed condominiums and residential towers since the interior CNEL
standard of 45 dB is to be met with all windows and doors closed.
66. Prior to building occupancy, to the extent possible, all equipment shall be
enclosed within a building or separate structure. Where this is not
possible, barriers may be necessary to shield the equipment from the
existing and proposed residential buildings. Depending on the size and
style of the equipment, silencers in the intake and exhaust ducts may also
be necessary to reduce noise at the residential buildings to an acceptable
level.
67. Upon project completion, truck deliveries to the restaurant and the retail
building shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. Delivery
trucks shall not be permitted to idle in the parking lots or loading areas and
shall be required to have properly maintained, factory approved mufflers.
Delivery truck drivers shall be encouraged to minimize acceleration and
maintain reduced vehicle speeds while onsite.
68. Demolition and construction plans for the proposed project shall reflect the
following note: "During demolition and construction, the contractor shall
adhere to all City Noise Ordinance requirements to limit all construction
activity, including equipment start-up, to between the hours of 7:00 a.m.
and 8:00 p.m. Mondays through Saturdays. No construction shall take
place on Sundays or federal holidays.
69. During demolition and construction, the contractor shall site all
construction staging and storage areas away from sensitive receptors to
the furthest extent possible.
70. During construction activities, the project developer shall ensure that all
pile driving equipment shall be enclosed on all sides with an acoustical
blanket barrier that provides a minimum sound transmission class (STC)
rating of 30. The height of the blanket enclosure shall be at least 20 feet.
With the exception of points of access to the enclosure area, there shall
be no openings or gaps in the enclosure, and all points of access are to
remain closed during pile driving activities. Notwithstanding Mitigation
Measure No. 67, pile driving shall not commence prior to 8:00 a.m. on
Saturday.
71. Prior to issuance of grading or demolition permits, the project developer
shall submit a construction equipment staging plan to the City of Santa
Ana for approval.
Exhibit "B"
Pa~ 10 of 15
7~8-206
72. Prior to the start of construction activity, the project developer shall post
the name and telephone number of the construction relations officer on-
site.
73. Prior to any site preparation, grading or construction, the project contractor
shall provide to resident associations in the Sandpointe neighborhood, the
Main Attraction Condominiums and the Pinnacle Apartments a project
schedule indicating the type of construction activity and duration,
construction staging areas and the name and telephone number of the
construction relations officer.
74. Prior to issuance of occupancy permits, the project developer, at the
project developer's sole expense, shall conduct a noise monitoring
analysis to ensure that residential units achieve an interior noise level of
45 dB CNEL. The analysis shall be conducted by a qualified acoustical
consultant and shall be submitted to the City's Planning and Building
Agency for review.
75. Prior to issuance of a building permit, the project developer shall
coordinate any required relocation of fire hydrants on the property with
Santa Ana Fire Department. Final approval from the Fire Department is
required regarding location of hydrants on the project site.
76. Prior to issuance of a grading permit, the project developer shall submit
building plans to the Santa Ana Police Department in order to ensure
compliance with the City of Santa Ana's Building Security Ordinance. The
Police Department must approve the building plans with regard to the
Building Security Ordinance prior to initiation of grading.
77. Prior to issuance of a building permit, the project developer shall prepare a
Mandated Security Plan, which would need final Police department
approval. The plan is required to address issues such as onsite uniform
security staffing, restriction of hours of operation for the parking garages,
implementation of electronic security, mechanical surveillance, and
compliance with the basic principles of Crime Prevention Through
Environmental Design.
78. Prior to issuance of a building permit, the project developer shall comply
with Senate Bill 50 and pay applicable school impact fees. Currently, the
Santa Ana Unified School District's adopted Fee Justification for
residential development is $2.14 per square foot and $0.33 per square
foot for commercial development.
79. Prior to issuance of a building permit, the project developer shall ensure
that the appropriate park Acquisition and Development Fee and parkland
dedication or in-lieu payments have been made.
Exhibit "B"
~gl:i~~o7
80. Prior to issuance of building permits, the project developer shall submit a
Construction Phasing Plan to Santa Ana Fire Department. The plan must
be consistent with the Fire Department Fire Code requirements and must
show that emergency access to the construction site is adequate.
81. Prior to issuance of building permits, the project developer shall provide
evidence to the Santa Ana Fire Department that the proposed fire
protection and life saving systems incorporated in the project are
adequate.
82. Prior to issuance of building permits, the project developer shall submit the
final design of the project, including fire sprinklers system design to the
Santa Ana Fire Department for approval.
83. Prior to issuance of building permits, the project developer shall
coordinate with the Santa Ana Fire Department and the Santa Ana Police
Department regarding possible radio interference and installation of radio
repeaters on a tower rooftop.
84. Prior to issuance of building occupancy permits, the project developer in
cooperation with the City of Santa Ana, shall provide for the restriping of
the outside southbound through lane at the intersection of Main Street and
Sunflower to a shared through and right turn lane.
85. Prior to issuance of building occupancy permits, the project developer in
cooperation with the City of Santa Ana, shall provide for the restriping the
shared through right-turn lane at Hutton Centre Drive and MacArthur
Boulevard to provide an exclusive through lane and construct a second
northbound right turn lane for the northbound traffic.
86. Prior to issuance of building occupancy permits, the project developer
shall pay for the construction of a third eastbound through lane on
MacArthur Boulevard between Hutton Centre Drive/lmperial Promenade
and the SR-55 northbound on-ramp.
87. Prior to the issuance of building occupancy permits, the project developer
in cooperation with the City of Santa Ana, shall provide for the installation
of a traffic signal at Hutton Centre Drive and Hutton Centre Loop.
88. Prior to issuance of building occupancy permits, the project developer
shall pay for the construction of a fourth eastbound lane on MacArthur
Boulevard between Hutton Centre Drive/lmperial Promenade and the SR-
55 southbound on-ramp.
Exhibit "B"
paae 12 of 15
708-208
89. Prior to issuance of building occupancy permits, the project developer
shall contribute $200,000 for the City of Santa Ana to prepare a
neighborhood traffic study to assess any intrusion of project traffic into the
Sandpointe Neighborhood. If traffic intrusion is attributable to the project,
corrective measures could include forced-turn channelization, semi-
diverters, diagonal diverters and cul-de-sacs.
90. Prior to issuance of building occupancy permits, the project developer
shall develop a parking plan in cooperation with the City of Santa Ana to
ensure that parking needs are met.
91. Prior to issuance of building occupancy permits, the project developer
shall pay a fair-share contribution for restriping a second eastbound right-
turn lane at the intersection of Main Street and Sunflower in order to
achieve LOS D for 2025.
92. Prior to issuance of grading permits, the project developer shall coordinate
with SCE to determine the exact location of all underground and overhead
electrical facilities. All electrical facilities and associated structures to be
left on the project site shall be protected from damage.
93. Prior to issuance of grading permits, the project developer shall ensure
that grading plans reflect the under grounding of utility lines serving the
proposed project.
94. Prior to issuance of grading permits, the project developer shall coordinate
with Southern California Gas to determine the exact location of all
underground natural gas facilities. All gas pipelines and associated
structures to be left on the project site must be protected from damage.
95. Prior to issuance of grading permits, the project developer shall coordinate
with Adelphia Communications to determine the exact location of all
underground cable facilities. The developer shall protect all existing cable
lines and associated structures to be left on the project site for damage.
96. Prior to issuance of grading permits, the project developer shall coordinate
with SBC Communications (formerly Pacific Bell) to determine the exact
location of all underground telephone facilities. The developer shall
protect all existing telephone lines and associated structures to be left on
the project site from damage.
97. Prior to issuance of grading permits, the project developer shall
demonstrate to the City of Santa Ana that construction-related waste
generated on-site would be recycled wherever feasible as the first choice
of disposal method, leaving the option of landfill disposal as a last
alternative. The proposed commercial uses shall incorporate facilities for
collection and pick-up of recyclable materials into the design of the project.
Exhibit "B"
Pa~EiJ. 3 ~ 15
7 ol:j-~09
98. Prior to issuance of grading permits, the project developer shall coordinate
with the Santa Ana Water Division to determine the exact location of all
existing underground water supply facilities and take action to prevent
damage to these facilities to be left on the project site or interfere with their
operation. The project developer shall pay their fair share amount for the
necessary facilities to accommodate project-related water supplies.
99. Prior to issuance of building permits, the existing eight-inch sewer line
along Hutton Centre Drive north of Sandpointe Avenue, shall be replaced
with a new 10-inch sewer line.
100. Prior to issuance of grading permits, the project developer shall coordinate
with Waste Management on the type and location of facilities needed to
provide solid waste disposal service to the project site.
101. Prior to issuance of grading permits, the project developer shall perform
soil testing to determine is soil to be excavated from the site will require
off-site disposal. If the soil is found to be contaminated, it will be properly
disposed of in compliance with California environmental laws, regulations
and policies.
B. Police Department
1. A security plan must be submitted to the Police Department at the plan
check stage for approval. The plan must cover all aspects of the projects
security including security personnel, surveillance equipment, and
hardware. The project will be required to have a minimum of four state
licensed uniformed security personnel. One security officer will be
required for each building, one for the podium level and one for the
parking garage.
2. A minimum 12-inch shatterproof convex mirror shall be installed at each
stair landing. All doors leading into stairwells shall be equipped with a
minimum 5-inch by 20-inch fire rated window. The last flight of stairs shall
be fully enclosed at its base.
3. The City of Santa Ana parking structure design standards shall be
followed in its entirety. Duress alarms allowing voice communication with
security personnel shall be placed in strategic locations, approved by the
Police Department, throughout the parking garage.
4. All project walkways shall be illuminated to a minimum maintained one
footcandle of light.
Exhibit "B"
fg13~~1b
5. All elevators serving the residential component of the project shall be
equipped with card readers at the garage levels to restrict unauthorized
access into the residential towers. The elevator lobbies shall be designed
and constructed of material that allows maximum visibility of the interior of
the lobby from the parking decks. Glazing material will be used to its
maximum extent.
Exhibit "B"
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75S~~14
Conditions for Approval for Conditional Use Permit No. 2005-12
Conditional Use Permit No. 2005-12 (Retail) is approved subject to compliance, to the
reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the
following conditions of approval:
The applicant must comply with each and every condition listed below prior to exercising
the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the life
of the development project. Failure to comply with each and every condition may result in
the revocation of the conditional use permit approval.
A. Plannina Division
1. All proposed site improvements must conform with the Site Plan Review
approval of DP No. 03-78.
2. Any amendment to this conditional use permit must be submitted to the
Planning Division for review. At that time, staff will determine if
administrative relief is available or the conditional use permit must be
amended.
3. The project shall incorporate on-site professional property management
for the commercial component.
4. A Parking Management Plan must be submitted prior to building plan check.
Covenants, Conditions and Restrictions (CC&Rs) that restrict truck delivery
hours to non-peak periods shall be submitted prior to building plan check.
5. A Sign Program addressing wall and monument signage for the building
and the entire development must be submitted to the Planning
Commission for approval prior to submittal into building plan check. The
sign program shall include details of the signage (text, materials) as well
as a maintenance plan delineating the long-term repair and replacement
of any graphic.
6. Signage to direct customers and guests to the adjacent parking structure
shall be provided. A directional sign plan needs to be submitted and
approved by the Planning Manager prior to issuance of a certificate of
occupancy.
7. A Public Art Plan which proposes a specific work(s) of art for a specific
location(s) shall be submitted to the Planning Commission for review and
Exhibit "C"
7~B1_~145
approval. All public art approved by the Planning Commission shall be
completely installed prior to the issuance of a certificate of occupancy for the
project.
8. A detailed landscape plan must be reviewed and approved prior to
issuance of any building permits. In addition to the landscaping palette,
the plan shall include details on the hardscape design, lighting concepts
and outdoor furniture. At a minimum, the project shall incorporate the
amount and size of landscaping as shown on Sheet MLP1.1 attached
hereto as Attachment 1 and incorporated by this reference as though fully
set forth herein. The exact specifications for these items are subject to the
review and approval of the Planning Commission.
9. After project occupancy, landscaping is to be maintained to include the
minimum level of plant materials installed at the time of occupancy as
required by the approved plans.
10. A detailed water feature plan must be reviewed and approved prior to
issuance of any building permits. The plan shall include at least one water
feature between the retail building and the Cinema Tower, details on the
hardscape design and lighting concepts and an installation plan. The
exact specifications for these items are subject to the review and approval
of the Planning Commission. The water feature(s) shall be maintained in
the same condition as installed at the time of occupancy.
11. The following items must be included as exterior amenities for the
development: Enhanced paving in the retail parking lot, the retail
walkways and the retail courtyard, and at least one water feature as
shown on the site plan. The exact specifications for these items are
subject to the review and approval of the Planning Commission. The
amenities shall be completely installed prior to issuance of a certificate of
occupancy for the building. The exterior amenities shall be maintained in
the same condition as installed at the time of occupancy.
12. Pedestrian walkways shall be provided through all lots to establish
pedestrian pathways throughout the development as shown on
Attachment 2 and incorporated by this reference as though fully set forth
herein. The amenities to be provided along this pathway shall include
decorative concrete and paving, accent lighting and landscape planters as
shown on the plans. The materials and design of the walkway is subject
to the review and approval of the Planning Manager. The improvements
in each phase must be completed prior to occupancy of the first unit in the
respective phases.
13. Development, operational and maintenance standards shall be
established for the number, style and location of outdoor seating. The
Exhibit "C"
7~Ef-~146
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. This seating shall be reviewed and approved in conjunction
with the landscape plan and must be submitted prior to building plan
check.
14. Trash receptacles shall be located in high activity areas, such as plazas
and other public open spaces. The style of the receptacles shall be
compatible with other plaza furnishings.
15. All street furniture surfaces, pedestrian level walls and amenities shall
incorporate graffiti resistant coatings.
16. A floor plan of the project shall be submitted to the Planning Manager for
approval. The plan shall ensure that direct visibility into the tenant spaces
is maintained and glass storefronts and windows within the retail
component shall provide clear glass. The use of opaque or semi-opaque
storefronts or glass is prohibited.
17. Public payphones, if provided, may only be located within buildings.
18. Prior to submittal into building plan check, detailed elevations shall be
submitted that include exterior finishes, materials, and colors. The
elevations are subject to the review and approval of the Planning Manager.
19. Construction workers for the project shall be prohibited from parking in the
adjacent neighborhoods.
20. Prior to issuance of building permits, a Waste Management Plan shall be
submitted to the Planning Manager for approval. The plans shall include
information on items such as pick-up, delivery, and types of bins required.
Mitiaation Measures
21. Prior to issuance of building permits, the project developer shall ensure
that the building plans reflect the following information: outdoor lighting
fixtures adjacent to exterior doors and within walkways and parking lots
shall generate a minimum 1.0 foot candle level of light during normal
operation hours. During non-operating hours outdoor lighting fixtures shall
generate no less than .25 foot candle level of light. All lighting shall be
directed towards the interior of the project site.
22. Prior to issuance of building permits, building plans for the proposed
project shall reflect the use of non-reflective building materials to minimize
light and glare impacts.
Exhibit "C"
7~B3_~147
23. Prior to the issuance of building permits, a Final Landscape Plan for each
building component of the project shall be approved by the City of Santa
Ana Planning and Building Agency. The Final Landscape Plan shall be
based on the conceptual landscape plan included in the EIR.
24. Prior to issuance of Certificate of Occupancy Permits, the required
landscaping for each building component of the project shall be installed
to the satisfaction of the City of Santa Ana Planning Department.
25. Prior to the issuance of a building permit, the project developer shall
provide the Planning Manager plans that incorporate lighting and any
other conditions in the manner required by the FAA during the
construction phase (e.g. for the cranes) and after completion.
26. Pursuant to state law, prior to issuance of a certificate of a use and
occupancy permit, the project proponent shall provide evidence to the City
of Santa Ana that a Notice of Airport in the vicinity has been recorded on
the deed for each residential unit and shall remain so recorded so as long
as the airport is in operation.
27. As required by the AELUP, prior to issuance of the certificate of use and
occupancy, the City shall ensure that the sales office for the residential
unit posts a conspicuous sign informing potential buyers to the presence
of the airport. The notice shall be in the same language as the need
notice.
28. Prior to the issuance of a building permit, the project developer shall
provide evidence to the Planning Manager that an FAA "NO Hazard"
determination has been secured for the operation of the construction
cranes. The project developer shall demonstrate compliance with any
conditions imposed by the FAA.
29. During construction, the contractor shall be required to comply with
SCAOMD Fugitive Dust Rule 403 to suppress dust generated by
construction operations. To ensure compliance with SCAOMD Fugitive
Dust Rule 403, grading plans and demolition plans for the proposed
project shall reflect the following notes:
. All materials excavated or graded shall be sufficiently watered to
prevent excessive amounts of dust. Watering with complete
coverage shall occur at least twice daily, once in the late morning and
once after work is done for the day.
. All clearing and earthwork activities shall cease during periods of high
winds (winds greater than 25 mph averaged over one hour) or during
Stage 1 or Stage 2 smog episodes.
Exhibit "C"
7~a4_~148
. Internal roadways and project site entry and exit points shall be
cleaned at the end of each day by the project developer. Dust and
debris from construction activities that migrates or is carried onto
MacArthur Boulevard or Main Street adjacent to the project site shall
also be cleaned each day.
. All material transported off-site shall either be sufficiently watered or
securely covered to prevent excessive amounts of dust. Haul trucks
leaving the site shall have a minimum freeboard distance of 12-
inches.
. Construction equipment leaving the project site shall be wheel
washed.
. The amount of area disturbed by clearing and earthwork activities
shall be minimized at all times.
. Equipment engines shall be maintained in good condition and in
proper tune according manufacturer's specifications.
. To the extent feasible, construction equipment shall use alternative
clean fuels such as compressed natural gas equipment with
oxidation catalysts. If alternative clean fuels are not feasible,
gasoline powered construction equipment shall be used.
. Construction equipment operating on diesel fuel shall use
particulate filters or low sulfur diesel.
. To the extent feasible construction operations shall use electricity
from power poles in-lieu of temporary diesel or gasoline-powered
generators.
30. Prior to commencement of construction activities, the project developer shall
identify to the City a construction relations officer to act as a community
liaison concerning on-site activity, including resolution of issues related to
dust generation from grading/paving activities. A publicly visible sign shall
be posted with the name of construction relations officer and a telephone
number.
31. During finish work, the construction contractor shall ensure the minimization
of ROG emissions. Building plans for the project shall specify and require
the use of pre-coated building materials, use of high pressure-low volume
(HPL V) paint applicators with 50 percent efficiency, and use of lower
volatility paint not to exceed 100 grams of ROG per liter.
Exhibit "C"
7~B5_~149
32. During construction and grading activities, the developer's construction
contractor shall comply with the measures set forth in the Storm Water
Pollution Prevention Plan (SWPPP) to ensure that airborne dust is kept to a
minimum.
33. Prior to issuance of building permits and to the extent feasible, building plans
for the proposed project shall reflect the use of the following measures.
. Use low-polluting high energy-efficient appliances
. Install solar panels on roofs to supply electricity for heating and cooling
. Use double-paned windows to reduce thermal loss
. Install automatic lighting on/off controls and energy-efficient lighting
. Use light colored roofing materials in new construction to deflect heat
away from buildings.
34. During grading operations special handling of on-site soils shall be
required, due to the high moisture content of the soils, which is well above
optimum moisture conditions. The City of Santa Ana shall monitor the
grading contractor to ensure stabilization of the soils during grading prior
to placing and compacting fill soils over wet sub-grade soils, as
recommended in the geotechnical investigation prepared by Geotechnical
Professionals, Inc.
35. Prior to issuance of building permits, the project developer shall ensure
that pile foundations are incorporated into the project design to mitigate
the potential settlement hazards beneath the proposed buildings. Pile
foundations shall be installed according to the recommendations provided
in the project geotechnical report.
36. Prior to issuance of building permits, the project developer shall ensure
that the subterranean portion of the structures is designed and installed to
resist hydrostatic pressure and be a water-proof barrier between the
existing soils and subterranean portions of the buildings. This design and
installation shall be consistent with the recommendations provided in the
project geotechnical report.
37. Prior to initiation of project grading, the project developer shall ensure that
all existing utilities will be relocated, abandoned and removed, rerouted, or
protected in coordination with the project developer and affected utility
companies.
38. Prior to issuance of a grading permit for project construction, the project
developer shall ensure that a Final Geotechnical Report on the project site
is prepared. All recommendations from this Final Geotechnical Report
shall be incorporated into the final grading plan for the project.
Exhibit "C"
7~~-~~0
39. Prior to issuance of building permits, the project developer shall ensure
that all structures on the site are designed in accordance with the seismic
design provisions set forth in the Final Geotechnical Report and the
Uniform Building Code in order to promote safety in the event of a seismic
event.
40. Prior to issuance of grading permits, the project developer shall determine
and demonstrate to the City of Santa Ana that the foundation piles for the
project would not intrude into the Orange County groundwater basin. In
the event the foundations intrude into the groundwater basin, the project
developer shall obtain approval and/or permits from the Orange County
Water District and the Regional Water Quality Control Board. Any
measures required by these agencies will be incorporated into the final
design and construction specifications for the project.
41. Prior to issuance of grading permits the project developer shall ensure that
provisions set forth in the Final Geotechnical Report regarding dust control
measures during site preparation, grading and construction are
incorporated into the final construction specifications for the project.
42. Prior to issuance of Certificate of Occupancy permits, the project
developer shall submit to the City of Santa Ana CC&Rs for each
residential project. The CC&Rs shall outline the environmental
awareness, conditions and Best Management Practices regarding the
handling and storage of hazardous materials as identified in the Water
Quality Management Plan for MacArthur Place South.
43. Prior to issuance of grading permits, the project developer shall provide
proof to the City of Santa Ana of an NPDES permit from the RWQCB for
on-site dewatering activities.
44. The residential management companies shall ensure that post-
construction Best Management Practices (BMP's) are strictly adhered to
by all building occupants and tenants.
45. Prior to issuance of a demolition permit, the project developer shall
prepare an asbestos survey to determine the presence of asbestos
containing building materials. The survey shall be submitted to the City's
Environmental Coordinator for review. If asbestos is identified, proper
precautions shall be taken during demolition in compliance with California
environmental laws, regulations and policies.
46. Prior to issuance of a demolition permit, the project developer shall
prepare a lead paint survey to determine the presence of lead based
paint. The survey shall be submitted to the City's Environmental
Coordinator for review. If lead based paint or mercury is identified, proper
Exhibit "C"
7~-~~1
precautions shall be taken during demolition in compliance with California
environmental laws, regulations and policies.
47. Prior to occupancy of residential units, the project developer shall ensure
that CC&Rs for the community homeowners associations are recorded
specifying maintenance responsibilities for all BMP's identified in the
Water Quality Management Plan.
48. Prior to issuance of a grading permit for the project, the project developer
shall prepare and submit a Notice of Intent (NOI) to the State Water
Resources Control Board (SWRCB). The developer will also submit the
NOI and the project Water Discharge identification Number (WDIN)
provided by the SWRCB to the City of Santa Ana City Engineer.
49. During all site preparation, grading and construction, the project developer
shall ensure that the project contractor complies with all applicable
requirements of the NPDES permit, the Drainage Area Management Plan
(DAMP), and the City's Local Implementation Plan (LIP). BMP's from the
DAMP and the LIP will be implemented by the project contractors, as
appropriate during site preparation, grading and construction.
50. Prior to issuance of a grading permit, the project developer shall prepare a
Final Storm Water Pollution Prevention Plan (SWPPP). This plan shall be
submitted and approved by the City Engineer prior to initiation of any
grading activity. The project shall maintain the SWPPP on the
construction site throughout the construction period.
51. During all site preparation, grading and construction, the project developer
shall ensure that its contractor implements the provisions of the SWPPP.
52. Prior to the issuance of grading permits, the project developer shall submit
a Final Water Quality Management Plan (WQMP) based on the Final
Grading Plan, to be approved by the City's Director of Public Works. The
WQMP shall be consistent with the DAMP and shall contain provisions
and BMP's for construction and operation conditions.
53. Prior to the issuance of building permits, the project developer shall pay
the City's drainage impact fee.
54. Prior to the issuance of grading permits, the project developer shall verify
that structural BMP's have been permanently incorporated into project
plans. Such BMP's shall ensure that pollutants from project-related storm
water runoff are mitigated consistently with applicable state and local
standards.
Exhibit "C"
7~ea-~~2
55. Prior to issuance of grading permits, the project developer shall submit a
final drainage plan to the City identifying the exact size and location of
drainage facilities.
56. Prior to issuance of grading permits, the project developer shall provide
proof of an NPDES permit from RWQCB to the City for onsite dewatering
activities.
57. Prior to issuance of building permits for tenant improvements for
restaurant uses, the project developer shall ensure that the proposed
restaurants are fitted with grease interceptors to the size and capacity as
designated by the City of Santa Ana Building Division.
58. Prior to issuance of building permits, building plans shall reflect the
construction of noise barriers to ensure an exterior noise level of 65 CNEL
or less around patios and balconies that are considered open space by
the City of Santa Ana. The barriers shall be constructed of materials that
provide a surface density of at least four pounds per square foot and shall
be continuous (without gaps or gates). The height of the barriers shall be
sufficient to reduce the exterior noise level to a CNEL of 65 dB or less,
and shall be determined by a qualified acoustical consultant as part of the
final engineering design of the project.
59. Prior to issuance of building permits, building plans shall specify the STC
rating of windows and doors for all residential land uses. Window and
door ratings shall be sufficient to reduce the interior noise level to a CNEL
of 45 dB or less, and shall be determined by a qualified acoustical
consultant as part of the final engineering design of the project.
60. Prior to building occupancy, mechanical ventilation shall be installed at the
proposed condominiums and residential towers since the interior CNEL
standard of 45 dB is to be met with all windows and doors closed.
61. Prior to building occupancy, to the extent possible, all equipment shall be
enclosed within a building or separate structure. Where this is not
possible, barriers may be necessary to shield the equipment from the
existing and proposed residential buildings. Depending on the size and
style of the equipment, silencers in the intake and exhaust ducts may also
be necessary to reduce noise at the residential buildings to an acceptable
level.
62. Upon project completion, truck deliveries to the restaurant and the retail
building shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. Delivery
trucks shall not be permitted to idle in the parking lots or loading areas and
shall be required to have properly maintained, factory approved mufflers.
Exhibit "C"
P~~9 of 14
70ts-223
Delivery truck drivers shall be encouraged to minimize acceleration and
maintain reduced vehicle speeds while onsite.
63. Demolition and construction plans for the proposed project shall reflect the
following note: "During demolition and construction, the contractor shall
adhere to all City Noise Ordinance requirements to limit all construction
activity, including equipment start-up, to between the hours of 7:00 a.m.
and 8:00 p.m. Mondays through Saturdays. No construction shall take
place on Sundays or federal holidays.
64. During demolition and construction, the contractor shall site all
construction staging and storage areas away from sensitive receptors to
the furthest extent possible.
65. During construction activities, the project developer shall ensure that all
pile driving equipment shall be enclosed on all sides with an acoustical
blanket barrier that provides a minimum sound transmission class (STC)
rating of 30. The height of the blanket enclosure shall be at least 20 feet.
With the exception of points of access to the enclosure area, there shall
be no openings or gaps in the enclosure, and all points of access are to
remain closed during pile driving activities. Notwithstanding Mitigation
Measure No. 62, pile driving shall not commence prior to 8:00 a.m. on
Saturday.
66. Prior to issuance of grading or demolition permits, the project developer
shall submit a construction equipment staging plan to the City of Santa
Ana for approval.
67. Prior to the start of construction activity, the project developer shall post
the name and telephone number of the construction relations officer on-
site.
68. Prior to any site preparation, grading or construction, the project contractor
shall provide to resident associations in the Sandpointe neighborhood, the
Main Attraction Condominiums and the Pinnacle Apartments a project
schedule indicating the type of construction activity and duration,
construction staging areas and the name and telephone number of the
construction relations officer.
69. Prior to issuance of occupancy permits, the project developer, at the
project developer's sole expense, shall conduct a noise monitoring
analysis to ensure that residential units achieve an interior noise level of
45 dB CNEL. The analysis shall be conducted by a qualified acoustical
consultant and shall be submitted to the City's Planning and Building
Agency for review.
Exhibit "C"
~13~~24
70. Prior to issuance of a building permit, the project developer shall
coordinate any required relocation of fire hydrants on the property with
Santa Ana Fire Department. Final approval from the Fire Department is
required regarding location of hydrants on the project site.
71. Prior to issuance of a grading permit, the project developer shall submit
building plans to the Santa Ana Police Department in order to ensure
compliance with the City of Santa Ana's Building Security Ordinance. The
Police Department must approve the building plans with regard to the
Building Security Ordinance prior to initiation of grading.
72. Prior to issuance of a building permit, the project developer shall prepare a
Mandated Security Plan, which would need final Police department
approval. The plan is required to address issues such as onsite uniform
security staffing, restriction of hours of operation for the parking garages,
implementation of electronic security, mechanical surveillance, and
compliance with the basic principles of Crime Prevention Through
Environmental Design.
73. Prior to issuance of a building permit, the project developer shall comply
with Senate Bill 50 and pay applicable school impact fees. Currently, the
Santa Ana Unified School District's adopted Fee Justification for
residential development is $2.14 per square foot and $0.33 per square
foot for commercial development.
74. Prior to issuance of a building permit, the project developer shall ensure
that the appropriate park Acquisition and Development Fee and parkland
dedication or in-lieu payments have been made.
75. Prior to issuance of building permits, the project developer shall submit a
Construction Phasing Plan to Santa Ana Fire Department. The plan must
be consistent with the Fire Department Fire Code requirements and must
show that emergency access to the construction site is adequate.
76. Prior to issuance of building permits, the project developer shall provide
evidence to the Santa Ana Fire Department that the proposed fire
protection and life saving systems incorporated in the project are
adequate.
77. Prior to issuance of building permits, the project developer shall submit the
final design of the project, including fire sprinklers system design to the
Santa Ana Fire Department for approval.
78. Prior to issuance of building permits, the project developer shall
coordinate with the Santa Ana Fire Department and the Santa Ana Police
Exhibit "C"
~g13~~25
Department regarding possible radio interference and installation of radio
repeaters on a tower rooftop.
79. Prior to issuance of building occupancy permits, the project developer in
cooperation with the City of Santa Ana, shall provide for the restriping of
the outside southbound through lane at the intersection of Main Street and
Sunflower to a shared through and right turn lane.
80. Prior to issuance of building occupancy permits, the project developer in
cooperation with the City of Santa Ana, shall provide for the restriping the
shared through right-turn lane at Hutton Centre Drive and MacArthur
Boulevard to provide an exclusive through lane and construct a second
northbound right turn lane for the northbound traffic.
81. Prior to issuance of building occupancy permits, the project developer
shall pay for the construction of a third eastbound through lane on
MacArthur Boulevard between Hutton Centre Drive/lmperial Promenade
and the SR-55 northbound on-ramp.
82. Prior to the issuance of building occupancy permits, the project developer
in cooperation with the City of Santa Ana, shall provide for the installation
of a traffic signal at Hutton Centre Drive and Hutton Centre Loop.
83. Prior to issuance of building occupancy permits, the project developer
shall pay for the construction of a fourth eastbound lane on MacArthur
Boulevard between Hutton Centre Drive/Imperial Promenade and the SR-
55 southbound on-ramp.
84. Prior to issuance of building occupancy permits, the project developer
shall contribute $200,000 for the City of Santa Ana to prepare a
neighborhood traffic study to assess any intrusion of project traffic into the
Sandpointe Neighborhood. If traffic intrusion is attributable to the project,
corrective measures could include forced-turn channelization, semi-
diverters, diagonal diverters and cul-de-sacs.
85. Prior to issuance of building occupancy permits, the project developer
shall develop a parking plan in cooperation with the City of Santa Ana to
ensure that parking needs are met.
86. Prior to issuance of building occupancy permits, the project developer
shall pay a fair-share contribution for restriping a second eastbound right-
turn lane the intersection of Main Street and Sunflower in order to achieve
LOS D for 2025.
87. Prior to issuance of grading permits, the project developer shall coordinate
with SCE to determine the exact location of all underground and overhead
Exhibit "C"
Pa~e 12 of 14
708-226
electrical facilities. All electrical facilities and associated structures to be
left on the project site shall be protected from damage.
88. Prior to issuance of grading permits, the project developer shall ensure
that grading plans reflect the under grounding of utility lines serving the
proposed project.
89. Prior to issuance of grading permits, the project developer shall coordinate
with Southern California Gas to determine the exact location of all
underground natural gas facilities. All gas pipelines and associated
structures to be left on the project site must be protected from damage.
90. Prior to issuance of grading permits, the project developer shall coordinate
with Adelphia Communications to determine the exact location of all
underground cable facilities. The developer shall protect all existing cable
lines and associated structures to be left on the project site for damage.
91. Prior to issuance of grading permits, the project developer shall coordinate
with SBC Communications (formerly Pacific Bell) to determine the exact
location of all underground telephone facilities. The developer shall
protect all existing telephone lines and associated structures to be left on
the project site from damage.
92. Prior to issuance of grading permits, the project developer shall
demonstrate to the City of Santa Ana that construction-related waste
generated on-site would be recycled wherever feasible as the first choice
of disposal method, leaving the option of landfill disposal as a last
alternative. The proposed commercial uses shall incorporate facilities for
collection and pick-up of recyclable materials into the design of the project.
93. Prior to issuance of grading permits, the project developer shall coordinate
with the Santa Ana Water Division to determine the exact location of all
existing underground water supply facilities and take action to prevent
damage to these facilities to be left on the project site or interfere with their
operation. The project developer shall pay their fair share amount for the
necessary facilities to accommodate project-related water supplies.
94. Prior to issuance of building permits, the existing eight-inch sewer line
along Hutton Centre Drive, north of Sandpointe Avenue shall be replaced
with a new 10-inch sewer line.
95. Prior to issuance of grading permits, the project developer shall coordinate
with Waste Management on the type and location of facilities needed to
provide solid waste disposal service to the project site.
Exhibit "C"
rg13~~27
96. Prior to issuance of grading permits, the project developer shall perform
soil testing to determine is soil to be excavated from the site will require
off-site disposal. If the soil is found to be contaminated, it will be properly
disposed of in compliance with California environmental laws, regulations
and policies.
B. Police Department
1. A security plan must be submitted to the Police Department at the plan
check stage for approval. The plan must cover all aspects of the projects
security including security personnel, surveillance equipment, and
hardware. The project will be required to have a minimum of four state
licensed uniformed security personnel. One security officer will be
required for each building, one for the podium level and one for the
parking garage.
2. A minimum 12-inch shatterproof convex mirror shall be installed at each
stair landing. All doors leading into stairwells shall be equipped with a
minimum 5-inch by 20-inch fire rated window. The last flight of stairs shall
be fully enclosed at its base.
3. The City of Santa Ana parking structure design standards shall be
followed in its entirety. Duress alarms allowing voice communication with
security personnel shall be placed in strategic locations, approved by the
Police Department, throughout the parking garage.
4. All project walkways shall be illuminated to a minimum maintained one
footcandle of light.
5. All elevators serving the residential component of the project shall be
equipped with card readers at the garage levels to restrict unauthorized
access into the residential towers. The elevator lobbies shall be designed
and constructed of material that allows maximum visibility of the interior of
the lobby from the parking decks. Glazing material will be used to its
maximum extent.
Exhibit "C"
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EXHIBIT C
ATTACHMENT 1
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758-229
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758-231
Conditions for Approval for Conditional Use Permit No. 2005-13
Conditional Use Permit No. 2005-13 (Restaurant) is approved subject to compliance, to
the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the
following conditions of approval:
The applicant must comply with each and every condition listed below prior to exercising
the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the life
of the development project. Failure to comply with each and every condition may result in
the revocation of the conditional use permit approval.
A. Plannina Division
1. All proposed site improvements must conform with the Site Plan Review
approval of DP No. 03-78.
2. Any amendment to this conditional use permit must be submitted to the
Planning Division for review. At that time, staff will determine if
administrative relief is available or the conditional use permit must be
amended.
3. A Parking Management Plan must be submitted prior to building plan check.
Covenants, Conditions and Restrictions (CC&Rs) that restrict truck delivery
hours to non-peak periods shall be submitted prior to building plan check.
4. Signage to direct customers and guests to the adjacent parking structure
shall be provided. A directional sign plan shall be submitted and approved
by the Planning Manager prior to issuance of a certificate of occupancy.
5. A Sign Program addressing wall and monument signage on the building
and for the entire development must be submitted to the Planning
Commission for approval prior to submittal into building plan check. The
sign program shall include details of the signage (text, materials) as well
as a maintenance plan delineating the long-term repair and replacement
of any graphic.
6. Prior to submittal into building plan check, detailed elevations shall be
submitted that include exterior finishes, materials, and colors. The plans are
subject to the review and approval of the Planning Manager.
7. A Public Art Plan which proposes a specific work(s) of art for a specific
location(s) shall be submitted to the Planning Commission for review and
Exhibit liD"
f~1_~~2
approval. All public art approved by the Planning Commission shall be
completely installed prior to the issuance of a certificate of occupancy for the
project.
8. A detailed landscape plan must be reviewed and approved prior to
issuance of any building permits. In addition to the landscaping palette,
the plan shall include details on the hardscape design, lighting concepts
and outdoor furniture. At a minimum, the project shall incorporate the
amount and size of landscaping as shown on Sheet MLP1.1 attached
hereto as Attachment 1 and incorporated by this reference as though fully
set forth herein. The exact specifications for these items are subject to the
review and approval of the Planning Commission.
9. After project occupancy, landscaping is to be maintained to include the
minimum level of plant materials installed at the time of occupancy as
required by the approved plans.
10. A detailed water feature plan must be reviewed and approved prior to
issuance of any building permits. The plan shall include at least one water
feature to be located between the restaurant building and Cinema Tower,
details on the hardscape design and lighting concepts and an installation
plan. The exact specifications for these items are subject to the review
and approval of the Planning Commission. The water feature(s) shall be
maintained in the same condition as installed at the time of occupancy.
11. The following items must be included as exterior amenities for the
development: Enhanced paving in the retail and restaurant parking lot, the
retail walkways, the retail courtyard and at least one water feature. The
exact specifications for these items are subject to the review and approval
of the Planning Commission. The amenities shall be completely installed
prior to issuance of a certificate of occupancy for the building. The exterior
amenities shall be maintained in the same condition as installed at the time
of occupancy.
12. Pedestrian walkways shall be provided through all lots to establish
pedestrian pathways throughout the development as shown on
Attachment 2 and incorporated by this reference as though fully set forth
herein. The amenities to be provided along this pathway shall include
decorative concrete and paving, accent lighting and landscape planters as
shown on the plans. The materials and design of the walkway is subject
to the review and approval of the Planning Manager. The improvements
in each phase must be completed prior to occupancy of the first unit in the
respective phases.
13. Development, operational and maintenance standards shall be
established for the number, style and location of outdoor seating. The
Exhibit "0"
75a2_~33
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. This seating shall be reviewed and approved in conjunction
with the landscape plan and must be submitted prior to building plan
check.
14. Trash receptacles shall be located in high activity areas, such as plazas
and other public open spaces. The style of the receptacles shall be
compatible with other plaza furnishings.
15. All street furniture surfaces, pedestrian level walls and amenities shall
incorporate graffiti resistant coatings.
16. A floor plan of the project shall be submitted to the Planning Manager for
approval. The plan shall ensure that direct visibility into the tenant spaces
is maintained and glass storefronts and windows within the retail
component shall provide clear glass. The use of opaque or semi-opaque
storefronts or glass is prohibited.
17. Public payphones, if provided, may only be located within buildings.
18. Construction workers for the project shall be prohibited from parking in the
adjacent neighborhoods.
19. Prior to issuance of building permits, a Waste Management Plan shall be
submitted to the Planning Manager for approval. The plans shall include
information on items such as pick-up, delivery, and types of bins required.
Mitiaation Measures
20. Prior to issuance of building permits, the project developer shall ensure
that the building plans reflect the following information: outdoor lighting
fixtures adjacent to exterior doors and within walkways and parking lots
shall generate a minimum 1.0 foot candle level of light during normal
operation hours. During non-operating hours outdoor lighting fixtures shall
generate no less than .25 foot candle level of light. All lighting shall be
directed towards the interior of the project site.
21. Prior to issuance of building permits, building plans for the proposed
project shall reflect the use of non-reflective building materials to minimize
light and glare impacts.
22. Prior to the issuance of building permits, a Final Landscape Plan for each
building component of the project shall be approved by the City of Santa
Ana Planning and Building Agency. The Final Landscape Plan shall be
based on the conceptual landscape plan included in the EI R.
Exhibit "0"
7~~-~~4
23. Prior to issuance of Certificate of Occupancy Permits, the required
landscaping for each building component of the project shall be installed
to the satisfaction of the City of Santa Ana Planning Department.
24. Prior to the issuance of a building permit, the project developer shall
provide the Planning Manager plans that incorporate lighting and any
other conditions in the manner required by the FAA during the
construction phase (e.g. for the cranes) and after completion.
25. Pursuant to state law, prior to issuance of a certificate of a use and
occupancy permit, the project proponent shall provide evidence to the City
of Santa Ana that a Notice of Airport in the vicinity has been recorded on
the deed for each residential unit and shall remain so recorded so as long
as the airport is in operation.
26. As required by the AELUP, prior to issuance of the certificate of use and
occupancy, the City shall ensure that the sales office for the residential
unit posts a conspicuous sign informing potential buyers to the presence
of the airport. The notice shall be in the same language as the need
notice.
27. Prior to the issuance of a building permit, the project developer shall
provide evidence to the Planning Manager that an FAA "NO Hazard"
determination has been secured for the operation of the construction
cranes. The project developer shall demonstrate compliance with any
conditions imposed by the FAA.
28. During construction, the contractor shall be required to comply with
SCAQMD Fugitive Dust Rule 403 to suppress dust generated by
construction operations. To ensure compliance with SCAQMD Fugitive
Dust Rule 403, grading plans and demolition plans for the proposed
project shall reflect the following notes:
. All materials excavated or graded shall be sufficiently watered to
prevent excessive amounts of dust. Watering with complete
coverage shall occur at least twice daily, once in the late morning and
once after work is done for the day.
. All clearing and earthwork activities shall cease during periods of high
winds (winds greater than 25 mph averaged over one hour) or during
Stage 1 or Stage 2 smog episodes.
. Internal roadways and project site entry and exit points shall be
cleaned at the end of each day by the project developer. Dust and
debris from construction activities that migrates or is carried onto
Exhibit "0"
j~4_~~5
MacArthur Boulevard or Main Street adjacent to the project site shall
also be cleaned each day.
. All material transported off-site shall either be sufficiently watered or
securely covered to prevent excessive amounts of dust. Haul trucks
leaving the site shall have a minimum freeboard distance of 12-
inches.
. Construction equipment leaving the project site shall be wheel
washed.
. The amount of area disturbed by clearing and earthwork activities
shall be minimized at all times.
. Equipment engines shall be maintained in good condition and in
proper tune according manufacturer's specifications.
. To the extent feasible, construction equipment shall use alternative
clean fuels such as compressed natural gas equipment with
oxidation catalysts. If alternative clean fuels are not feasible,
gasoline powered construction equipment shall be used.
. Construction equipment operating on diesel fuel shall use
particulate filters or low sulfur diesel.
. To the extent feasible construction operations shall use electricity
from power poles in-lieu of temporary diesel or gasoline-powered
generators.
29. Prior to commencement of construction activities, the project developer shall
identify to the City a construction relations officer to act as a community
liaison concerning on-site activity, including resolution of issues related to
dust generation from grading/paving activities. A publicly visible sign shall
be posted with the name of construction relations officer and a telephone
number.
30. During finish work, the construction contractor shall ensure the minimization
of ROG emissions. Building plans for the project shall specify and require
the use of pre-coated building materials, use of high pressure-low volume
(HPL V) paint applicators with 50 percent efficiency, and use of lower
volatility paint not to exceed 100 grams of ROG per liter.
31. During construction and grading activities, the developer's construction
contractor shall comply with the measures set forth in the Storm Water
Pollution Prevention Plan (SWPPP) to ensure that airborne dust is kept to a
minimum.
Exhibit "0"
7~SS-~36
32. Prior to issuance of building permits and to the extent feasible, building plans
for the proposed project shall reflect the use of the following measures.
. Use low-polluting high energy-efficient appliances
. Install solar panels on roofs to supply electricity for heating and cooling
. Use double-paned windows to reduce thermal loss
. Install automatic lighting on/off controls and energy-efficient lighting
. Use light colored roofing materials in new construction to deflect heat
away from buildings.
33. During grading operations special handling of on-site soils shall be
required, due to the high moisture content of the soils, which is well above
optimum moisture conditions. The City of Santa Ana shall monitor the
grading contractor to ensure stabilization of the soils during grading prior
to placing and compacting fill soils over wet sub-grade soils, as
recommended in the geotechnical investigation prepared by Geotechnical
Professionals, Inc.
34. Prior to issuance of building permits, the project developer shall ensure
that pile foundations are incorporated into the project design to mitigate
the potential settlement hazards beneath the proposed buildings. Pile
foundations shall be installed according to the recommendations provided
in the project geotechnical report.
35. Prior to issuance of building permits, the project developer shall ensure
that the subterranean portion of the structures is designed and installed to
resist hydrostatic pressure and be a water- proof barrier between the
existing soils and subterranean portions of the buildings. This design and
installation shall be consistent with the recommendations provided in the
project geotechnical report.
36. Prior to initiation of project grading, the project developer shall ensure that
all existing utilities will be relocated, abandoned and removed, rerouted, or
protected in coordination with the project developer and affected utility
companies.
37. Prior to issuance of a grading permit for project construction, the project
developer shall ensure that a Final Geotechnical Report on the project site
is prepared. All recommendations from this Final Geotechnical Report
shall be incorporated into the final grading plan for the project.
38. Prior to issuance of building permits, the project developer shall ensure
that all structures on the site are designed in accordance with the seismic
design provisions set forth in the Final Geotechnical Report and the
Exhibit "0"
P~~6 of 14
70ts-237
Uniform Building Code in order to promote safety in the event of a seismic
event.
39. Prior to issuance of grading permits, the project developer shall determine
and demonstrate to the City of Santa Ana that the foundation piles for the
project would not intrude into the Orange County groundwater basin. In
the event the foundations intrude into the groundwater basin, the project
developer shall obtain approval and/or permits from the Orange County
Water District and the Regional Water Quality Control Board. Any
measures required by these agencies will be incorporated into the final
design and construction specifications for the project.
40. Prior to issuance of grading permits the project developer shall ensure that
provisions set forth in the Final Geotechnical Report regarding dust control
measures during site preparation, grading and construction are
incorporated into the final construction specifications for the project.
41. Prior to issuance of Certificate of Occupancy permits, the project
developer shall submit to the City of Santa Ana CC&Rs for each
residential project. The CC&Rs shall outline the environmental
awareness, conditions and Best Management Practices regarding the
handling and storage of hazardous materials as identified in the Water
Quality Management Plan for MacArthur Place South.
42. Prior to issuance of grading permits, the project developer shall provide
proof to the City of Santa Ana of an NPDES permit from the RWQCB for
on-site dewatering activities.
43. The residential management companies shall ensure that post-
construction Best Management Practices (BMP's) are strictly adhered to
by all building occupants and tenants.
44. Prior to issuance of a demolition permit, the project developer shall
prepare an asbestos survey to determine the presence of asbestos
containing building materials. The survey shall be submitted to the City's
Environmental Coordinator for review. If asbestos is identified, proper
precautions shall be taken during demolition in compliance with California
environmental laws, regulations and policies.
45. Prior to issuance of a demolition permit, the project developer shall
prepare a lead paint survey to determine the presence of lead based
paint. The survey shall be submitted to the City's Environmental
Coordinator for review. If lead based paint or mercury is identified, proper
precautions shall be taken during demolition in compliance with California
environmental laws, regulations and policies.
Exhibit "0"
P~e 7 of 14
7~B-238
46. Prior to occupancy of residential units, the project developer shall ensure
that CC&Rs for the community homeowners associations are recorded
specifying maintenance responsibilities for all BMP's identified in the
Water Quality Management Plan.
47. Prior to issuance of a grading permit for the project, the project developer
shall prepare and submit a Notice of Intent (NOI) to the State Water
Resources Control Board (SWRCB). The developer will also submit the
NOI and the project Water Discharge identification Number (WDIN)
provided by the SWRCB to the City of Santa Ana City Engineer.
48. During all site preparation, grading and construction, the project developer
shall ensure that the project contractor complies with all applicable
requirements of the NPDES permit, the Drainage Area Management Plan
(DAMP), and the City's Local Implementation Plan (LIP). BMP's from the
DAMP and the LIP will be implemented by the project contractors, as
appropriate during site preparation, grading and construction.
49. Prior to issuance of a grading permit, the project developer shall prepare a
Final Storm Water Pollution Prevention Plan (SWPPP). This plan shall be
submitted and approved by the City Engineer prior to initiation of any
grading activity. The project shall maintain the SWPPP on the
construction site throughout the construction period.
50. During all site preparation, grading and construction, the project developer
shall ensure that its contractor implements the provisions of the SWPPP.
51. Prior to the issuance of grading permits, the project developer shall submit
a Final Water Quality Management Plan (WQMP) based on the Final
Grading Plan, to be approved by the City's Director of Public Works. The
WQMP shall be consistent with the DAMP and shall contain provisions
and BMP's for construction and operation conditions.
52. Prior to the issuance of building permits, the project developer shall pay
the City's drainage impact fee.
53. Prior to the issuance of grading permits, the project developer shall verify
that structural BMP's have been permanently incorporated into project
plans. Such BMP's shall ensure that pollutants from project-related storm
water runoff are mitigated consistently with applicable state and local
standards.
54. Prior to issuance of grading permits, the project developer shall submit a
final drainage plan to the City identifying the exact size and location of
drainage facilities.
Exhibit "0"
p:we 8 of 14
708-239
55. Prior to issuance of grading permits, the project developer shall provide
proof of an NPDES permit from RWQCB to the City for onsite dewatering
activities.
56. Prior to issuance of building permits for tenant improvements for
restaurant uses, the project developer shall ensure that the proposed
restaurants are fitted with grease interceptors to the size and capacity as
designated by the City of Santa Ana Building Division.
57. Prior to issuance of building permits, building plans shall reflect the
construction of noise barriers to ensure an exterior noise level of 65 CNEL
or less around patios and balconies that are considered open space by
the City of Santa Ana. The barriers shall be constructed of materials that
provide a surface density of at least four pounds per square foot and shall
be continuous (without gaps or gates). The height of the barriers shall be
sufficient to reduce the exterior noise level to a CNEL of 65 dB or less,
and shall be determined by a qualified acoustical consultant as part of the
final engineering design of the project.
58. Prior to issuance of building permits, building plans shall specify the STC
rating of windows and doors for all residential land uses. Window and door
ratings shall be sufficient to reduce the interior noise level to a CNEL of 45
dB or less, and shall be determined by a qualified acoustical consultant as
part of the final engineering design of the project.
59. Prior to building occupancy, mechanical ventilation shall be installed at the
proposed condominiums and residential towers since the interior CNEL
standard of 45 dB is to be met with all windows and doors closed.
60. Prior to building occupancy, to the extent possible, all equipment shall be
enclosed within a building or separate structure. Where this is not
possible, barriers may be necessary to shield the equipment from the
existing and proposed residential buildings. Depending on the size and
style of the equipment, silencers in the intake and exhaust ducts may also
be necessary to reduce noise at the residential buildings to an acceptable
level.
61. Upon project completion, truck deliveries to the restaurant and the retail
building shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. Delivery
trucks shall not be permitted to idle in the parking lots or loading areas and
shall be required to have properly maintained, factory approved mufflers.
Delivery truck drivers shall be encouraged to minimize acceleration and
maintain reduced vehicle speeds while onsite.
62. Demolition and construction plans for the proposed project shall reflect the
following note: "During demolition and construction, the contractor shall
Exhibit "0"
7~~-~40
adhere to all City Noise Ordinance requirements to limit all construction
activity, including equipment start-up, to between the hours of 7:00 a.m.
and 8:00 p.m. Mondays through Saturdays. No construction shall take
place on Sundays or federal holidays.
63. During demolition and construction, the contractor shall site all
construction staging and storage areas away from sensitive receptors to
the furthest extent possible.
64. During construction activities, the project developer shall ensure that all
pile driving equipment shall be enclosed on all sides with an acoustical
blanket barrier that provides a minimum sound transmission class (STC)
rating of 30. The height of the blanket enclosure shall be at least 20 feet.
With the exception of points of access to the enclosure area, there shall
be no openings or gaps in the enclosure, and all points of access are to
remain closed during pile driving activities. Notwithstanding Mitigation
Measure No. 61, pile driving shall not commence prior to 8:00 a.m. on
Saturday.
65. Prior to issuance of grading or demolition permits, the project developer
shall submit a construction equipment staging plan to the City of Santa
Ana for approval.
66. Prior to the start of construction activity, the project developer shall post
the name and telephone number of the construction relations officer on-
site.
67. Prior to any site preparation, grading or construction, the project contractor
shall provide to resident associations in the Sandpointe neighborhood, the
Main Attraction Condominiums and the Pinnacle Apartments a project
schedule indicating the type of construction activity and duration,
construction staging areas and the name and telephone number of the
construction relations officer.
68. Prior to issuance of occupancy permits, the project developer, at the
project developer's sole expense, shall conduct a noise monitoring
analysis to ensure that residential units achieve an interior noise level of
45 dB CNEL. The analysis shall be conducted by a qualified acoustical
consultant and shall be submitted to the City's Planning and Building
Agency for review.
69. Prior to issuance of a building permit, the project developer shall
coordinate any required relocation of fire hydrants on the property with
Santa Ana Fire Department. Final approval from the Fire Department is
required regarding location of hydrants on the project site.
Exhibit "0"
~13~~41
70. Prior to issuance of a grading permit, the project developer shall submit
building plans to the Santa Ana Police Department in order to ensure
compliance with the City of Santa Ana's Building Security Ordinance. The
Police Department must approve the building plans with regard to the
Building Security Ordinance prior to initiation of grading.
71. Prior to issuance of a building permit, the project developer shall prepare a
Mandated Security Plan, which would need final Police department
approval. The plan is required to address issues such as onsite uniform
security staffing, restriction of hours of operation for the parking garages,
implementation of electronic security, mechanical surveillance, and
compliance with the basic principles of Crime Prevention Through
Environmental Design.
72. Prior to issuance of a building permit, the project developer shall comply
with Senate Bill 50 and pay applicable school impact fees. Currently, the
Santa Ana Unified School District's adopted Fee Justification for
residential development is $2.14 per square foot and $0.33 per square
foot for commercial development.
73. Prior to issuance of a building permit, the project developer shall ensure
that the appropriate park Acquisition and Development Fee and parkland
dedication or in-lieu payments have been made.
74. Prior to issuance of building permits, the project developer shall submit a
Construction Phasing Plan to Santa Ana Fire Department. The plan must
be consistent with the Fire Department Fire Code requirements and must
show that emergency access to the construction site is adequate.
75. Prior to issuance of building permits, the project developer shall provide
evidence to the Santa Ana Fire Department that the proposed fire
protection and life saving systems incorporated in the project are
adequate.
76. Prior to issuance of building permits, the project developer shall submit the
final design of the project, including fire sprinklers system design to the
Santa Ana Fire Department for approval.
77. Prior to issuance of building permits, the project developer shall
coordinate with the Santa Ana Fire Department and the Santa Ana Police
Department regarding possible radio interference and installation of radio
repeaters on a tower rooftop.
78. Prior to issuance of building occupancy permits, the project developer in
cooperation with the City of Santa Ana, shall provide for the restriping of
Exhibit "0"
~g13~~42
the outside southbound through lane at the intersection of Main Street and
Sunflower to a shared through and right turn lane.
79. Prior to issuance of building occupancy permits, the project developer in
cooperation with the City of Santa Ana, shall provide for the restriping the
shared through right-turn lane at Hutton Centre Drive and MacArthur
Boulevard to provide an exclusive through lane and construct a second
northbound right turn lane for the northbound traffic.
80. Prior to issuance of building occupancy permits, the project developer
shall pay for the construction of a third eastbound through lane on
MacArthur Boulevard between Hutton Centre Drive/lmperial Promenade
and the SR-55 northbound on-ramp.
81. Prior to the issuance of building occupancy permits, the project developer
in cooperation with the City of Santa Ana, shall provide for the installation
of a traffic signal at Hutton Centre Drive and Hutton Centre Loop.
82. Prior to issuance of building occupancy permits, the project developer
shall pay for the construction of a fourth eastbound lane on MacArthur
Boulevard between Hutton Centre Drive/lmperial Promenade and the SR-
55 southbound on-ramp.
83. Prior to issuance of building occupancy permits, the project developer
shall contribute $200,000 for the City of anta Ana to prepare a
neighborhood traffic study to assess any intrusion of project traffic into the
Sandpointe Neighborhood. If traffic intrusion is attributable to the project,
corrective measures could include forced-turn channelization, semi-
diverters, diagonal diverters and cul-de-sacs.
84. Prior to issuance of building occupancy permits, the project developer
shall develop a parking plan in cooperation with the City of Santa Ana to
ensure that parking needs are met.
85. Prior to issuance of building occupancy permits the project developer shall
pay a fair-share contribution for restriping a second eastbound right-turn
lane the intersection of Main Street and Sunflower in order to achieve LOS
o for 2025.
86. Prior to issuance of grading permits, the project developer shall coordinate
with SCE to determine the exact location of all underground and overhead
electrical facilities. All electrical facilities and associated structures to be
left on the project site shall be protected from damage.
Exhibit "0"
~1:i~~43
87. Prior to issuance of grading permits, the project developer shall ensure
that grading plans reflect the under grounding of utility lines serving the
proposed project.
88. Prior to issuance of grading permits, the project developer shall coordinate
with Southern California Gas to determine the exact location of all
underground natural gas facilities. All gas pipelines and associated
structures to be left on the project site must be protected from damage.
89. Prior to issuance of grading permits, the project developer shall coordinate
with Adelphia Communications to determine the exact location of all
underground cable facilities. The developer shall protect all existing cable
lines and associated structures to be left on the project site for damage.
90. Prior to issuance of grading permits, the project developer shall coordinate
with SBC Communications (formerly Pacific Bell) to determine the exact
location of all underground telephone facilities. The developer shall
protect all existing telephone lines and associated structures to be left on
the project site from damage.
91. Prior to issuance of grading permits, the project developer shall
demonstrate to the City of Santa Ana that construction-related waste
generated on-site would be recycled wherever feasible as the first choice
of disposal method, leaving the option of landfill disposal as a last
alternative. The proposed commercial uses shall incorporate facilities for
collection and pick-up of recyclable materials into the design of the project.
92. Prior to issuance of grading permits, the project developer shall coordinate
with the Santa Ana Water Division to determine the exact location of all
existing underground water supply facilities and take action to prevent
damage to these facilities to be left on the project site or interfere with their
operation. The project developer shall pay their fair share amount for the
necessary facilities to accommodate project-related water supplies.
93. Prior to issuance of building permits, the existing eight-inch sewer line
along Hutton Centre Drive, north of Sandpointe Avenue shall be replaced
with a new 10-inch sewer line.
94. Prior to issuance of grading permits, the project developer shall coordinate
with Waste Management on the type and location of facilities needed to
provide solid waste disposal service to the project site.
95. Prior to issuance of grading permits, the project developer shall perform
soil testing to determine is soil to be excavated from the site will require
off-site disposal. If the soil is found to be contaminated, it will be properly
Exhibit "0"
~ti:~44
disposed of in compliance with California environmental laws, regulations
and policies.
B. Police Department
1. A security plan must be submitted to the Police Department at the plan
check stage for approval. The plan must cover all aspects of the projects
security including security personnel, surveillance equipment, and
hardware. The project will be required to have a minimum of four state
licensed uniformed security personnel. One security officer will be
required for each building, one for the podium level and one for the
parking garage.
2. A minimum 12-inch shatterproof convex mirror shall be installed at each
stair landing. All doors leading into stairwells shall be equipped with a
minimum 5-inch by 20-inch fire rated window. The last flight of stairs shall
be fully enclosed at its base.
3. The City of Santa Ana parking structure design standards shall be
followed in its entirety. Duress alarms allowing voice communication with
security personnel shall be placed in strategic locations, approved by the
Police Department, throughout the parking garage.
4. All project walkways shall be illuminated to a minimum maintained one
footcandle of light.
5. All elevators serving the residential component of the project shall be
equipped with card readers at the garage levels to restrict unauthorized
access into the residential towers. The elevator lobbies shall be designed
and constructed of material that allows maximum visibility of the interior of
the lobby from the parking decks. Glazing material will be used to its
maximum extent.
Exhibit "0"
~13~~45
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758-248
Conditions for Approval for Conditional Use Permit No. 2005-15
Conditional Use Permit No. 2005-15 (Integral) is approved subject to compliance, to the
reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the
following conditions of approval:
The applicant must comply with each and every condition listed below prior to exercising
the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the life
of the development project. Failure to comply with each and every condition may result in
the revocation of the conditional use permit approval.
A. Plannina Division
1 . All proposed site improvements must conform with the Site Plan Review
approval of DP No. 03-77.
2. Any amendment to this conditional use permit must be submitted to the
Planning Division for review. At that time, staff will determine if
administrative relief is available or the conditional use permit must be
amended.
3. Bedrooms are prohibited on the ground (first) floor of the live/work loft
units.
4. A Parking Management Plan documenting how the tandem parking stalls
will function must be submitted prior to building plan check.
5. All parking for the project shall be made available free of charge. Two
parking spaces per dwelling unit shall be provided as a part of the deed for
each dwelling unit.
6. Signage to direct customers and guests to the adjacent parking structure
shall be provided. A directional sign plan needs to be submitted and
approved by the Planning Manager prior to issuance of a certificate of
occupancy.
7. The project shall incorporate on-site professional property management
for the residential component.
8. A gas fireplace shall be provided within the community room.
Exhibit "E"
P~e 1 of 15
7~B-249
9. Covenants, Conditions and Restrictions (CC&Rs) shall be provided for the
project. At a minimum, the CC&Rs shall include provisions pertaining to
owner occupancy, restrictions on home-based businesses, the prohibition
of storage on balconies and a restriction on truck delivery hours to non-
peak periods shall be submitted prior to building plan check.
10. Prior to submittal into building plan check, detailed elevations shall be
submitted to include exterior finishes, materials, and colors subject to
approval of the Planning Manager.
11 . Prior to submittal into building plan check, detailed plans of the pedestrian
paseo shall be submitted that include enhancements to landscape,
hardscape, lighting and street furniture subject to approval of the Planning
Manager.
12. A Public Art Plan which proposes a specific work(s) of art for a specific
location(s) shall be submitted to the Planning Commission for review and
approval. All public art approved by the Planning Commission shall be
completely installed prior to the issuance of a certificate of occupancy for the
project.
13. A detailed landscape plan must be reviewed and approved prior to
issuance of any building permits. In addition to the landscaping palette,
the plan shall include details on the materials, finishes and lighting for the
Public Plaza at the northwest corner of site as well as the overall
hardscape design, lighting concepts and outdoor furniture for the project.
At a minimum, the project shall incorporate the amount and size of
landscaping as shown on Sheet MLP1.1 , attached hereto as Attachment 1
and incorporated by this reference as though fully set forth herein, and the
conceptual landscaping plans for the project. The exact specifications for
these items are subject to the review and approval of the Planning
Commission.
14. After project occupancy, landscaping is to be maintained to include the
minimum level of plant materials installed at the time of occupancy as
required by the approved plans.
15. A detailed water feature plan must be reviewed and approved prior to
issuance of any building permits. The plan shall include a minimum of three
water features as shown on Attachment 2 and incorporated by this
reference as though fully set forth herein (Integral site plan), design details,
hardscape design and lighting concepts and an installation plan. The exact
specifications for these items are subject to review and approval of the
Planning Commission. The water feature(s) shall be maintained in the same
condition as installed at the time of occupancy.
Exhibit "E"
75~-~50
16. The following items must be included as exterior amenities for the
development: A pool and spa, lounge deck, outdoor gas fireplace, shade
structure, fitness room and clubroom within Recreation Area 1; and a
game table, seating area, barbeque and tot lot within Recreation Area 2.
In addition, landscaping consisting of both trees and plant materials shall
be provided. The exact specifications for these items must be shown on a
detailed plan and are subject to the review and approval of the Planning
Commission. The exterior amenities shall be maintained in the same
condition as installed at the time of occupancy.
17. The interior courtyard improvements for the project shall be completely
installed prior to the release of utilities for any unit within its respective
phase of this project.
18. An interior amenity plan of the fitness room and club room must be
reviewed and approved prior to issuance of any building permits. The
plan shall include details on the various finishes and equipment to be
provided in these rooms. At a minimum, the following items must be
included as interior amenities within the common areas: Granite counter
tops or equivalent, hardwood flooring or equivalent, tiled bathroom and
shower walls, and a gas fireplace. The exact specifications for these
items are subject to the review and approval of the Planning Manager.
The interior amenities shall be maintained in the same condition as installed
at the time of occupancy.
19. The following items must be included as interior amenities within each
unit: granite counter tops or equivalent, hardwood flooring or equivalent,
General Electric Monogram appliances or equivalent, tiled bathroom and
shower walls, individual laundry hook-ups, stain grade hard wood cabinets
and fireplaces. The exact specifications for these items are subject to the
review and approval of the Planning Manager.
20. Pedestrian walkways shall be provided through all lots to establish
pedestrian pathways throughout the development as shown on
Attachment 3 and incorporated by this reference as though fully set forth
herein. The amenities to be provided along this pathway shall include
decorative concrete and paving, accent lighting, and landscape planters
as shown on the plans. The materials and design of the walkway is
subject to the review and approval of the Planning Manager. The
improvements in each phase must be completed prior to occupancy of the
first unit in the respective phases.
21. One storage locker shall be provided for each residential unit. The lockers
shall be available at no cost to the residents and shall be a minimum of
250 cubic feet in size.
Exhibit "E"
P~e 3 of 15
7~B-251
22. Smart wIring, including cable television and high-speed cable for
computers, shall be provided for each unit and within the project's
common areas.
23. A directional sign plan needs to be submitted and approved by the Planning
Manager prior to issuance of a certificate of occupancy.
24. Construction workers for the project shall be prohibited from parking in the
adjacent neighborhoods.
25. Prior to issuance of building permits, a Waste Management Plan shall be
submitted to the Planning Manager for approval. The plans shall include
information on items such as pick-up, delivery, and types of bins required.
Mitiaation Measures
26. Prior to issuance of building permits, the project developer shall ensure
that the building plans reflect the following information: outdoor lighting
fixtures adjacent to exterior doors and within walkways and parking lots
shall generate a minimum 1.0 foot candle level of light during normal
operation hours. During non-operating hours outdoor lighting fixtures shall
generate no less than .25 foot candle level of light. All lighting shall be
directed towards the interior of the project site.
27. Prior to issuance of building permits, building plans for the proposed
project shall reflect the use of non-reflective building materials to minimize
light and glare impacts.
28. Prior to the issuance of building permits, a Final Landscape Plan for each
building component of the project shall be approved by the City of Santa
Ana Planning and Building Agency. The Final Landscape Plan shall be
based on the conceptual landscape plan included in the EIR.
29. Prior to issuance of Certificate of Occupancy Permits, the required
landscaping for each building component of the project shall be installed
to the satisfaction of the City of Santa Ana Planning Department.
30. Prior to the issuance of a building permit, the project developer shall
provide the Planning Manager plans that incorporate lighting and any
other conditions in the manner required by the FAA during the
construction phase (e.g. for the cranes) and after completion.
31. Pursuant to state law, prior to issuance of a certificate of a use and
occupancy permit, the project proponent shall provide evidence to the City
of Santa Ana that a Notice of Airport in the vicinity has been recorded on
Exhibit "E"
75~-~52
the deed for each residential unit and shall remain so recorded so as long
as the airport is in operation.
32. As required by the AELUP, prior to issuance of the certificate of use and
occupancy, the City shall ensure that the sales office for the residential
unit posts a conspicuous sign informing potential buyers to the presence
of the airport. The notice shall be in the same language as the need
notice.
33. Prior to the issuance of a building permit, the project developer shall
provide evidence to the Planning Manager that an FAA "NO Hazard"
determination has been secured for the operation of the construction
cranes. The project developer shall demonstrate compliance with any
conditions imposed by the FAA.
34. During construction, the contractor shall be required to comply with
SCAQMD Fugitive Dust Rule 403 to suppress dust generated by
construction operations. To ensure compliance with SCAQMD Fugitive
Dust Rule 403, grading plans and demolition plans for the proposed
project shall reflect the following notes:
. All materials excavated or graded shall be sufficiently watered to
prevent excessive amounts of dust. Watering with complete
coverage shall occur at least twice daily, once in the late morning and
once after work is done for the day.
. All clearing and earthwork activities shall cease during periods of high
winds (winds greater than 25 mph averaged over one hour) or during
Stage 1 or Stage 2 smog episodes.
. Internal roadways and project site entry and exit points shall be
cleaned at the end of each day by the project developer. Dust and
debris from construction activities that migrates or is carried onto
MacArthur Boulevard or Main Street adjacent to the project site shall
also be cleaned each day.
. All material transported off-site shall either be sufficiently watered or
securely covered to prevent excessive amounts of dust. Haul trucks
leaving the site shall have a minimum freeboard distance of 12-
inches.
. Construction equipment leaving the project site shall be wheel
washed.
. The amount of area disturbed by clearing and earthwork activities
shall be minimized at all times.
Exhibit "E"
7g~-~g3
. Equipment engines shall be maintained in good condition and in
proper tune according manufacturer's specifications.
. To the extent feasible, construction equipment shall use alternative
clean fuels such as compressed natural gas equipment with
oxidation catalysts. If alternative clean fuels are not feasible,
gasoline powered construction equipment shall be used.
. Construction equipment operating on diesel fuel shall use
particulate filters or low sulfur diesel.
. To the extent feasible construction operations shall use electricity
from power poles in-lieu of temporary diesel or gasoline-powered
generators.
35. Prior to commencement of construction activities, the project developer shall
identify to the City a construction relations officer to act as a community
liaison concerning on-site activity, including resolution of issues related to
dust generation from grading/paving activities. A publicly visible sign shall
be posted with the name of construction relations officer and a telephone
number.
36. During finish work, the construction contractor shall ensure the minimization
of ROG emissions. Building plans for the project shall specify and require
the use of pre-coated building materials, use of high pressure-low volume
(HPL V) paint applicators with 50 percent efficiency, and use of lower
volatility paint not to exceed 100 grams of ROG per liter.
37. During construction and grading activities, the developer's construction
contractor shall comply with the measures set forth in the Storm Water
Pollution Prevention Plan (SWPPP) to ensure that airborne dust is kept to a
minimum.
38. Prior to issuance of building permits and to the extent feasible, building plans
for the proposed project shall reflect the use of the following measures.
. Use low-polluting high energy-efficient appliances
. Install solar panels on roofs to supply electricity for heating and cooling
· Use double-paned windows to reduce thermal loss
. Install automatic lighting on/off controls and energy-efficient lighting
· Use light colored roofing materials in new construction to deflect heat
away from buildings.
39. During grading operations special handling of on-site soils shall be
required, due to the high moisture content of the soils, which is well above
Exhibit "E"
7!Ef-~g4
optimum moisture conditions. The City of Santa Ana shall monitor the
grading contractor to ensure stabilization of the soils during grading prior
to placing and compacting fill soils over wet sub-grade soils, as
recommended in the geotechnical investigation prepared by Geotechnical
Professionals, Inc.
40. Prior to issuance of building permits, the project developer shall ensure
that pile foundations are incorporated into the project design to mitigate
the potential settlement hazards beneath the proposed buildings. Pile
foundations shall be installed according to the recommendations provided
in the project geotechnical report.
41. Prior to issuance of building permits, the project developer shall ensure
that the subterranean portion of the structures is designed and installed to
resist hydrostatic pressure and be a water-proof barrier between the
existing soils and subterranean portions of the buildings. This design and
installation shall be consistent with the recommendations provided in the
project geotechnical report.
42. Prior to initiation of project grading, the project developer shall ensure that
all existing utilities will be relocated, abandoned and removed, rerouted, or
protected in coordination with the project developer and affected utility
companies.
43. Prior to issuance of a grading permit for project construction, the project
developer shall ensure that a Final Geotechnical Report on the project site
is prepared. All recommendations from this Final Geotechnical Report
shall be incorporated into the final grading plan for the project.
44. Prior to issuance of building permits, the project developer shall ensure
that all structures on the site are designed in accordance with the seismic
design provisions set forth in the Final Geotechnical Report and the
Uniform Building Code in order to promote safety in the event of a seismic
event.
45. Prior to issuance of grading permits, the project developer shall determine
and demonstrate to the City of Santa Ana that the foundation piles for the
project would not intrude into the Orange County groundwater basin. In
the event the foundations intrude into the groundwater basin, the project
developer shall obtain approval and/or permits from the Orange County
Water District and the Regional Water Quality Control Board. Any
measures required by these agencies will be incorporated into the final
design and construction specifications for the project.
46. Prior to issuance of grading permits the project developer shall ensure that
provisions set forth in the Final Geotechnical Report regarding dust control
Exhibit "E"
P~e 7 of 15
708-255
measures during site preparation, grading and construction are
incorporated into the final construction specifications for the project.
47. Prior to issuance of Certificate of Occupancy permits, the project
developer shall submit to the City of Santa Ana CC&Rs for each
residential project. The CC&Rs shall outline the environmental
awareness, conditions and Best Management Practices regarding the
handling and storage of hazardous materials as identified in the Water
Quality Management Plan for MacArthur Place South.
48. Prior to issuance of grading permits, the project developer shall provide
proof to the City of Santa Ana of an NPDES permit from the RWQCB for
on-site dewatering activities.
49. The residential management companies shall ensure that post-
construction Best Management Practices (BMP's) are strictly adhered to
by all building occupants and tenants.
50. Prior to issuance of a demolition permit, the project developer shall
prepare an asbestos survey to determine the presence of asbestos
containing building materials. The survey shall be submitted to the City's
Environmental Coordinator for review. If asbestos is identified, proper
precautions shall be taken during demolition in compliance with California
environmental laws, regulations and policies.
51. Prior to issuance of a demolition permit, the project developer shall
prepare a lead paint survey to determine the presence of lead based
paint. The survey shall be submitted to the City's Environmental
Coordinator for review. If lead based paint or mercury is identified, proper
precautions shall be taken during demolition in compliance with California
environmental laws, regulations and policies.
52. Prior to occupancy of residential units, the project developer shall ensure
that CC&Rs for the community homeowners associations are recorded
specifying maintenance responsibilities for all BMP's identified in the
Water Quality Management Plan.
53. Prior to issuance of a grading permit for the project, the project developer
shall prepare and submit a Notice of Intent (NOI) to the State Water
Resources Control Board (SWRCB). The developer will also submit the
NOI and the project Water Discharge identification Number (WDIN)
provided by the SWRCB to the City of Santa Ana City Engineer.
54. During all site preparation, grading and construction, the project developer
shall ensure that the project contractor complies with all applicable
requirements of the NPDES permit, the Drainage Area Management Plan
Exhibit "E"
P~~8 q1. 15
7 ol:j-~56
(DAMP), and the City's Local Implementation Plan (LIP). BMP's from the
DAMP and the LIP will be implemented by the project contractors, as
appropriate during site preparation, grading and construction.
55. Prior to issuance of a grading permit, the project developer shall prepare a
Final Storm Water Pollution Prevention Plan (SWPPP). This plan shall be
submitted and approved by the City Engineer prior to initiation of any
grading activity. The project shall maintain the SWPPP on the
construction site throughout the construction period.
56. During all site preparation, grading and construction, the project developer
shall ensure that its contractor implements the provisions of the SWPPP.
57. Prior to the issuance of grading permits, the project developer shall submit
a Final Water Quality Management Plan (WQMP) based on the Final
Grading Plan, to be approved by the City's Director of Public Works. The
WQMP shall be consistent with the DAMP and shall contain provisions
and BMP's for construction and operation conditions.
58. Prior to the issuance of building permits, the project developer shall pay
the City's drainage impact fee.
59. Prior to the issuance of grading permits, the project developer shall verify
that structural BMP's have been permanently incorporated into project
plans. Such BMP s shall ensure that pollutants from project-related storm
water runoff are mitigated consistently with applicable state and local
standards.
60. Prior to issuance of grading permits, the project developer shall submit a
final drainage plan to the City identifying the exact size and location of
drainage facilities.
61. Prior to issuance of grading permits, the project developer shall provide
proof of an NPDES permit from RWQCB to the City for onsite dewatering
activities.
62. Prior to issuance of building permits for tenant improvements for
restaurant uses, the project developer shall ensure that the proposed
restaurants are fitted with grease interceptors to the size and capacity as
designated by the City of Santa Ana Building Division.
63. Prior to issuance of building permits, building plans shall reflect the
construction of noise barriers to ensure an exterior noise level of 65 CNEL
or less around patios and balconies that are considered open space by
the City of Santa Ana. The barriers shall be constructed of materials that
provide a surface density of at least four pounds per square foot and shall
Exhibit "E"
PWe 9 of 15
708-257
be continuous (without gaps or gates). The height of the barriers shall be
sufficient to reduce the exterior noise level to a CNEL of 65 dB or less,
and shall be determined by a qualified acoustical consultant as part of the
final engineering design of the project.
64. Prior to issuance of building permits, building plans shall specify the STC
rating of windows and doors for all residential land uses. Window and door
ratings shall be sufficient to reduce the interior noise level to a CNEL of 45
dB or less, and shall be determined by a qualified acoustical consultant as
part of the final engineering design of the project.
65. Prior to building occupancy, mechanical ventilation shall be installed at the
proposed condominiums and residential towers since the interior CNEL
standard of 45 dB is to be met with all windows and doors closed.
66. Prior to building occupancy, to the extent possible, all equipment shall be
enclosed within a building or separate structure. Where this is not
possible, barriers may be necessary to shield the equipment from the
existing and proposed residential buildings. Depending on the size and
style of the equipment, silencers in the intake and exhaust ducts may also
be necessary to reduce noise at the residential buildings to an acceptable
level.
67. Upon project completion, truck deliveries to the restaurant and the retail
building shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. Delivery
trucks shall not be permitted to idle in the parking lots or loading areas and
shall be required to have properly maintained, factory approved mufflers.
Delivery truck drivers shall be encouraged to minimize acceleration and
maintain reduced vehicle speeds while onsite.
68. Demolition and construction plans for the proposed project shall reflect the
following note: "During demolition and construction, the contractor shall
adhere to all City Noise Ordinance requirements to limit all construction
activity, including equipment start-up, to between the hours of 7:00 a.m.
and 8:00 p.m. Mondays through Saturdays. No construction shall take
place on Sundays or federal holidays.
69. During demolition and construction, the contractor shall site all
construction staging and storage areas away from sensitive receptors to
the furthest extent possible.
70. During construction activities, the project developer shall ensure that all
pile driving equipment shall be enclosed on all sides with an acoustical
blanket barrier that provides a minimum sound transmission class (STC)
rating of 30. The height of the blanket enclosure shall be at least 20 feet.
With the exception of points of access to the enclosure area, there shall
Exhibit "E"
pa.se 1 0 of 15
7~B-258
be no openings or gaps in the enclosure, and all points of access are to
remain closed during pile driving activities. Notwithstanding Mitigation
Measure No. 65, pile driving shall not commence prior to 8:00 a.m. on
Saturday.
71. Prior to issuance of grading or demolition permits, the project developer
shall submit a construction equipment staging plan to the City of Santa
Ana for approval.
72. Prior to the start of construction activity, the project developer shall post
the name and telephone number of the construction relations officer on-
site.
73. Prior to any site preparation, grading or construction, the project contractor
shall provide to resident associations in the Sandpointe neighborhood, the
Main Attraction Condominiums and the Pinnacle Apartments a project
schedule indicating the type of construction activity and duration,
construction staging areas and the name and telephone number of the
construction relations officer.
74. Prior to issuance of occupancy permits, the project developer, at the
project developer's sole expense, shall conduct a noise monitoring
analysis to ensure that residential units achieve an interior noise level of
45 dB CNEL. The analysis shall be conducted by a qualified acoustical
consultant and shall be submitted to the City's Planning and Building
Agency for review.
75. Prior to issuance of a building permit, the project developer shall
coordinate any required relocation of fire hydrants on the property with
Santa Ana Fire Department. Final approval from the Fire Department is
required regarding location of hydrants on the project site.
76. Prior to issuance of a grading permit, the project developer shall submit
building plans to the Santa Ana Police Department in order to ensure
compliance with the City of Santa Ana's Building Security Ordinance. The
Police Department must approve the building plans with regard to the
Building Security Ordinance prior to initiation of grading.
77. Prior to issuance of a building permit, the project developer shall prepare a
Mandated Security Plan, which would need final Police department
approval. The plan is required to address issues such as onsite uniform
security staffing, restriction of hours of operation for the parking garages,
implementation of electronic security, mechanical surveillance, and
compliance with the basic principles of Crime Prevention Through
Environmental Design.
Exhibit "E"
Pa2e 11 of 15
7~B-259
78. Prior to issuance of a building permit, the project developer shall comply
with Senate Bill 50 and pay applicable school impact fees. Currently, the
Santa Ana Unified School District's adopted Fee Justification for
residential development is $2.14 per square foot and $0.33 per square
foot for commercial development.
79. Prior to issuance of a building permit, the project developer shall ensure
that the appropriate park Acquisition and Development Fee and parkland
dedication or in-lieu payments have been made.
80. Prior to issuance of building permits, the project developer shall submit a
Construction Phasing Plan to Santa Ana Fire Department. The plan must
be consistent with the Fire Department Fire Code requirements and must
show that emergency access to the construction site is adequate.
81. Prior to issuance of building permits, the project developer shall provide
evidence to the Santa Ana Fire Department that the proposed fire
protection and life saving systems incorporated in the project are
adequate.
82. Prior to issuance of building permits, the project developer shall submit the
final design of the project, including fire sprinklers system design to the
Santa Ana Fire Department for approval.
83. Prior to issuance of building permits, the project developer shall
coordinate with the Santa Ana Fire Department and the Santa Ana Police
Department regarding possible radio interference and installation of radio
repeaters on a tower rooftop.
84. Prior to issuance of building occupancy permits, the project developer in
cooperation with the City of Santa Ana, shall provide for the restriping of
the outside southbound through lane at the intersection of Main Street and
Sunflower to a shared through and right turn lane.
85. Prior to issuance of building occupancy permits, the project developer in
cooperation with the City of Santa Ana, shall provide for the restriping the
shared through right-turn lane at Hutton Centre Drive and MacArthur
Boulevard to provide an exclusive through lane and construct a second
northbound right turn lane for the northbound traffic.
86. Prior to issuance of building occupancy permits, the project developer
shall pay for the construction of a third eastbound through lane on
MacArthur Boulevard between Hutton Centre Drive/Imperial Promenade
and the SR-55 northbound on-ramp.
Exhibit "E"
Pa~ 12 of 15
7~B-260
87. Prior to the issuance of building occupancy permits, the project developer
in cooperation with the City of Santa Ana, shall provide for the installation
of a traffic signal at Hutton Centre Drive and Hutton Centre Loop.
88. Prior to issuance of building occupancy permits, the project developer
shall pay for the construction of a fourth eastbound lane on MacArthur
Boulevard between Hutton Centre Drive/Imperial Promenade and the SR-
55 southbound on-ramp.
89. Prior to issuance of building occupancy permits, the project developer
shall contribute $200,000 for the City of anta Ana to prepare a
neighborhood traffic study to assess any intrusion of project traffic into the
Sandpointe Neighborhood. If traffic intrusion is attributable to the project,
corrective measures could include forced-turn channelization, semi-
diverters, diagonal diverters and cul-de-sacs.
90. Prior to issuance of building occupancy permits, the project developer
shall develop a parking plan in cooperation with the City of Santa Ana to
ensure that parking needs are met.
91. Prior to issuance of building occupancy permits the project developer shall
pay a fair-share contribution for restriping a second eastbound right-turn
lane at the intersection of Main Street and Sunflower in order to achieve
LOS 0 for 2025.
92. Prior to issuance of grading permits, the project developer shall coordinate
with SCE to determine the exact location of all underground and overhead
electrical facilities. All electrical facilities and associated structures to be
left on the project site shall be protected from damage.
93. Prior to issuance of grading permits, the project developer shall ensure
that grading plans reflect the under grounding of utility lines serving the
proposed project.
94. Prior to issuance of grading permits, the project developer shall coordinate
with Southern California Gas to determine the exact location of all
underground natural gas facilities. All gas pipelines and associated
structures to be left on the project site must be protected from damage.
95. Prior to issuance of grading permits, the project developer shall coordinate
with Adelphia Communications to determine the exact location of all
underground cable facilities. The developer shall protect all existing cable
lines and associated structures to be left on the project site for damage.
96. Prior to issuance of grading permits, the project developer shall coordinate
with SBC Communications (formerly Pacific Bell) to determine the exact
Exhibit "E"
Pa~ 13 of 15
7~B-261
location of all underground telephone facilities. The developer shall
protect all existing telephone lines and associated structures to be left on
the project site from damage.
97. Prior to issuance of grading permits, the project developer shall
demonstrate to the City of Santa Ana that construction-related waste
generated on-site would be recycled wherever feasible as the first choice
of disposal method, leaving the option of landfill disposal as a last
alternative. The proposed commercial uses shall incorporate facilities for
collection and pick-up of recyclable materials into the design of the project.
98. Prior to issuance of grading permits, the project developer shall coordinate
with the Santa Ana Water Division to determine the exact location of all
existing underground water supply facilities and take action to prevent
damage to these facilities to be left on the project site or interfere with their
operation. The project developer shall pay their fair share amount for the
necessary facilities to accommodate project-related water supplies.
99. Prior to issuance of building permits, the existing eight-inch sewer line
along Hutton Centre Drive, north of Sandpointe Avenue shall be replaced
with a new 10-inch sewer line.
100. Prior to issuance of grading permits, the project developer shall coordinate
with Waste Management on the type and location of facilities needed to
provide solid waste disposal service to the project site.
101. Prior to issuance of grading permits, the project developer shall perform
soil testing to determine is soil to be excavated from the site will require
off-site disposal. If the soil is found to be contaminated, it will be properly
disposed of in compliance with California environmental laws, regulations
and policies.
B. Police Department
1. A security plan must be submitted to the Police Department at the plan
check stage for approval. The plan must cover all aspects of the projects
security including security personnel, surveillance equipment, and
hardware. The project will be required to have a minimum of four state
licensed uniformed security personnel. One security officer will be
required for each building, one for the podium level and one for the
parking garage.
2. A minimum 12-inch shatterproof convex mirror shall be installed at each
stair landing. All doors leading into stairwells shall be equipped with a
minimum 5-inch by 20-inch fire rated window. The last flight of stairs shall
be fully enclosed at its base.
Exhibit "E"
Pa~ 14 of 15
7t)B-262
3. The City of Santa Ana parking structure design standards shall be
followed in its entirety. Duress alarms allowing voice communication with
security personnel shall be placed in strategic locations, approved by the
Police Department, throughout the parking garage.
4. All project walkways shall be illuminated to a minimum maintained one
footcandle of light.
5. All elevators serving the residential component of the project shall be
equipped with card readers at the garage levels to restrict unauthorized
access into the residential towers. The elevator lobbies shall be designed
and constructed of material that allows maximum visibility of the interior of
the lobby from the parking decks. Glazing material will be used to its
maximum extent.
Exhibit "E"
Pa~ 15 of 15
7~B-263
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2 of 2
758-267
Conditions for Approval for Vestina Tentative Tract Map No. 2005-02
(Countv Map No. 16621)
Vesting Tentative Tract Map No. 2005-02 (County Map No. 16621) is approved subject to
compliance, to the reasonable satisfaction of the Planning Manager, with all applicable
sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform
Fire Code, the Uniform Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this tentative tract map.
The applicant must remain in compliance with all conditions listed below throughout the life
of the tentative tract map. Failure to comply with each and every condition may result in
the revocation of the tentative tract map.
A. Plannina Division
1. Comply with all conditions and requirements from the Development Review
Committee (DRC) for the development project (DP 03-77).
2. The Covenants, Conditions and Restrictions (CC&Rs) for this project must
be reviewed and approved prior to approval of the final tract map.
3. All real estate signage must be removed from the site within one year from
the date of installation. An extension of time may be granted as
determined by the Planning Manager.
4. The final map must be approved and recorded prior to issuance of building
permits.
5. The final map and all improvements required to be made or installed by
the subdivider must be in accordance with the design standards and
specifications of the Santa Ana Municipal Code and the requirements of
the State Subdivision Map Act.
6. Development within the area of the map is subject to development and
permit fees in effect at the time of permit issuance.
7. Development within the area of the map is subject to design and
development standards in effect at the time of permit issuance.
8. Two copies of the recorded final map and CC&Rs shall be submitted each
to the Planning Division, Fire Department, Building Division, and Public
Works Agency within 10 days of recordation.
Exhibit "F"
75ti..o2~8
9. At least 90 days prior to the issuance of the final map, applicant shall
request written verification from the City of Santa Ana Public Works
Agency that sufficient water supply is available for this project.
Exhibit "F"
pa.se 2 of 2
7~B-269
Conditions for Approval for Vestina Tentative Tract Map No. 2005-03
(Countv Map No. 16622)
Vesting Tentative Tract Map No. 2005-03 (County Map No. 16622) is approved subject to
compliance, to the reasonable satisfaction of the Planning Manager, with all applicable
sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform
Fire Code, the Uniform Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this tentative tract map.
The applicant must remain in compliance with all conditions listed below throughout the life
of the tentative tract map. Failure to comply with each and every condition may result in
the revocation of the tentative tract map.
A. Plannina Division
1. Comply with all conditions and requirements from the Development Review
Committee (DRC) for the development project (DP 03-77).
2. The Covenants, Conditions and Restrictions (CC&Rs) for this project must
be reviewed and approved prior to approval of the final tract map.
3. All real estate signage must be removed from the site within one year from
the date of installation. An extension of time may be granted as
determined by the Planning Manager.
4. The final map must be approved and recorded prior to issuance of building
permits.
5. The final map and all improvements required to be made or installed by
the subdivider must be in accordance with the design standards and
specifications of the Santa Ana Municipal Code and the requirements of
the State Subdivision Map Act.
6. Development within the area of the map is subject to development and
permit fees in effect at the time of permit issuance.
7. Development within the area of the map is subject to design and
development standards in effect at the time of permit issuance.
8. Two copies of the recorded final map and CC&Rs shall be submitted each
to the Planning Division, Fire Department, Building Division, and Public
Works Agency within 10 days of recordation.
Exhibit "G"
Pa~e 1 of2
7t)B-270
9. At least 90 days prior to the issuance of the final map, applicant shall
request written verification from the City of Santa Ana Public Works
Agency that sufficient water supply is available for this project.
Exhibit "G"
P~e 2 of 2
708-271
Conditions for Approval for Vestina Tentative Tract Map No. 2005-04
(Countv Map No. 16626)
Vesting Tentative Tract Map No. 2005-04 (County Map No. 16626) is approved subject to
compliance, to the reasonable satisfaction of the Planning Manager, with all applicable
sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform
Fire Code, the Uniform Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this tentative tract map.
The applicant must remain in compliance with all conditions listed below throughout the life
of the tentative tract map. Failure to comply with each and every condition may result in
the revocation of the tentative tract map.
A. Plannina Division
1. Comply with all conditions and requirements from the Development Review
Committee (DRC) for the development project (DP 03-77).
2. The Covenants, Conditions and Restrictions (CC&Rs) for this project must
be reviewed and approved prior to approval of the final tract map.
3. All real estate signage must be removed from the site within one year from
the date of installation. An extension of time may be granted as
determined by the Planning Manager.
4. The final map must be approved and recorded prior to issuance of building
permits.
5. The final map and all improvements required to be made or installed by
the subdivider must be in accordance with the design standards and
specifications of the Santa Ana Municipal Code and the requirements of
the State Subdivision Map Act.
6. Development within the area of the map is subject to development and
permit fees in effect at the time of permit issuance.
7. Development within the area of the map is subject to design and
development standards in effect at the time of permit issuance.
8. Two copies of the recorded final map and CC&Rs shall be submitted each
to the Planning Division, Fire Department, Building Division, and Public
Works Agency within 10 days of recordation.
Exhibit "H"
PcwlfJ oi2
7 ol:j-~72
9. At least 90 days prior to the issuance of the final map, applicant shall
request written verification from the City of Santa Ana Public Works
Agency that sufficient water supply is available for this project.
Exhibit "H"
7~Et-~~3
Conditions for Approval for Variance No. 2005-05
Variance No. 2005-05 is approved subject to compliance, to the reasonable satisfaction of
the Planning Manager, with 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. In addition, it shall meet the following conditions of approval:
The applicant must comply 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 development project. Failure to comply with each and every condition may result in
the revocation of the variance.
A. Plannina Division
1. All proposed site improvements must conform with the Site Plan Review
approval of DP No. 03-79.
2. Any amendment to this variance must be submitted to the Planning
Division for review. At that time, staff will determine if administrative relief
is available or the variance must be amended.
3. A detailed landscape plan must be reviewed and approved prior to
issuance of any building permits. In addition to the landscaping palette,
the plan shall include details on the hardscape design, lighting concepts
and outdoor furniture for the retail area and private podium.
Exhibit "I"
758-274
Conditions for Approval for Variance No. 2005-07
Variance No. 2005-07 is approved subject to compliance, to the reasonable satisfaction of
the Planning Manager, with 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. In addition, it shall meet the following conditions of approval:
The applicant must comply 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 development project. Failure to comply with each and every condition may result in
the revocation of the variance.
A. Plannina Division
1. All proposed site improvements must conform with the Site Plan Review
approval of DP No. 03-79.
2. Any amendment to this variance must be submitted to the Planning
Division for review. At that time, staff will determine if administrative relief
is available or the variance must be amended.
3. A Parking Management Plan documenting how the tandem parking stalls
will function must be submitted prior to building plan check.
4. Covenants, Conditions and Restrictions (CC&Rs) that restrict truck delivery
hours to non-peak periods shall be submitted prior to building plan check.
5. Conditions, Covenants and Restrictions (CC&Rs) shall be provided for the
project. At a minimum, the CC&Rs shall include provisions pertaining to
owner occupancy, restrictions on home-based businesses, and the
prohibition of storage on balconies.
Exhibit "J"
758-275
Conditions for Approval for Variance No. 2005-10
Variance No. 2005-10 is approved subject to compliance, to the reasonable satisfaction of
the Planning Manager, with 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. In addition, it shall meet the following conditions of approval:
The applicant must comply 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 development project. Failure to comply with each and every condition may result in
the revocation of the variance.
A. Plannina Division
1. All proposed site improvements must conform with the Site Plan Review
approval of DP No. 03-80.
2. Any amendment to this variance must be submitted to the Planning
Division for review. At that time, staff will determine if administrative relief
is available or the variance must be amended.
3. A Parking Management Plan documenting how the shared and tandem
parking stalls will function must be submitted prior to building plan check.
4. Covenants, Conditions and Restrictions (CC&Rs) that restrict truck delivery
hours to non-peak periods shall be submitted prior to building plan check.
5. Signage to direct customers and guests to the adjacent parking structure
shall be provided. A directional sign plan needs to be submitted and
approved by the Planning Manager prior to issuance of a certificate of
occupancy.
Exhibit "K"
758-276
Conditions for Approval for Variance No. 2005-12
Variance No. 2005-12 is approved subject to compliance, to the reasonable satisfaction of
the Planning Manager, with 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. In addition, it shall meet the following conditions of approval:
The applicant must comply 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 development project. Failure to comply with each and every condition may result in
the revocation of the variance.
A. Plannina Division
1 . All proposed site improvements must conform with the Site Plan Review
approval of DP No. 03-77.
2. Any amendment to this variance must be submitted to the Planning
Division for review. At that time, staff will determine if administrative relief
is available or the variance must be amended.
3. A Parking Management Plan documenting how the shared and tandem
parking stalls will function must be submitted prior to building plan check.
4. Covenants, Conditions and Restrictions (CC&R's) that restrict truck delivery
hours to non-peak periods shall be submitted prior to building plan check.
5. Signage to direct customers and guests to the adjacent parking structure
shall be provided. A directional sign plan needs to be submitted and
approved by the Planning Manager prior to issuance of a certificate of
occupancy.
Exhibit "L"
758-277
CK
D
Charles, Kane & Dye LLP
June 14, 2005
REFER TO FILE NO.:
20500.001
VIA MESSENGER DELIVERY
City Council
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Attn: Patricia E. Healy, Clerk of the Council
Re: Public Hearing on Tune 20, 2004 for MacArthur Place South
Dear Ms. Healy:
On behalf of the DoubleTree Club Hotel, Orange County Airport located at 7 Hutton Centre
Drive, Santa Ana, California (" Double Tree"), enclosed please find copies of the following documents in
connection with the above-referenced project:
1. Correspondence dated April 18, 2005, May 20, 2005, and June 6, 2005, to the City of
Santa Ana; and
2.
Study").
Shared Parking Study dated May
prepared by Kaku Associates, Inc. ("Parking
As you can see from the foregoingf ()'1P Parking Study, the proposed project does not
provide adequate parking. In fact, as shown'. ~tking dy (see page 6 of the Parking Study), the
proposed project is ninety-nine (99) parking~.H~~es sho e required parking spaces after adding in
the additional twenty five (25) spaces (which should have been but was not recognized in the Parking
Study) to be provided to DoubleTree. As described in the hearing before the Planning Commission on
May 23, 2005, Hutton Centre has had significant parking shortages before the added burden of the
proposed project. For these reasons, the project should not be approved as currently proposed until the
parking issues have been resolved.
If you should have any questions regarding the enclosed, please do not hesitate to contact me.
SMK:mjc
s: \ Steve \ Doubletree \ Ltr.PHealy .06.13.05.doc
.I!l~
cc: Mr. Andy Chen
Ms. Grace Chu
Mr. Mark Pfeifer
Mr. Cory Alder
1920 Main Street, Suite 1070 · Irvine, CA 92614 · TEL: 949.852.8868 · FAX: 949.852.9878 . www.ckdcounsel.com
758-278
.
CK
'D
,-
Charles, Kane & Dye LLP
April 18, 2005
REFER TO FILE NO.:
20500.001
VIA E-MAIL (dbott@ci.santa-ana.ca.us )
& OVERNITE EXPRESS
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Attn: Mr. Dan Bott
Re: Draft Environmental Impact Report for Mac Arthur Place South
Ladies and Gentlemen:
Please be advised that this office represents the Doubletree Club Hotel/ Orange County
Airport located at 7 Hutton Centre Drive, Santa Ana, California ("Doubletree Club"). In this
regard, I have reviewed the Draft Env~~n~ IlJi);pact Report for MacArthur Place South
dated March, 2005 ("EIR"). In s ", y, the l~ is deficient because it fails to address
significant parking issues resulting fr the pr project, as more specifically described
below:
1. equf.ement that prior to the issuance of
building permits, the proposed develo .... . d " a parking plan in cooperation with the
City of Santa Ana, the importance of the parking issues created by the proposed project
demand that such parking plan be developed, discussed and approved as a part of this EIR.
Given the high density of the proposed project, the implication of a mitigation measure to
render the impacts of the parking requirements as "less than significant" cannot be determined
at this time without a parking study. Accordingly, the conclusions reached in the EIR as to
parking are wholly inadequate and lacking in merit. The parking study must be completed as
a vital component to the EIR.
2. In addition to those concerns raised by the residents in the SandPointe
community, Doubletree Club has specific recorded rights to park an additional 50 vehicles in
Hutton Centre. Copies of these recorded parking rights are attached for your review. As you
will note, these parking spaces may be relocated from time to time and must now be relocated
because of the proposed project. Given the loss of existing parking as a result of the overall
build-out of the Hutton Centre, and the increased parking demands specifically created by the
proposed project, Doubletree Club has attempted to obtain without success from the project
developers assurances as to the availability and location of its additional fifty (50) parking
spaces. The only response from the project developers has been that such parking will be
1920 Main Street, Suite 1070 · Irvine, CA 92614 · TEL: 949.852.8868 · FAX: 949.852.9878 . www.ckdcounsel.com
758-279
.
CK
"D
Charles, Kane & Dye LLP
City of Santa Ana
April 18, 2005
Page 2
available in the existing parking structure west of the Cinema Lot. As noted in the EIR, the
proposed project will require an additional 1,868 parking spaces, which are said to be
exclusive of 500 parking stalls in the existing parking structure west of the Cinema Lot and is
the same parking structure that the EIR cites as available for project use during the evenings
and weekends. As you can see, this same location is being identified as the space where the
project developers propose for Doubletree Club to park up to fifty (50) vehicles. Without the
proper analysis that other owners, tenants and guests in Hutton Centre are not also being
directed to said parking structure to satisfy parking needs, there is no assurance that adequate
parking does exist.
For the reasons set forth above, Doubletree Club must object to the EIR for its failure to
adequately consider the parking issues being created by the proposed project, especially in
light of existing demands upon the parking within Hutton Centre.
V erY~l yours,
..".....~,.................................................................................................'........
.,,:, .-,'.'
. ," .'.
.'.. il1~
..' t., eltM. Kane
SMK:mjc
SK:Doubletree/Ltr. CitySantaAna.04.18.05.doc
cc: Mr. Andy Chen (via facsimile)
Ms. Grace Chu (via facsimile)
Mr. Mark Pfeifer (via facsimile)
Ms. M. Andriette Culbertson (via facsimile)
758-280
CK
>~;cc'D
f-.'!:t.
Charles, Kane & Dye LLP
May 20,2005
REFER TO FILE NO.:
20500.001
VIA E-MAIL AND
MESSENGER DELIVERY
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Attn: Mr. Vince Fregoso
Re: MacArthur Place South
Dear Mr. Fregoso:
As a follow-up to my letter of April 18, 2005, to Mr. Dan Bott regarding the Draft
Environmental Impact Report for MacArthur Place South, and my subsequent letter of May 13,
2005, to the proposed developer of MacArthur Place South, on behalf of DoubleTree Oub
Hotel, Orange County Airport located at 7 Hutton Center Drive, Santa Ana, California
("DoubleTree"), please allow this letter . . t~oubleTree' s objection to the proposed
"..
development on the basis that the pro arrangements are inadequate, all as more
specifically described in the attached I
Despite requests by DoubleTre p. developer to address these issues, a
satisfactory response has not been f \slurther described in the attachments,
DoubleTree has a recorded parking a toiling for fifty (50) parking spaces offsite
but located within Hutton Centre. The proposed project fails to provide DoubleTree with
these fifty (50) parking spaces in a project which has existing parking problems. .
Accordingly, DoubleTree must object to the proposed project for failure to address
significant parking issues, all of which will result from the proposed project.
If you should have any questions regarding the foregoing, please do not hesitate to
contact me.
Vil~Y;;'~
~~n M. Kane
S:MK:mjc
5: \ Steve \ DoubleTree \ Ltr.VFregoso.05.20.05.doc
cc: Mr. Andy Chen
Ms. Grace Chu
Mr. Mark Pfeifer
Mr. Cory Alder
1920 Main Street, Suite 1070 · Irvine, CA 92614 · TEL: 949.852.8868 · FAX: 949.852.9878 · www.ckdcounseLcom
758-281
CK
@D
Charles, Kane & Dye LLP
June 6, 2005
REFER TO FILE NO.:
20500.001
VIA E-MAIL AND
FffiST CLASS MAIL
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Attn: Mr. Vince Fregoso
Re: MacArthur Place South
Dear Mr. Fregoso:
As a follow-up to my letters of April 18, 2005 and May 20, 2005, regarding the
Environmental Impact Report ("EIR") for MacArthur Place South on behalf of DoubleTree Club Hotel,
Orange County Airport located at 7 Hutton Center Drive, Santa Ana, California ("DoubleTree"). I have
reviewed the revised Shared Parking Study dated May, 2005 and prepared by Kaku Associates
(" Parking Study").
The Parking Study emphasizes the point that the proposed project lacks adequate parking.
First, I assume reference in the parkingE- y"lli '-'-~iott Hotel" is mistaken and meant to be
DoubleTree. Second, the recorded . king A . ent which benefits DoubleTree provides
DoubleTree with fifty (50) parking spaces, . t th n -- 've (25) spaces which is mistakenly cited in
the Parking Study. Had the Parking Study 'ed the fifty (50) spaces to be provided to
DoubleTree under the Parking Agreem 'ts 0 account, the proposed project requires
another ninety nine (99) parking spaces (s d ev with the shared parking analysis utilized
in the Parking Study, the proposed project I eighty two (82) spaces (see the summary
on Page 9). As described in the Planning Commission hearing on May 23, 2005, Hutton Centre already
has parking problems without the proposed project, which only increases the parking problems.
The failure to adequately address the insufficient parking in Hutton Centre causes the EIR to be
deficient. The proposed project should not be approved until the parking problems are resolved.
If you should have any questions regarding the foregoing, please do not hesitate to contact me.
SMK:mjc
5: \Steve\ Doubletree\ Ltr. VFregoso.06.06.05.doc
/ll ;:-~
n M. Kane
cc: Mr. Andy Chen
Ms. Grace Om
Mr. Mark Pfeifer
Mr. Cory Alder
1920 Main Street, Suite 1070 · Irvine, CA 92614 · TEL: 949.852.8868 · FAX: 949.852.9878 · www.ckdcounsel.com
758-282
This correspondence attached, the document
entitled the Shared Parking Study for the
MacArthur Place Mixed-Use Project, Santa Ana,
California May 2005," prepared by Kaku
Associates
Please see the MacArthur Place South Mixed
Use Development 1 ,9, 10 Hutton Centre Drive &
101 East Sandpointe binder, Tab "L" (Exhibit 12
- Shared Parking Study) for a copy of this
document
758-283
758-284
CA-OI04
Page 1 of 1
From: Barnard, Sheila [Sheila.Barnard@spectrasite.com]
Sent: Wednesday, June 01, 2005 8:41 AM
To: 'MEllenbecker@ci.santa-ana.ca.us'
Cc: Kelly, James
Subject: CA-0104
June 1, 2005
Spectrasite(Saddleback High School) Wireless Facility, 2810 3/4 South Flower, CUP2004-23
Dear Marvin,
We have not been able to get our plans together for the replacement monopalm and cannot be ready for the June
20th City Council meeting. Please postpone our hearing date to the July 18th City Council meeting.
Sheila Barnard
Real Estate Specialist
Spectrasite Communications, Inc.
2201 Dupont Drive, Suite 340
Irvine, CA 92612
(949) 442-6418 Office
(949) 474-7260 Fax
(949) 300-5678 Mobile
~
75C-1
75C-2
~
COUNCil/FINANCING ~
AUTHORITY /REDEV ElOPM ENT
AGENCY ACTION
REQUEST FOR
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 20, 2005
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 15t Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
~
RELOCATION OF 4TH DISTRICT
COURT OF APPEAL
FACILITY/CONSTRUCTION OF
PARKING GARAGE
" 'Li
u ()a~
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
CITY COUNCIL ACTION
1. Authorize the Ci ty Manager and Clerk of the Council to execute a
revised Purchase and Sale Agreement, and related documents, and
approve the actions necessary for the sale of approximately two acres
of Civic Center land to the California Judicial Council for
construction of a new facility to house Division Three of the
California Fourth District Court of Appeal.
2. Direct the City Attorney to prepare and authori ze the City Manager
and Clerk of the Council to execute a second amendment to the
professional services agreement with Gordon & Williams, Inc. to
provide program management service for construction of the
replacement parking garage for an approximate total project cost of
$6.0 million.
3. Adopt a resolution authorizing and directing the execution of certain
lease financing documents related to construction of the parking
garage, and authorizing and directing certain actions with respect
thereto.
SANTA ANA FINANCING AUTHORITY ACTION
Adopt a resolution authorizing and directing the execution of certain lease
financing documents related to construction of the parking garage, and
authorizing and directing certain actions with respect thereto.
JT25S-1
Fourth District Court of Appeal
June 20, 2005
Page 2
REDEVELOPMENT AGENCY ACTION
Adopt a resolution authorizing and directing the execution of
reimbursement agreement in connection with certain financing proceedings
by the City of Santa Ana and approving related documents and official
actions.
DISCUSSION
The Fourth District Court of Appeal, based in San Diego, is the intermediate
state appellate court serving Santa Ana and Orange County. Division Three of
that court was established in 1982 to provide justices and facilities to
directly serve Orange County. Since its establishment, Division Three has
been located in Santa Ana. Originally housed in a commercial office building
on Santa Ana Boulevard, the Court is currently located in a facility at 925
N. Spurgeon Street in the Midtown Area.
Division Three has now outgrown its Spurgeon Street courthouse and is
seeking a new permanent location. A county-wide search conducted by the
California Judicial Council resulted in the selection of a two acre site at
the northwest corner of Santa Ana Boulevard and Ross Street in the Santa Ana
Civic Center. (See Exhibit 1) The site is now occupied by the vacant
temporary city jail and a portion of the City Hall parking lot.
Under the terms of the proposed purchase and sale agreement, the City will
sell the site for the courthouse to the State of California for a nominal
fee. Further, the City will be responsible for the demolition of the vacant
jail facility and the preparation of the site for the State-funded
construction. The City will also construct a 300 space parking garage in
front of City Hall. This new garage will provide approximately 70 spaces
dedicated to Courthouse operations and personnel, with the balance of the
spaces designed to accommodate the parking stalls displaced by the
courthouse construction. As the agreement is one that is prepared by the
State, it is recommended that the Council approve this agreement with the
provision that non-substantive changes to the terms and conditions may be
authorized by the City Manager and the City Attorney.
In 2002, in anticipation of this project, the City Council approved a
program management agreement with the parking garage design and construction
firm of Gordon & williams. Under that agreement, Gordon & Williams 1S
responsible for designing the garage and administering demolition and
construction contracts for the project. On February 7, 2005 the City Council
approved an amendment to the agreement for a total cost of $5.21 million.
After final negotiation with State of California for the proposed Appellate
JT25S-2
Fourth District Court of Appeal
June 20, 2005
Page 3
Court, the scope and costs of the proj ect has expanded, and a second
amendment is necessary to enhance the scope of work to cover the $6.0
million in construction costs. Upon approval by the State Public Works Board
(PWB) and the State Judicial Council, Gordon & Williams, under the
supervision of the Public Works Agency, will immediately begin preparing
plans and specifications for the garage and be prepared to contract for
demolition and site clearance.
It is anticipated that the parking garage will be completed in 13 months, or
approximately October 2006. The State plans to begin construction of the
courthouse facility by early spring 2007 and move the court personnel into
their new permanent home in the Santa Ana Civic Center by Fall 2008.
The design, construction and financing of the parking garage are estimated
to cost a total of $6 million, in order to complete the financing, the firm
of Quint and Thimmig will serve as bond counsel and Northcross, Hill & Ach
will perform financial advisor services. Upon project approval by the
State, the City would seek competitive lease-purchase financing quotes in
an amount not to exceed five percent.
FISCAL IMPACT
Funds for construction of the parking garage and preparation of the
courthouse development site will be generated from the financing and
available in the capital projects account for the Civic Center Parking
Structure Project (account no. 51-012-6621, Project No. 2740).
CONCUR:
APPROVED AS TO FUNDS AND ACCOUNTS:
~t1~
~rancisco Gutierrez
0- Executive Director, Finance and
Management Services
~~~-
tric . Whi take. I
Executi e Director
Community Development Agency
JT25S-3
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EXHIBIT 1
SANTA ANA
, PW A t
, ,
-.: ..s ACOa
CITY COl..ta..
AQEN)A DAlE:
.JANJAFN 3. 2005
Title:
CIVIC CENTER PARKING STRUCTIJRE
AND 4TH DISTRICT COURT OF APPEALS
JT25S-4
RESOLUTION NO. 2005-062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING AND DIRECTING THE
EXECUTION OF CERTAIN LEASE FINANCING
DOCUMENTS AND AUTHORIZING AND DIRECTING
CERTAIN ACTIONS WITH RESPECT THERETO
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council (the "Council") of the City of Santa Ana (the "City")
hereby finds, determines and declares as follows:
A. The City proposes to finance the costs of the construction of a
parking structure on City-owned property located adjacent to the
proposed State Appellate Court Building in Santa Ana, California
(the "Improvements");
B. The City has determined to finance the Improvements by entering
into a site lease (the "Site Lease") and a lease agreement (the
"Lease Agreement") with the Santa Ana Financing Authority (the
"Authority") ;
C. The Authority intends to assign its rights under the Site Lease and
the Lease Agreement to one or more purchasers to be determined;
D. It is in the public interest and for the public benefit that the City
authorize and direct execution of the Site Lease and the Lease
Agreement with the Authority and certain other financing
documents in connection therewith; and
E. The documents below specified have been filed with the City and
the members of the Council, with the aid of its staff, shall review
said documents;
Section 2. Resolution No. 2005-020, previously adopted by the Council on
February 7, 2005, relating to the financing of the Improvements is hereby rescinded.
Section 3. The below-enumerated documents be and are hereby approved, and
the Mayor, the City Manager, the Finance Director, or the designee of any such official,
is hereby authorized and directed to execute said documents, with such changes,
insertions and omissions as may be approved by such official, and the City Clerk is
hereby authorized and directed to attest to such official's signature:
Resolution No. 2005-062
Page 1 of 3
JT25S-5
A. The Site Lease, by and between the City, as lessor, and the
Authority, as lessee, pursuant to which the City will lease certain
real property (the "Site") to the Authority;
B. The Lease Agreement, by and between the Authority, as lessor,
and the City, as lessee, pursuant to which the Authority will lease
the Site and the Improvements back to the City, in such principal
amount as shall be required to finance the Improvements, so long
as the term of the Lease Agreement does not exceed thirty years,
the total cost of the Improvements does not exceed $6,000,000
and the interest rate payable with respect to the Lease Agreement
does not exceed 5%; and
C. A reimbursement agreement, by and between the City and the
Community Redevelopment Agency of the City of Santa Ana (the
"Agency"), pursuant to which the Agency will agree to reimburse
the City for payments made by the City under the Lease
Agreement, to the extent such amounts are available.
Section 3. The firm of Northcross Hill & Ach Inc. is hereby retained as financial
advisor to the City in connection with the lease financing approve by this resolution. The
Mayor, the City Manager, the Finance Director, or the designee of any such official, is
authorized to execute a financial advisory agreement with such firm in such form as
shall be approved by the City Attorney.
Section 4. The firm of Quint & Thimmig LLP is hereby retained as bond counsel
to the City in connection with the lease financing approve by this resolution. The Mayor,
the City Manager, the Finance Director, or the designee of any such official, is
authorized to execute a financial advisory agreement with such firm in such form as
shall be approved by the City Attorney.
Section 5. The Mayor, the City Manager, the Finance Director, the City Clerk and
all other appropriate officials of the City are hereby authorized and directed to execute
such other agreements, documents and certificates as may be necessary to effect the
purposes of this resolution and the financing herein authorized.
Section 6. This Resolution shall take effect upon its adoption by this Council.
ADOPTED this 20th day of June, 2005.
Miguel A. Pulido
Mayor
Resolution No. 2005-062
Page 2 of 3
JT25S-6
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-062 to be the original resolution adopted by the City
Council of the City of Santa Ana on June 20, 2005.
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2005-062
Page 3 of 3
JT25S-7
Quint & Thimmig LLP
01/31/05
04/29/05
06/13/05
AFTER RECORDATION RETURN TO:
Quint & Thimmig LLP
One Embarcadero Center, Suite 2420
San Francisco, CA 94111-3737
Attention: Brian D. Quint, Esq.
THIS TRANSACTION REFERRED TO IN THIS MEMORANDUM IS EXEMPT FROM CALIFORNIA
DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11929 OF THE CALIFORNIA REVENUE
AND TAXATION CODE. THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO
SECTION 27383 OF THE CALIFORNIA GOVERNMENT CODE.
SITE LEASE
THIS SITE LEASE (this "Site Lease"), dated as of , 2005, is by and between the
CITY OF SANTA ANA, a municipal corporation and chartered city duly organized and
existing under and by virtue of the laws of the State of California (the "City"), as lessor, and the
SANTA ANA FINANCING AUTHORITY, a joint exercise of powers authority duly organized
and existing under and by virtue of the laws of the State of California (the" Authority"), as
lessee;
WITNESSETH:
WHEREAS, the Authority intends to assist the City in undertaking the financing of the
costs of a parking structure on City-owned property located adjacent to the proposed State
Appellate Court Building in Santa Ana, California (the "Improvements"), by leasing certain
existing real property and the Improvements to be constructed thereon to the City pursuant to a
Lease Agreement, dated as of . 2005 (the "Lease Agreement"); and
WHEREAS, the City proposes to enter into this Site Lease with the Authority as a
material consideration for the Authority's agreement to lease such real property and the
Improvements to the City;
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED, as follows:
Section 1. Definitions. Capitalized terms used, but not otherwise defined, in this Site
Lease shall have the meanings ascribed to them in the Lease Agreement.
Section 2. Site Lease. The City hereby leases to the Authority and the Authority hereby
leases from the City, on the terms and conditions hereinafter set forth, that certain parcel of real
19014.06
JT25S-8
property situated in the City of Santa Ana, Orange County, State of California, more
particularly described in Exhibit A attached hereto and made a part hereof (the "Site").
Section 3. Term. The term of this Site Lease shall commence on ,2005, and
shall end on , 20---, unless such term is extended or sooner terminated as
hereinafter provided. If, on , 20---, the aggregate amount of Lease Payments (as
defined in and as payable under the Lease Agreement) shall not have been fully paid, or
provision shall not have been made for their payment, then the term of this Site Lease shall be
extended until such Lease Payments shall be fully paid or provision made for such payment. If,
prior to , 20---, all Lease Payments shall be fully paid or provision made for such
payment in accordance with the Lease Agreement, the term of this Site Lease shall end ten (10)
days thereafter.
Section 4. Advance Rental Payment. The City agrees to lease the Site to the Authority in
consideration of the payment by the Authority of a advance rental payment of $ . The
City and the Authority agree that, by reason of the assignment of the Lease Payments to the
Assignee and the Assignee's payment to or to the order of the Authority pursuant to the
provisions of the Assignment Agreement, the advance rental payment referenced in the
preceding sentence shall be deemed to have been paid.
Section 5. Purpose. The Authority shall use the Site solely for the purpose of leasing the
Site and the Improvements to the City pursuant to the Lease Agreement and for such purposes
as may be incidental thereto; provided, however, that in the event of default by the City under the
Lease Agreement, the Authority and its assigns may exercise the remedies provided in the
Lease Agreement, including, without limitation, the right to re-lease the Site and the
Improvements to a third party for any lawful purpose.
Section 6. City's Interest in the Site. The City represents and warrants to the Authority
and its assigns that it is the owner in fee of the Site and that the Site is free and clear of all liens
and encumbrances other than Permitted Encumbrances. The Site constitutes a legal parcel and
has access to a physically open street.
Section 7. Assignments and Subleases. Unless the City shall be in default under the
Lease Agreement, the Authority may not assign its rights under this Site Lease or sublet the
Site, except to the Assignee or as otherwise provided in the Lease Agreement, without the
written consent of the City.
Section 8. Right of Entry. The City reserves the right for any of its duly authorized
representatives to enter upon the Site at any reasonable time to inspect the same or to make any
repairs, improvements or changes necessary for the preservation thereof.
Section 9. Termination. The Authority agrees, upon the termination of this Site Lease, to
quit and surrender the Site in the same good order and condition as the same were in at the
time of commencement of the term hereunder, reasonable wear and tear excepted.
Section 10. Default. In the event the Authority shall be in default in the performance of
any obligation on its part to be performed under the terms of this Site Lease, which default
continues for thirty (30) days following notice and demand for correction thereof to the
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JT25S-9
Authority, the City may exercise any and all remedies granted by law, except that no merger of
this Site Lease and of the Lease Agreement shall be deemed to occur as a result thereof.
Section 11. Quiet Enjoyment. The Authority, at all times during the term of this Site
Lease, shall peaceably and quietly have, hold and enjoy all of the Site subject to the provisions
of this Site Lease and the Lease Agreement.
Section 12. Waiver of Personal Liability. All liabilities under this Site Lease on the part of
the Authority or the Assignee are solely liabilities of the Authority or the Assignee,
respectively, and the City hereby releases each and every, member, director, officer, employee
and agent of the Authority and the Assignee of and from any personal or individual liability
under this Site Lease. No member, director, officer, employee or agent of the Authority or the
Assignee shall at any time or under any circumstances be individually or personally liable
under this Site Lease for anything done or omitted to be done by the Authority or the Assignee
hereunder.
Section 13. Taxes. All assessments of any kind or character and also all taxes, including
possessory interest taxes, levied or assessed upon the Site (including both land and
improvements) will be paid in accordance with the Lease Agreement.
Section 14. Use of the Proceeds. The City and the Authority hereby agree that the lease
to the Authority of the City's right and interest in the Site pursuant to Section 1 serves the
public purposes of the City by providing funds to enable the City to finance the Improvements.
The City hereby agrees that the proceeds of the assignment of the Lease Payments shall be used
solely for the purpose of paying the costs of financing the Improvements.
Section 15. Partial Invalidity. If anyone or more of the terms, provisions, covenants or
conditions of this Site Lease shall, to any extent, be declared invalid, unenforceable, void or
voidable for any reason whatsoever by a court of competent jurisdiction, the finding, order or
decree of which becomes final, none of the remaining terms, provisions, covenants and
conditions of this Site Lease shall be affected thereby, and each provision of this Site Lease shall
be valid and enforceable to the fullest extent permitted by law.
Section 16. Notices. All notices, statements, demands, consents, approvals,
authorizations, offers, designations, requests or other communications hereunder by either
party to the other shall be in writing and shall be sufficiently given and served upon the other
party if delivered personally or if mailed by United States registered mail, return receipt
requested, postage prepaid, and, if to the City, addressed to the City in care of the City
Manager, City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92702, or if to the Authority,
addressed to the Authority in care of the Executive Director, Santa Ana Financing Authority, 20
Civic Center Plaza, Santa Ana, CA 92702, or to such other addresses as the respective parties
may from time to time designate by notice in writing; provided, however, that the party giving
notice to the other under this Site Lease shall also give such notice to the Assignee at
, 275 Broadhollow Road, Melville, NY 11747, Attention: Jonathan
Lewis, or at such other address as the Assignee may from time to time designate by notice in
writing.
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JT25S-1 0
Section 17. Section Headings. All section headings contained herein are for convenience
of reference only and are not intended to define or limit the scope of any provision of this Site
Lease.
Section 18. Applicable Law. This Site Lease shall be governed by and construed in
accordance with the laws of the State of California.
Section 19. Execution in Counterparts. This Site Lease may be executed in any number
of counterparts, each of which shall be deemed to be an original but all together shall constitute
but one and the same instrument.
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JT25S-11
IN WITNESS WHEREOF, the City and the Authority have caused this Site Lease to be
executed by their respective officers thereunto duly authorized, all as of the day and year first
above written.
CITY OF SANTA ANA, as Lessee
By
Name
Title
Attest:
Patricia E. Healy
City Clerk
SANTA ANA FINANCING AUTHORITY,
as Lessor
By
Name
Title
Attest:
Patricia E. Healy
Secretary
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JT25S-12
[NOTARY ACKNOWLEDGMENTS TO BE ATTACHED]
JT25S-13
EXHIBIT A
DESCRIPTION OF THE SITE
All that certain real property situated in the City of Santa Ana, Orange County, State of California,
described as follows:
That portion of Blocks A, B, C, and D of the Ross Addition to Santa Ana as shown on the map filed in
Book 3, Pages 534 and 535 of Miscellaneous Records of Los Angeles County, California, together with
those portions of Fifth Street, 60 feet wide, Sixth Street, 60 feet wide, Van Ness Street, 60 feet wide, and
Parton Street, 60 feet wide, all being shown on said map of the Ross Addition to Santa Ana, as abandoned
by Resolution No. 69-27 of the City Council of the City of Santa Ana, a certified copy of which was
recorded February 19,1969 in Book 8878, Page 863 of Official Records of said Orange County, all in the
City of Santa Ana, County of Orange, State of California, described as follows:
Beginning at the intersection of the centerline of Santa Ana Boulevard (108 feet wide) with the centerline
of Ross Street (106 feet wide) as shown on Record of Survey 95-1031, filed in Book 149, Pages 49 and 50 of
Records of Survey, Records of said County; thence South 49002'03" West 248.90 feet along said centerline
of Santa Ana Boulevard; thence North 40057'57" West 54.00 feet to the northwesterly line of said Santa
Ana Boulevard and the True Point of Beginning, said northwesterly line also being the northwesterly line
of Parcell as described in Resolution No. 68-186 of the City Council of the City of Santa Ana recorded
December 18, 1968 in Book 8819, Page 934 of Official Records of said Orange County, said point being the
beginning of a curve concave northwesterly having a radius of 746.00, a radial bearing to said beginning
bears South 40057'57" East; thence southwesterly along said curve and said northwesterly line 401.75 feet
through a central angle of 30051'21"; thence leaving said northwesterly line North 0005'22" West 53.21
feet; thence North 54013'46" East 27.92 feet; thence North 0005'22" West 36.93 feet; thence South 54013'46"
West 64.85 feet to the centerline of said Parton Street (abandoned); thence North 0005'22" West 186.31 feet
along said centerline to an angle point therein; thence continuing along said centerline North 0003'00"
West 310.62 feet to the intersection with the centerline of said Sixth Street (abandoned) thence North
89058'20" East 309.89 feet to an angle point therein; thence continuing along said centerline North
89057' 41" East 246.29 feet to the westerly line of Ross Street, 106 feet wide; thence South 0037'23" East
235.48 feet along said westerly line to a curve concave northwesterly having a radius of 25.00 feet; thence
southerly and southwesterly along said curve 21.67 feet through a central angle of 49039'26" to the
northwesterly line of said Santa Ana Boulevard; thence South 49002'03" West 213.66 feet along said
northwesterly line to the True Point of Beginning.
Except that portion of said land lying easterly of the following described line:
Beginning at a point on the curved northwesterly line of said Santa Ana Boulevard having a radius of
746.00 feet, as described above, said point being an arc distance of 74.14 feet southwesterly from the
northeasterly terminus of said curve; thence North 0037'23" West 342.65 feet; thence North 89022'37" East
66.00 feet; thence North 0037'23" West 51.08 feet to a non-tangent curve concave westerly having a radius
of 33.00 feet, a radial line to said curve bears South 57047'22" East; thence northerly along said curve 19.53
feet through a central angle of 33054'20"; thence North 1041'42" West 5.71 feet to a curve concave
southeasterly having a radius of 18.00 feet; thence northerly and northeasterly along said curve 14.69 feet
through a central angle of 46044'51"; thence North 45003'09" East 11.84 feet to a point on the centerline of
said Sixth Street (abandoned).
Also except that portion of said land described as follows:
Beginning at the angle point in the centerline of Parton Street (abandoned) as described above; thence
South 0005'22" East 23.18 feet along said centerline; thence North 89058'59" East 17.31 feet to the True
Exhibit A
JT25S-14
Point of Beginning of this exception; thence continuing North 89058'59" East 136.50 feet; thence North
0001'01" West 193.00 feet; thence South 89058'59" West 136.50 feet; thence South 0001'01" East 193.00 feet
to the True Point of Beginning.
Said parcel contains 267,010 square feetj6.1297 acres, more or less.
Exhibit A
JT25S-15
Quint & Thimmig LLP
01/31/05
04/29/05
06/13/05
LEASE AGREEMENT
Dated as of , 2005
by and between the
SANTA ANA FINANCING AUTHORITY, as Lessor
and the
CITY OF SANTA ANA, as Lessee
19014.06
JT25S-16
Section 1.1.
Section 1.2.
Section 2.1.
Section 2.2.
Section 3.1.
Section 3.2.
TABLE OF CONTENTS
ARTICLE I
DEFINITIONS AND EXHIBITS
Definitions....................................................................................................................... ................ 2
Exhibits....................................................................................................................... ..................... 2
ARTICLE II
REPRESENTATIONS, COVENANTS AND WARRANTIES
Representations, Covenants and Warranties of the City .......................................................... 3
Representations, Covenants and Warranties of Authority....................................................... 3
ARTICLE III
DEPOSIT OF MONEYS; DISBURSEMENT
Deposit of Moneys......................................................................................................................... 5
Disbursement.................................................................................................................................. 5
ARTICLE IV
AGREEMENT TO LEASE; TERM OF THIS LEASE AGREEMENT; LEASE PAYMENTS
Section 4.1.
Section 4.2.
Section 4.3.
Section 4.4.
Section 4.5.
Section 4.7.
Lease .............................................................................................................................. .................. 7
Term of Agreement........................................................................................................................ 7
Possession .............................................................................................................................. ......... 7
Lease Payments.............................................................................................................................. 7
Quiet Enjoyment. ........................................................................................................................... 8
Additional Payments..................................................................................................................... 9
ARTICLE V
MAINTENANCE; TAXES; INSURANCE; USE LIMIT A TIONS; AND OTHER MATTERS
Section 5.1.
Section 5.2.
Section 5.3.
Section 5.4.
Section 5.5.
Section 5.6.
Section 5.7.
Section 5.8.
Section 5.9.
Section 5.10.
Section 5.11.
Section 5.12.
Section 5.13.
Section 5.14.
Section 5.15.
Maintenance, Utilities, Taxes and Assessments....................................................................... 10
Modification of Property............................................................................................................. 10
Public Liability and Property Damage Insurance.................................................................... 11
Fire and Extended Coverage Insurance ....................................................................................11
Rental Interruption Insurance.................................................................................................... 12
Title Insurance.............................................................................................................................. 12
Insurance Net Proceeds; Form of Policies................................................................................. 12
Advances....................................................................................................................................... 13
Installation of City's Equipment ................................................................................................13
Liens......................................................................................................................... ...................... 13
Private Activity Bond Limitation............................................................................................... 13
Federal Guarantee Prohibition................................................................................................... 13
Rebate Requirement..................................................................................................................... 13
No Arbitrage................................................................................................................................. 13
Maintenance of Tax-Exemption................................................................................................. 14
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JT25S-17
ARTICLE VI
DAMAGE, DESTRUCTION AND EMINENT DOMAIN; USE OF NET PROCEEDS
Section 6.1.
Section 6.2.
Section 6.3.
Section 7.1.
Section 7.2.
Section 7.3.
Section 8.1.
Section 8.2.
Section 8.3.
Section 9.1.
Section 9.2.
Section 9.3.
Section 9.4.
Section 9.5.
Section 9.6.
Section 9.7.
Section 9.8.
Section 10.1.
Section 10.2.
Section 11.1.
Section 11.2.
Section 11.3.
Section 11.4.
Section 11.5.
Section 11.6.
Section 11.7.
Section 11.8.
Section 11.9.
Eminent Domain.................... ...................................................................................................... 15
A pplication of Net Proceeds....................................................................................................... 15
Abatement of Lease Payments in the Event of Damage or Destruction............................... 15
ARTICLE VII
DISCLAIMER OF WARRANTIES; ACCESS; INDEMNIFICATION
Disclaimer of Warranties............................................................................................................ 17
Access to the Property................................................................................................................. 17
Release and Indemnification Covenants...................................................................................17
ARTICLE VIII
ASSIGNMENT, SUBLEASING AND AMENDMENT
Assignment by the Authority .....................................................................................................18
Assignment and Subleasing by the City ...................................................................................18
Amendment of Lease Agreement.............................................................................................. 18
ARTICLE IX
EVENTS OF DEFAULT AND REMEDIES
Events of Default Defined........................................................................................................... 21
Remedies on Default.................................................................................................................... 21
Waiver of Statutory Remedies.................................................................................................... 23
No Remedy Exclusive................................................................................................................. 23
Agreement to Pay Attorneys' Fees and Expenses ...................................................................23
No Additional Waiver Implied by One Waiver....................................................................... 23
Application of Proceeds.............................................................................................................. 23
Assignee to Exercise Rights........................................................................................................ 23
ARTICLE X
PREP A YMENT OF LEASE PAYMENTS
Prepayment Option..................................................................................................................... 25
Mandatory Prepayment From Net Proceeds of Insurance, Title Insurance or
Eminent Domain.......................................................................................................................... 25
ARTICLE XI
MISCELLANEOUS
Notices....................................................................................................................... .................... 26
Binding Effect............................................................................................................................... 26
Severability.......................................................................................................................... .........26
Net-net-net Lease......................................................................................................................... 27
Further Assurances and Corrective Instruments..................................................................... 27
Execu tion in Counterparts.......................................................................................................... 27
A pplicable Law............................................................................................................................ 27
Authority and City Representatives ................................. ......... .... ........................... .................27
Captions................................................................................................................................... ..... 27
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JT25S-18
EXHIBIT A:
EXHIBIT B:
EXHIBIT C:
EXHIBIT D:
EXHIBIT E:
DEFINITIONS
DESCRIPTION OF THE SITE
DESCRIPTION OF THE IMPROVEMENTS
LEASE PAYMENT SCHEDULE
FORM OF DISBURSEMENT CERTIFICATE
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JT25S-19
LEASE AGREEMENT
THIS LEASE AGREEMENT (the "Lease Agreement"), dated as of , 2005, is by
and between the SANTA ANA FINANCING AUTHORITY, a joint exercise of powers authority
organized and existing under the laws of the State of California, as lessor (the" Authority"), and
the CITY OF SANTA ANA, a municipal corporation and chartered city duly organized and
existing under the laws of the State of California, as lessee (the "City");
WITNESSETH:
WHEREAS, pursuant to that certain Site Lease, dated as of July 12005 (the "Site Lease"),
the City has leased those certain parcels of real property situated in the City of Santa Ana,
Orange County, State of California, more particularly described in Exhibit B attached hereto
and made a part hereof (the "Site"), to the Authority, all for the purpose of enabling the City to
finance the construction of a parking structure on the Site which is located adjacent to the
proposed State Appellate Court Building in Santa Ana, California (the "Improvements");
WHEREAS, the Authority proposes to lease the Site and the Improvements (collectively,
the "Property") back to the City pursuant to this Lease Agreement and to assign its right to
receive lease payments under this Lease Agreement (the "Lease Payments"), its right to enforce
payment of the Lease Payments and otherwise to enforce its interest and rights under this Lease
Agreement in the event of a default hereunder by the City, to , as
assignee (the" Assignee"), pursuant to that certain Assignment Agreement, dated as of July 1
2005, by and between the Authority and the Assignee; and
WHEREAS, the proceeds of the assignment of this Lease Agreement, together with
other available moneys, will be applied by the City to finance the costs of the Improvements;
JT25S-20
ARTICLE I
DEFINITIONS AND EXHIBITS
Section 1.1. Definitions. The terms defined in Exhibit A attached hereto and by this
reference incorporated herein, as used and capitalized herein, shall, for all purposes of this
Lease Agreement, have the meanings ascribed to them in said Exhibit A unless the context
clearly requires some other meaning.
Section 1.2. Exhibits. The following exhibits are attached to, and by this reference made
a part of, this Lease Agreement:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Definitions
Description of the Site
Description of the Improvements
The schedule of Lease Payments to be paid by the City hereunder with
respect to the Property, showing the Lease Payment Date and amount of
each such Lease Payment
Form of Disbursement Certificate
Exhibit E:
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JT25S-21
ARTICLE II
REPRESENT A TIONS, COVENANTS AND WARRANTIES
Section 2.1. Representations, Covenants and Warranties of the City. The City represents,
covenants and warrants to the Authority and the Assignee as follows:
(a) Due Organization and Existence. The City is a municipal corporation and chartered
city, duly organized and existing under the laws of the State.
(b) Authorization. The laws of the State authorize the City to enter into the Site Lease and
this Lease Agreement and to enter into the transactions contemplated by and to carry out its
obligations under all of the aforesaid agreements; the City has duly authorized and executed all
of the aforesaid agreements and such agreements constitute the legal, valid and binding
agreements of the City, enforceable against the City in accordance with their respective terms.
All procedures and requirements, including any legal bidding requirements, have been
met by the City prior to the execution of this Lease Agreement in order to insure the
enforceability of this Lease Agreement, and all Lease Payments and other payment obligations
will be paid out of funds legally available for such purpose.
The governing body of the City has complied with all applicable open public meeting
and notice laws and requirements with respect to the meeting at which the City's execution of
this Lease Agreement was authorized.
(c) No Violations. Neither the execution and delivery of the Site Lease or this Lease
Agreement, nor the fulfillment of or compliance with the terms and conditions hereof or
thereof, nor the consummation of the transactions contemplated hereby or thereby, conflicts
with or results in a breach of the terms, conditions or provisions of any restriction, agreement
or instrument to which the City is now a party or by which the City is bound, constitutes a
default under any of the foregoing, or results in the creation or imposition of any lien, charge or
encumbrances whatsoever upon any of the property or assets of the City, or upon the Property,
except Permitted Encumbrances.
(d) Execution and Delivery. The City has duly authorized and executed this Lease
Agreement in accordance with the laws of the State.
(e) Essential Nature of Property. The Property is essential to the City's operations.
(f) Use of the Property. The City will use the Property for the purpose of performing one
or more governmental or proprietary functions of the City consistent with the permissible
scope of the City's authority.
(g) Value of the Property. The value of the Property is approximately $12,000,000.
Section 2.2. Representations, Covenants and Warranties of Authority. The Authority
represents, covenants and warrants to the Assignee and the City as follows:
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JT25S-22
(a) Due Organization and Existence. The Authority is a joint exercise of powers authority,
duly organized and existing under and by virtue of the laws of the State; has power to enter
into the Site Lease, this Lease Agreement and the Assignment Agreement; is possessed of full
power to own and hold, improve and equip real and personal property and to lease and sell the
same; has duly authorized the execution and delivery of all of the aforesaid agreements and
such agreements constitute the legal, valid and binding agreements of the Authority,
enforceable against the Authority in accordance with their respective terms.
(b) No Encumbrances. The Authority will not pledge the Lease Payments or other
amounts derived from the Property and from its other rights under this Lease Agreement and
will not mortgage or encumber the Property, except as provided under the terms of this Lease
Agreement.
(c) No Violations. Neither the execution and delivery of the Site Lease, this Lease
Agreement or the Assignment Agreement, the fulfillment of or compliance with the terms and
conditions hereof or thereof, nor the consummation of the transactions contemplated hereby or
thereby, conflicts with or results in a breach of the terms, conditions or provisions of any
restriction or any agreement or instrument to which the Authority is now a party or by which
the Authority is bound, constitutes a default under any of the foregoing, or results in the
creation or imposition of any lien, charge or encumbrance whatsoever upon any of the property
or assets of the Authority, or upon the Property, except Permitted Encumbrances.
(d) No Assignments. Except for its assignment to the Assignee or as otherwise provided
herein, the Authority will not assign this Lease Agreement, its right to receive Lease Payments
from the City or its duties and obligations hereunder to any other person, firm or corporation
so as to impair or violate the representations, covenants and warranties contained in this
Section 2.2.
(e) Execution and Delivery. The Authority has duly authorized and executed this Lease
Agreement in accordance with the laws of the State.
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JT25S-23
ARTICLE III
DEPOSIT OF MONEYS; DISBURSEMENT
Section 3.1. Deposit of Moneys. On the Closing Date, the Authority shall cause the
Assignee to transfer the amount of $ to or to the order of the Authority. [Upon receipt
of such amounts, the Authority will (a) transfer the amount of $ to or to the order of the
City (the "Funding Amount") for the payment or reimbursement for the payment of the
Improvements, (b) transfer the amount of $ to Quint & Thimmig LLP, for bond counsel
services, and (c) transfer the amount of $ to Northcross Hill & Ach LLC, for financial
advisory services.]
Section 3.2. Disbursement.
(a) The City agrees to establish, on or prior to the Closing Date, an account with the
State of California Local Agency Investment Fund which accounts shall be used solely for the
payment of costs of the Improvements and for no other purpose, the "Improvement Account."
On or prior to the Business Day following the Closing Date, the Funding Amount shall be
deposited in the Improvement Account. Evidence of such deposit shall be provided by the City
to the Assignee.
(b) At least five Business days before any withdrawal by the City from the Improvement
Account shall be made, the City shall file with the Assignee a disbursement certificate,
substantially in the form attached hereto as Exhibit E, stating:
(i) the name of the payee or payees to whom each such payment is due, which
may be the City in the case of reimbursement for costs theretofore paid by the City;
(ii) if such disbursement is for reimbursement to the City, evidence of prior
payment;
(iii) the respective amounts to be paid;
(iv) the purpose for which each obligation to be paid was incurred;
(v) that obligations in the stated amounts have been incurred by the City and are
presently due and payable and that each item thereof is a proper charge against the
Improvement Account, and has not been previously paid therefrom;
(vi) that there has not been filed with or served upon the City notice of any lien,
right to lien or attachment upon, or claim affecting the right to receive payment of, any
of the amounts payable to any of the persons named in such requisition, which has not
been released or will not be released simultaneously with the payment of such
obligation, other than materialmen's or mechanics' liens accruing by mere operation of
law;
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JT25S-24
(vii) that the component of the Improvements for which such payment relates is
satisfactory to the City, and
(viii) that the balance remaining in the Improvement Account after payment of
such amounts, together with any investment income reasonably anticipated to be
deposited in the Improvement Account and any other funds reasonably anticipated to
be available therefor, will be sufficient to pay the costs of the Improvements.
Upon receipt of each such document, the Assignee shall provide its approval of such
payment by countersigning such document and transmitting it back to the City.
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JT25S-25
ARTICLE IV
AGREEMENT TO LEASE; TERM OF THIS LEASE AGREEMENT; LEASE PAYMENTS
Section 4.1. Lease. The Authority hereby leases the Property to the City, and the City
hereby leases the Property from the Authority, upon the terms and conditions set forth in this
Lease Agreement.
Section 4.2. Term of Agreement. The Term of the Lease Agreement shall commence on
the date hereof, and shall end on , 20-, unless such term is extended as
hereinafter provided. If, on , 20-, the Lease Payments payable hereunder shall
have been abated at any time and for any reason, or if an Event of Default shall have occurred
under this Lease Agreement and, as a result, any obligation under this Lease Agreement
remains unpaid, then the Term of the Lease Agreement shall be extended until there has been
deposited with the Assignee an amount sufficient to pay all obligations due under the Lease
Agreement, but in no event shall the Term of the Lease Agreement extend beyond March 1,
2040.
Section 4.3. Possession. The City hereby agrees to accept and take possession of the
Property on or prior to the date hereof. The first Lease Payment shall be due on September
1,2006.
Section 4.4. Lease Payments.
(a) Obligation to Pay. Subject to the provisions of Articles VI and X hereof, the City agrees
to pay to the Authority, its successors and assigns, as rental for the beneficial use and
occupancy of the Property during each Rental Period, the Lease Payments (denominated into
components of principal and interest) in the respective amounts specified in Exhibit D hereto,
to be due and payable on the respective Lease Payment Dates specified in Exhibit D hereto.
Notwithstanding any dispute between the City, the Authority or any other party, the City will
make all Lease Payments when due, without withholding any portion of such rent, pending
final resolution of such dispute by mutual agreement between the parties thereto or by a court
of competent jurisdiction.
(b) Effect of Prepayment. In the event that the City prepays all remaining Lease Payments
in full pursuant to Article X hereof, the City's obligations under this Lease Agreement shall
thereupon cease and terminate including, but not limited to, the City's obligation to pay Lease
Payments under this Section 4.4.
(c) Rate on Overdue Payments. In the event the City should fail to make any of the
payments required in this Section 4.4, the payment in default shall continue as an obligation of
the City until the amount in default shall have been fully paid, and the City agrees to pay the
same with interest thereon, to the extent permitted by law, from the date of such default to the
date of payment at the rate of twelve percent (12%) per annum.
(d) Fair Rental Value. The Lease Payments for the Property for each Rental Period shall
constitute the total rental for the Property for each such Rental Period and shall be paid by the
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City in each Rental Period for and in consideration of the right of the use and occupancy, and
the continued quiet use and enjoyment, of the Property during each Rental Period. The parties
hereto have agreed and determined that the total Lease Payments for the Property do not
exceed the fair rental value of the Property. In making such determination, consideration has
been given to the obligations of the parties under this Lease Agreement, the uses and purposes
which may be served by the Property, the total amounts which have been expended on the
Property, the value of the Property and the benefits therefrom which will accrue to the City and
the general public.
(e) Source of Payments; Budget and Appropriation. Lease Payments shall be payable from
any source of available funds of the City, subject to the provisions of Articles VI and X hereof.
The City covenants to take such action as may be necessary to include all Lease
Payments due hereunder in each of its budgets during the Term of the Lease Agreement and to
make the necessary annual appropriations for all such Lease Payments. The covenants on the
part of the City herein contained shall be deemed to be and shall be construed to be duties
imposed by law and it shall be the duty of each and every public official of the City to take such
action and do such things as are required by law in the performance of the official duty of such
officials to enable the City to carry out and perform the covenants and agreements in this Lease
Agreement agreed to be carried out and performed by the City.
(f) Assignment. The City understands and agrees that all Lease Payments have been
assigned by the Authority to the Assignee pursuant to the Assignment Agreement, and the City
hereby assents to such assignment. The Authority hereby directs the City, and the City hereby
agrees to pay to the Assignee at the following address, all payments payable by the City
pursuant to this Section 4.4 and all amounts payable by the City pursuant to Article X hereof, in
the respective amounts for each Assignee as set forth in Exhibit D hereof:
275 Broadhollow Road
Melville, NY 11747
Attention: Jonathan Lewis
Wire Information: [TO COME]
or such other account as shall be provided to the City by the Assignee upon request
In addition, all references herein to the Authority, when the context implies the
Assignee, shall be assumed to also refer to the Assignee, even if not specifically so indicated.
Section 4.5. Quiet Enjoyment. During the Term of the Lease Agreement, the Authority
shall provide the City with quiet use and enjoyment of the Property and the City shall, during
such Term, peaceably and quietly have and hold and enjoy the Property without suit, trouble or
hindrance from the Authority, except as expressly set forth in this Lease Agreement. The
Authority will, at the request of the City and at the City's cost, join in any legal action in which
the City asserts its right to such possession and enjoyment to the extent the Authority may
lawfully do so. Notwithstanding the foregoing, the Authority shall have the right to inspect the
Property as provided in Section 7.2 hereof.
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Section 4.6. Additional Payments. In addition to the Lease Payments, the City shall pay
when due all costs and expenses incurred by the City and the Authority to comply with the
provisions of this Lease Agreement, or otherwise arising from the leasing of the Property,
compensation and indemnification due to the Authority and the Assignee, and all costs and
expenses of auditors, engineers, attorneys and accountants.
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ARTICLE V
MAINTENANCE; TAXES; INSURANCE; USE LIMITATIONS; AND OTHER MATTERS
Section 5.1. Maintenance, Utilities, Taxes and Assessments. Throughout the Term of the
Lease Agreement, as part of the consideration for the rental of the Property, all improvement,
repair and maintenance of the Property shall be the responsibility of the City and the City shall
pay, or otherwise arrange for the payment of, all utility services supplied to the Property which
may include, without limitation, janitor service, security, power, gas, telephone, light, heating,
water and all other utility services, and shall pay for or otherwise arrange for the payment of
the cost of the repair and replacement of the Property resulting from ordinary wear and tear or
want of care on the part of the City or any assignee or sublessee thereof. In exchange for the
Lease Payments herein provided, the Authority agrees to provide only the Property, as
hereinbefore more specifically set forth. The City waives the benefits of subsections 1 and 2 of
section 1932 of the California Civil Code, but such waiver shall not limit any of the rights of the
City under the terms of this Lease Agreement.
The City shall also pay or cause to be paid all taxes and assessments of any type or
nature, if any, charged to the Authority or the City affecting the Property or the respective
interests or estates therein; provided that with respect to special assessments or other
governmental charges that may lawfully be paid in installments over a period of years, the City
shall be obligated to pay only such installments as are required to be paid during the Term of
the Lease Agreement as and when the same become due.
The City may, at the City's expense and in its name, in good faith contest any such
taxes, assessments, utility and other charges and, in the event of any such contest, may permit
the taxes, assessments or other charges so contested to remain unpaid during the period of such
contest and any appeal therefrom unless the Authority shall notify the City that, in the opinion
of Independent Counsel, by nonpayment of any such items, the interest of the Authority in the
Property will be materially endangered or the Property or any part thereof will be subject to
loss or forfeiture, in which event the City shall promptly pay such taxes, assessments or charges
or provide the Authority with full security against any loss which may result from
nonpayment, in form satisfactory to the Authority.
Section 5.2. Modification of Property. The City shall, at its own expense, have the right
to remodel the Property or to make additions, modifications and improvements to the Property.
All additions, modifications and improvements to the Property, but not any additional
buildings or improvements, shall thereafter comprise part of the Property and be subject to the
provisions of this Lease Agreement. Such additions, modifications and improvements shall not
in any way damage the Property, substantially alter its nature, cause the interest component of
Lease Payments to be subject to federal income taxes or cause the Property to be used for
purposes other than those authorized under the provisions of State and federal law; and the
Property, upon completion of any additions, modifications and improvements made thereto
pursuant to this Section 5.2 (but excluding any additional buildings or improvements that do
not comprise part of the Property), shall be of a value which is not substantially less than the
value of the Property immediately prior to the making of such additions, modifications and
improvements. The City will not permit any mechanic's or other lien to be established or
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remain against the Property for labor or materials furnished in connection with any
remodeling, additions, modifications, improvements, repairs, renewals or replacements made
by the City pursuant to this Section 5.2; provided that if any such lien is established and the
City shall first notify the Authority of the City's intention to do so, the City may in good faith
contest any lien filed or established against the Property, and in such event may permit the
items so contested to remain undischarged and unsatisfied during the period of such contest
and any appeal therefrom and shall provide the Authority with full security against any loss or
forfeiture which might arise from the nonpayment of any such item, in form satisfactory to the
Authority. The Authority will cooperate fully in any such contest, upon the request and at the
expense of the City.
Section 5.3. Public Liability and Property Damage Insurance. The City shall maintain or
cause to be maintained, throughout the Term of the Lease Agreement, insurance policies,
including a standard comprehensive general insurance policy or policies in protection of the
Authority, the City and the Assignee and their respective members, officers, agents and
employees. Such liability insurance may be maintained as part of or in conjunction with any
other liability insurance coverage carried by the City, and may be maintained through a joint
exercise of powers authority created for such purpose or in the form of self-insurance by the
City. Said policy or policies shall provide for indemnification of said parties against direct or
consequential loss or liability for damages for bodily and personal injury, death or property
damage occasioned by reason of the operation of the Property. Said policy or policies shall
provide coverage in the minimum liability limits of $1,000,000 for personal injury or death of
each person and $3,000,000 for personal injury or deaths of two or more persons in each
accident or event, and in a minimum amount of $150,000 for damage to property resulting from
each accident or event. Such public liability and property damage insurance may, however, be
in the form of a single limit policy in the amount of $3,000,000 covering all such risks.
Deductibles, if any, shall be in such amounts as may reasonably be obtained by a city in
California of comparable size to the City, insuring risks comparable to those that are the subject
of said insurance coverage, but shall in no circumstance be in excess of amounts that would be
reasonable in the exercise of prudence and good judgment by the City. The proceeds of such
liability insurance shall be applied toward extinguishment or satisfaction of the liability with
respect to which the proceeds of such insurance shall have been paid.
Section 5.4. Fire and Extended Coverage Insurance. The City shall procure and
maintain, or cause to be procured and maintained, throughout the Term of the Lease
Agreement, insurance against loss or damage to any structures constituting part of the Property
by fire and lightning, with extended coverage and vandalism and malicious mischief insurance,
with the Authority and the Assignee named as loss payees. Said extended coverage insurance
shall, as nearly as practicable, cover loss or damage by explosion, windstorm, riot, aircraft,
vehicle damage, smoke and such other hazards as are normally covered by such insurance.
Such insurance shall be in an amount equal to one hundred percent (100%) of the replacement
cost of such structures. Such insurance may be subject to deductible clauses of not to exceed
$100,000 for anyone loss. Such insurance may be maintained as part of or in conjunction with
any other fire and extended coverage insurance carried by the City and may be maintained in
whole or in part in the form of insurance maintained through a joint exercise of powers
authority created for such purpose or in the form of self-insurance by the City. The Net
Proceeds of such insurance shall be applied as provided in Sections 5.6 and 6.2(a) hereof.
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Section 5.5. Rental Interruption Insurance. The City shall procure and maintain, or cause
to be maintained, throughout the Term of the Lease Agreement, rental interruption insurance to
cover loss, total or partial, of the use of any part of the Property during the Term of the Lease
Agreement as a result of any of the hazards covered in the insurance required by Section 5.4
hereof, with the Authority and the Assignee named as additional insureds, in an amount at
least equal to the maximum amount of Lease Payments payable in anyone year period in the
case of equipment, and otherwise in any two year period. Such insurance may be carried in
conjunction with, and may be subject to the same provisions as, the insurance required under
Section 5.4. The City hereby assigns to the Authority all right of the City, if any, to collect and
receive Net Proceeds under any of said policies, which right has been assigned by the
Authority to the Assignee pursuant to the Assignment Agreement. The Net Proceeds of such
insurance shall be paid to the Assignee and shall be credited towards the payment of the Lease
Payments in the order in which such Lease Payments come due and payable.
Section 5.6. Title Insurance.
(a) The City shall provide, on the Closing Date, an ALTA title insurance policy covering,
and in the amount of not less than the principal amount of the Lease Agreement, insuring the
City's leasehold estate in the Property, subject only to Permitted Encumbrances. A copy of such
policy shall be delivered to the Assignee.
(b) The Net Proceeds of such title insurance shall be applied as provided in Section
6.2(c) hereof.
Section 5.7. Insurance Net Proceeds; Form of Policies. In the event that the City is not
self-insured as hereinafter provided, the City, at its expense, shall throughout the term of this
Lease Agreement keep the Property insured against theft, fire, collision (in the case of vehicles)
and such other risks as may be customary for each item of Property in the amounts and for the
coverage set forth in this Lease Agreement, with carriers acceptable to the Authority, under a
policy or policies containing a loss payable endorsement in favor of the Authority and the
Assignee, and affording to the Authority such additional protection as the Authority shall
reasonably require. The City shall further, at its expense, maintain in effect throughout the term
of this Lease Agreement a policy or policies of comprehensive public liability and property
damage insurance in the amounts and for the coverage set forth in this Lease Agreement, with
carriers satisfactory to the Authority. Such insurance may be maintained as part of or in
conjunction with any other insurance carried by the City and may be maintained in whole or in
part through a joint exercise of powers authority created for such purpose. The policies
required hereby shall provide that they may not be canceled or materially altered without at
least 30 days prior written notice to the Authority and the Assignee. The City shall deliver to
the Authority and the Assignee copies or other evidence satisfactory to the Authority or the
Assignee, as applicable, of each insurance policy and each renewal thereof. Failure by the
Authority or the Assignee to request evidence of such insurance policies or renewals, or
otherwise to verify the existence of such insurance, shall not constitute a waiver of the
requirements hereof. The Authority, the Assignee and the City shall jointly make claim for,
receive payment of and execute and endorse all documents, checks or drafts received in
payment for loss or damage under said insurance policies.
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Section 5.8. Advances. If the City shall fail to perform any of its obligations under this
Article V, the Authority or the Assignee may, but shall not be obligated to, take such action as
may be necessary to cure such failure, including the advancement of money, and the City shall
be obligated to repay all such advances as soon as possible, with interest at the rate of twelve
percent (12 %) per annum from the date of the advance to the date of repayment.
Section 5.9. Installation of City's Equipment. The City may, at any time and from time to
time in its sole discretion and at its own expense, install or permit to be installed items of
equipment or other personal property in or upon any portion of the Property. All such items
shall remain the sole property of the City in which neither the Authority nor the Assignee shall
have any interest and may be modified or removed by the City at any time provided that the
City shall repair and restore any and all damage to the Property resulting from the installation,
modification or removal of any such items. Nothing in this Lease Agreement shall prevent the
City from purchasing or leasing items to be installed pursuant to this Section 5.9 under a lease
or conditional sale agreement, or subject to a vendor's lien or security agreement, as security for
the unpaid portion of the purchase price thereof, provided that no such lien or security interest
shall attach to any part of the Property.
Section 5.10. Liens. The City shall not, directly or indirectly, create, incur, assume or
suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to
the Property, other than the respective rights of the Authority and the City as provided herein
and Permitted Encumbrances. Except as expressly provided in this Article V, the City shall
promptly, at its own expense, take such action as may be necessary to duly discharge or remove
any such mortgage, pledge, lien, charge, encumbrance or claim, for which it is responsible, if
the same shall arise at any time. The City shall reimburse the Authority for any expense
incurred by it in order to discharge or remove any such mortgage, pledge, lien, charge,
encumbrance or claim.
Section 5.11. Private Activity Bond Limitation. The City shall assure that proceeds of the
Lease Agreement are not so used as to cause the Lease Agreement to satisfy the private
business tests of section 141(b) of the Code or the private loan financing test of section 141(c) of
the Code.
Section 5.12. Federal Guarantee Prohibition. The City shall not take any action or permit
or suffer any action to be taken if the result of the same would be to cause the Lease Agreement
to be "federally guaranteed" within the meaning of section 149(b) of the Code.
Section 5.13. Rebate Requirement. The City shall take any and all actions necessary to
assure compliance with section 148(f) of the Code, relating to the rebate of excess investment
earnings, if any, to the federal government, to the extent that such section is applicable to the
Lease Agreement.
Section 5.14. No Arbitrage. The City shall not take, or permit or suffer to be taken, any
action with respect to the proceeds of the Lease Agreement which, if such action had been
reasonably expected to have been taken, or had been deliberately and intentionally taken, on
the effective date of the Lease Agreement, would have caused the Lease Agreement to be
"arbitrage bonds" within the meaning of section 148 of the Code.
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Section 5.15. Maintenance of Tax-Exemption. The City shall take all actions necessary to
assure the exclusion of interest with respect to the Lease Agreement from the gross income to
the same extent as such interest is permitted to be excluded from gross income under the Code
as in effect on the effective date of the Lease Agreement.
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ARTICLE VI
DAMAGE, DESTRUCTION AND EMINENT DOMAIN; USE OF NET PROCEEDS
Section 6.1. Eminent Domain. If all of the Property shall be taken permanently under the
power of eminent domain or sold to a government threatening to exercise the power of eminent
domain, the Term of this Lease Agreement shall cease as of the day possession shall be so
taken. If less than all of the Property shall be taken permanently, or if all of the Property or any
part thereof shall be taken temporarily under the power of eminent domain, (1) this Lease
Agreement shall continue in full force and effect and shall not be terminated by virtue of such
taking and the parties waive the benefit of any law to the contrary, and (2) there shall be a
partial abatement of Lease Payments as a result of the application of the Net Proceeds of any
eminent domain award to the prepayment of the Lease Payments hereunder, in an amount to
be agreed upon by the City and the Authority, and so certified by such parties to the Assignee,
such that the resulting Lease Payments represent fair consideration for the use and occupancy
of the remaining usable portion of the Property.
Section 6.2. Application of Net Proceeds.
(a) From Insurance Award. The Net Proceeds of any insurance award resulting from any
damage to or destruction of any portion of the Property by fire or other casualty shall be paid
by the City to the Assignee, as assignee of the Authority under the Assignment Agreement, and
applied to the prepayment of Lease Payments as described in Section 10.2 hereof.
(b) From Eminent Domain Award. The Net Proceeds of any eminent domain award
resulting from any event described in Section 6.1 hereof shall be paid by the City to the
Assignee, as assignee of the Authority under the Assignment Agreement, and applied to the
prepayment of Lease Payments as described in Section 10.2 hereof.
(c) From Title Insurance. The Net Proceeds of any title insurance award shall be paid by
the City to the Assignee, as assignee of the Authority under the Assignment Agreement, and
applied to the prepayment of Lease Payments as described in Section 10.2 hereof.
Section 6.3. Abatement of Lease Payments in the Event of Damage or Destruction. Lease
Payments shall be abated during any period in which, by reason of damage or destruction,
there is substantial interference with the use and occupancy by the City of the Property or any
portion thereof (other than any additional buildings or improvements that do not comprise part
of the Property as described in Section 5.2 hereof) to the extent to be agreed upon by the City
and the Authority. The parties agree that the amounts of the Lease Payments under such
circumstances shall not be less than the amounts of the unpaid Lease Payments as are then set
forth in Exhibit D, unless such unpaid amounts are determined to be greater than the fair rental
value of the portions of the Property not damaged or destroyed (giving due consideration to
the factors identified in the last sentence of Section 4.4(d)), based upon the opinion of an MAl
appraiser with expertise in valuing such properties or other appropriate method of valuation,
in which event the Lease Payments shall be abated such that they represent said fair rental
value. Such abatement shall continue for the period commencing with such damage or
destruction and ending with the substantial completion of the work of repair or reconstruction.
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In the event of any such damage or destruction, this Lease Agreement shall continue in full
force and effect and the City waives any right to terminate this Lease Agreement by virtue of
any such damage and destruction. Notwithstanding the foregoing, there shall be no abatement
of Lease Payments under this Section 6.3 to the extent that the proceeds of rental interruption
insurance are available to pay Lease Payments which would otherwise be abated under this
Section 6.3, it being hereby declared that such proceeds and amounts constitute special funds
for the payment of the Lease Payments.
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ARTICLE VII
DISCLAIMER OF WARRANTIES; ACCESS; INDEMNIFICATION
Section 7.1. Disclaimer of Warranties. NEITHER THE AUTHORITY NOR ITS ASSIGNS
MAKES ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO
THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY THE CITY OF
THE PROPERTY OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO
THE PROPERTY. IN NO EVENT SHALL THE AUTHORITY OR ITS ASSIGNS BE LIABLE FOR
INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION
WITH OR ARISING OUT OF THE SITE AND FACILITY LEASE OR THIS LEASE
AGREEMENT FOR THE EXISTENCE, FURNISHING, FUNCTIONING OR THE CITY'S USE
OF THE PROPERTY.
Section 7.2. Access to the Property. The City agrees that the Authority and any
Authority Representative, and the Authority's successors or assigns (including the Assignee),
shall have the right at all reasonable times to enter upon and to examine and inspect the
Property. The City further agrees that the Authority, any Authority Representative, and the
Authority's successors or assigns (including the Assignee) shall have such rights of access to
the Property as may be reasonably necessary to cause the proper maintenance of the Property
in the event of failure by the City to perform its obligations hereunder.
Section 7.3. Release and Indemnification Covenants. The City shall and hereby agrees to
indemnify and save the Authority, the Assignee and their respective officers, agents, successors
and assigns harmless from and against all claims, losses and damages, including legal fees and
expenses, arising out of or from (i) the use, maintenance, condition or management of any work
or thing done on the Property by the City, (ii) any breach or default on the part of the City in
the performance of any of its obligations under this Lease Agreement, (iii) any act or omission
of the City or of any of its agents, contractors, servants, employees or licensees with respect to
the Property, (iv) any act or omission of any sublessee of the City with respect to the Property,
or (v) the payment of costs of the Property. No indemnification is made under this Section 7.3
or elsewhere in this Lease Agreement for willful misconduct, negligence or breach of duty
under this Lease Agreement by the party seeking indemnity or any of its officers, agents or
employees.
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ARTICLE VIII
ASSIGNMENT, SUBLEASING AND AMENDMENT
Section 8.1. Assignment by the Authority. The Authority's rights under this Lease
Agreement, including the right to receive and enforce payment of the Lease Payments to be
made by the City under this Lease Agreement, have been assigned to the Assignee, pursuant to
the Assignment Agreement and the City hereby consents to such assignment.
Section 8.2. Assignment and Subleasing by the City. This Lease Agreement may not be
assigned by the City. The City may not sublease the Property or any portion thereof.
Section 8.3. Amendment of Lease Agreement.
(a) Substitution of Site or Improvements. The City shall have, and is hereby granted, the
option at any time and from time to time during the Term of the Lease Agreement to substitute
other land (a "Substitute Site") and/or a substitute facility or substitute Improvements (a
"Substitute Improvements") for the Site (the "Former Site"), or a portion thereof, and/ or the
Improvements (the "Former Improvements"), or a portion thereof, provided that the City shall
satisfy all of the following requirements (to the extent applicable) which are hereby declared to
be conditions precedent to such substitution:
(i) If a substitution of the Site, the City shall file with the Authority and the
Assignee an amended Exhibit A to the Site Lease which adds thereto a description of
such Substitute Site and deletes therefrom the description of the Former Site;
(ii) If a substitution of the Site, the City shall file with the Authority and the
Assignee an amended Exhibit B to this Lease Agreement which adds thereto a
description of such Substitute Site and deletes therefrom the description of the Former
Site;
(iii) If a substitution of the Improvements, the City shall file with the Authority
and the Assignee an amended Exhibit B to the Site Lease which adds thereto a
description of such Substitute Improvements and deletes therefrom the description of
the Former Improvements;
(iv) If a substitution of the Improvements, the City shall file with the Authority
and the Assignee an amended Exhibit C to this Lease Agreement which adds thereto a
description of such Substitute Improvements and deletes therefrom the description of
the Former Improvements;
(v) The City shall certify in writing to the Authority and the Assignee that such
Substitute Site and/or Substitute Improvements serve the purposes of the City,
constitutes property that is unencumbered, subject to Permitted Encumbrances, it is a
legal parcel, has access to a physically open street and constitutes property which the
City is permitted to lease under the laws of the State;
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(vi) The City delivers to the Assignee and the Authority evidence that the
Substitute Site and/ or Substitute Improvements are of equal or greater value than the
Former Site and Former Improvements;
(vii) The Substitute Site and/ or Substitute Improvements shall not cause the City
to violate any of its covenants, representations and warranties made herein;
(viii) The City shall obtain an amendment to the title insurance policy required
pursuant to Section 5.6 hereof which adds thereto a description of the Substitute Site
and deletes therefrom the description of the Former Site;
(ix) The City shall certify that the Substitute Site and/ or the Substitute
Improvements is of the same or greater essentiality to the City as was the Former Site
and/ or the Former Improvements;
(x) The City shall have received the prior written consent of the Assignee to such
substitution; and
(xi) The City shall furnish the Authority and the Assignee with a written opinion
of nationally-recognized bond counsel, which shall be an Independent Counsel, stating
that such substitution does not cause the interest components of the Lease Payments to
become subject to federal income taxes or State personal income taxes.
(b) Release of Site. The City shall have, and is hereby granted, the option at any time and
from time to time during the Term of the Lease Agreement to release any portion of the Site,
provided that the City shall satisfy all of the following requirements which are hereby declared
to be conditions precedent to such release:
(i) The City shall file with the Authority and the Assignee an amended Exhibit A
to the Site Lease which describes the Site, as revised by such release;
(ii) The City shall file with the Authority and the Assignee an amended Exhibit B
to this Lease Agreement which describes the Site, as revised by such release;
(iii) The City delivers to the Assignee and the Authority evidence that the Site, as
revised by such release, is a legal parcel, has access to a physically open street and is of a
value at least equal to the value of the Site as of the Oosing Date;
(iv) Such release shall not cause the City to violate any of its covenants,
representations and warranties made herein;
(v) The City shall obtain an amendment to the title insurance policy required
pursuant to Section 5.6 hereof which describes the Site, as revised by such release; and
(vi) The City shall have received the prior written consent of the Assignee to
such release; and
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(b) Generally. Neither the City nor the Authority will alter, modify or cancel, or agree or
consent to alter, modify or cancel this Lease Agreement, except in connection with a
substitution or release permitted by this Section 8.3 or upon their mutual consent with the prior
written consent of the Assignee.
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ARTICLE IX
EVENTS OF DEFAULT AND REMEDIES
Section 9.1. Events of Default Defined. The following shall be "Events of Default" under
this Lease Agreement and the terms "Events of Default" and "Default" shall mean, whenever
they are used in this Lease Agreement, anyone or more of the following events:
(a) Failure by the City to pay any Lease Payment or other payment required to be paid
hereunder at the time specified herein.
(b) Failure by the City to observe and perform any covenant, condition or agreement on
its part to be observed or performed under this Lease Agreement, other than as referred to in
clause (a) of this Section 9.1, for a period of thirty (30) days after written notice specifying such
failure and requesting that it be remedied has been given to the City by the Authority or the
Assignee; provided, however, if the failure stated in the notice can be corrected, but not within the
applicable period, the Authority and the Assignee shall not unreasonably withhold their
consent to an extension of such time, for a period not to exceed ninety (90) days, if corrective
action is instituted by the City within the applicable period and diligently pursued until the
Default is corrected.
(c) The filing by the City of a voluntary petition in bankruptcy, or failure by the City
promptly to lift any execution, garnishment or attachment, or adjudication of the City as a
bankrupt, or assignment by the City for the benefit of creditors, or the entry by the City into an
agreement of composition with creditors, or the approval by a court of competent jurisdiction
of a petition applicable to the City in any proceedings instituted under the provisions of the
Federal Bankruptcy Act, as amended, or under any similar acts which may hereafter be
enacted.
Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section
9.1 hereof shall have happened and be continuing, it shall be lawful for the Authority or the
Assignee to exercise any and all remedies available pursuant to law or granted pursuant to this
Lease Agreement; provided, however, that notwithstanding anything herein to the contrary, there
shall be no right under any circumstances to accelerate the Lease Payments or otherwise declare
any Lease Payments not then in default to be immediately due and payable. Each and every
covenant hereof to be kept and performed by the City is expressly made a condition and upon
the breach thereof the Authority or the Assignee may exercise any and all rights of entry and
re-entry upon the Property, and also, at its option, with or without such entry, may terminate
this Lease Agreement; provided, that no such termination shall be effected either by operation
of law or acts of the parties hereto, except only in the manner herein expressly provided. In the
event of such Default and notwithstanding any re-entry by the Authority or the Assignee, the
City shall, as herein expressly provided, continue to remain liable for the payment of the Lease
Payments and/ or damages for breach of this Lease Agreement and the performance of all
conditions herein contained and, in any event such rent and/ or damages shall be payable to the
Assignee at the time and in the manner as herein provided, to wit:
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JT25S-40
(a) In the event the Authority or the Assignee does not elect to terminate this Lease
Agreement in the manner hereinafter provided for in subparagraph (b) hereof, the City agrees
to and shall remain liable for the payment of all Lease Payments and the performance of all
conditions herein contained and shall reimburse the Assignee for any deficiency arising out of
the re-leasing of the Property, or, in the event the Authority or the Assignee are unable to re-
lease the Property, then for the full amount of all Lease Payments to the end of the Term of the
Lease Agreement, but said Lease Payments and/ or deficiency shall be payable only at the same
time and in the same manner as hereinabove provided for the payment of Lease Payments
hereunder, notwithstanding such entry or re-entry by the Authority or the Assignee or any suit
in unlawful detainer, or otherwise, brought by the Authority or the Assignee for the purpose of
effecting such re-entry or obtaining possession of the Property or the exercise of any other
remedy by the Authority or the Assignee. The City hereby irrevocably appoints the Authority
and the Assignee as the agent and attorney-in-fact of the City to enter upon and re-lease the
Property in the Event of Default by the City in the performance of any covenants herein
contained to be performed by the City and to remove all personal property whatsoever situated
upon the Property, to place such property in storage or other suitable place in Orange County,
California, for the account of and at the expense of the City, and the City hereby exempts and
agrees to save harmless the Authority and the Assignee from any costs, loss or damage
whatsoever arising or occasioned by any such entry upon and re-leasing of the Property and
the removal and storage of such property by the Authority or the Assignee or their duly
authorized agents in accordance with the provisions herein contained. The City hereby waives
any and all claims for damages caused or which may be caused by the Authority or the
Assignee in re-entering and taking possession of the Property as herein provided and all claims
for damages that may result from the destruction of or injury to the Property and all claims for
damages to or loss of any property belonging to the City that may be in or upon the Property.
The City agrees that the terms of this Lease Agreement constitute full and sufficient notice of
the right of the Authority and the Assignee to re-lease the Property in the event of such re-entry
without effecting a surrender of this Lease Agreement, and further agrees that no acts of the
Authority or the Assignee in effecting such re-leasing shall constitute a surrender or
termination of this Lease Agreement irrespective of the term for which such re-leasing is made
or the terms and conditions of such re-leasing, or otherwise, but that, on the contrary, in the
event of such Default by the City the right to terminate this Lease Agreement shall vest in the
Authority and the Assignee to be effected in the sole and exclusive manner hereinafter
provided for in paragraph (b) hereof. The City further waives the right to any rental obtained
by the Authority or the Assignee in excess of the Lease Payments and payments due pursuant
to Section 4.7 hereof and hereby conveys and releases such excess to the Authority or the
Assignee, as applicable, as compensation to the Authority or the Assignee for their services in
re-leasing the Property.
(b) In an Event of Default hereunder, the Authority or the Assignee at their option may
terminate this Lease Agreement and re-lease all or any portion of the Property. In the event of
the termination of this Lease Agreement by the Authority or the Assignee at their option and in
the manner hereinafter provided on account of Default by the City (and notwithstanding any
re-entry upon the Property by the Authority or the Assignee in any manner whatsoever or the
re-leasing of the Property), the City nevertheless agrees to pay to the Authority or the Assignee,
as applicable, all costs, loss or damages howsoever arising or occurring payable at the same
time and in the same manner as is herein provided in the case of payment of Lease Payments.
Any surplus received by the Authority or the Assignee from such re-leasing shall be credited
-22-
JT25S-41
towards the Lease Payments next coming due and payable. Neither notice to pay rent or to
deliver up possession of the premises given pursuant to law nor any proceeding in unlawful
detainer taken by the Authority or the Assignee shall of itself operate to terminate this Lease
Agreement, and no termination of this Lease Agreement on account of Default by the City shall
be or become effective by operation of law, or otherwise, unless and until the Authority or the
Assignee shall have given written notice to the City of its election to terminate this Lease
Agreement. The City covenants and agrees that no surrender of the Property and/ or of the
remainder of the Term of the Lease Agreement or any termination of this Lease Agreement
shall be valid in any manner or for any purpose whatsoever unless stated or accepted by the
Assignee by such written notice.
Section 9.3. Waiver of Statutory Remedies. Pursuant to California Civil Code section
1952.6(b), the City hereby waives, to the fullest extent permitted by law, all of the remedies for a
breach of this Lease Agreement provided in sections 1951 to 1952.2, inclusive, of the California
Civil Code, and contracts instead for the remedies set forth in this Article IX.
Section 9.4. No Remedy Exclusive. No remedy herein conferred upon or reserved to the
Authority or the Assignee is intended to be exclusive and every such remedy shall be
cumulative and shall be in addition to every other remedy given under this Lease Agreement
now or hereafter existing at law or in equity. No delay or omission to exercise any right or
power accruing upon any Default shall impair any such right or power or shall be construed to
be a waiver thereof, but any such right and power may be exercised from time to time and as
often as may be deemed expedient. In order to entitle the Authority or the Assignee to exercise
any remedy reserved to it in this Article IX it shall not be necessary to give any notice, other
than such notice as may be required in this Article IX or by law.
Section 9.5. Agreement to Pay Attorneys' Fees and Expenses. In the event that any party
to this Lease Agreement should default under any of the provisions hereof and the non-
defaulting party should employ attorneys or incur other expenses for the collection of moneys
or the enforcement or performance or observance of any obligation or agreement on the part of
the defaulting party herein contained, the defaulting party agrees that it will on demand
therefor pay to the non-defaulting party the reasonable fees of such attorneys and such other
expenses so incurred by the non-defaulting party.
Section 9.6. No Additional Waiver Implied by One Waiver. In the event any agreement
contained in this Lease Agreement should be breached by either party and thereafter waived by
the other party, such waiver shall be limited to the particular breach so waived and shall not be
deemed to waive any other breach hereunder.
Section 9.7. Application of Proceeds. All net proceeds received from the re-lease or other
disposition of the Property under this Article IX, and all other amounts derived by the
Authority or the Assignee as a result of an Event of Default hereunder, shall be transferred to
the Assignee promptly upon receipt thereof and after payment of all fees and expenses of the
Assignee, including attorneys fees, shall be applied to the Lease Payments in order of payment
date.
Section 9.8. Assignee to Exercise Rights. Such rights and remedies as are given to the
Authority under this Article IX have been assigned by the Authority to the Assignee, under the
-23-
JT25S-42
Assignment Agreement, to which assignment the City hereby consents. Such rights and
remedies shall be exercised solely by the Assignee as provided in the Assignment Agreement
and herein.
-24-
JT25S-43
ARTICLE X
PREP A YMENT OF LEASE PAYMENTS
Section 10.1. Prepayment Option. The Authority hereby grants an option to the City to
prepay the principal component of the Lease Payments in full, by paying the aggregate unpaid
principal components of the Lease Payments as set forth in Exhibit D hereto, in a prepayment
amount equal to the principal amount of Lease Payments to be prepaid, without premium.
Said option may be exercised on any date on and after December 1, 2002. Said option
shall be exercised by the City by giving written notice to the Authority and the Assignee of the
exercise of such option at least sixty (60) days prior to said date. Such option shall be exercised
by depositing with said notice cash in an amount sufficient to pay the aggregate unpaid
principal component of the Lease Payments on said Lease Payment Date as set forth in Exhibit
D hereto, together with any Lease Payments then due but unpaid and any accrued interest to
such prepayment date.
Section 10.2. Mandatory Prepayment From Net Proceeds of Insurance, Title Insurance or
Eminent Domain. The City shall be obligated to prepay the Lease Payments, in whole on any
date or in part on any Lease Payment Date, from and to the extent of any Net Proceeds of an
insurance, title insurance or condemnation award with respect to the Property. The City, the
Authority and the Assignee hereby agree that such Net Proceeds shall be applied first to the
payment of any delinquent Lease Payments, and thereafter shall be credited towards the City's
obligations under this Section 10.2. Lease Payments due after any such partial prepayment shall
be in the amounts set forth in a revised Lease Payment schedule which shall be provided by, or
caused to be provided by, the City to the Assignee which is reasonably acceptable to the
Assignee and which shall represent an adjustment to the schedule set forth in Exhibit D
attached hereto taking into account said partial prepayment.
-25-
JT25S-44
ARTICLE XI
MISCELLANEOUS
Section 11.1. Notices. All notices, certificates or other communications hereunder shall
be sufficiently given and shall be deemed to have been received upon actual receipt after
deposit in the United States mail in first-class form with postage fully prepaid:
If to the Authority:
Santa Ana Financing Authority
20 Civic Center Plaza
Santa Ana, CA 92702
Attention: Executive Director
Phone: (714) _-_
Fax: (714) _-_
If to the City:
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Attention:
Phone: (714) _-_
Fax: (714)_-_
If to the Assignee:
Attention:
Phone: (_) _-_
Fax: (_)_-_
with a copy to
Attention:
Phone: (_) _-_
Fax: (_)_-_
The Authority, the City and the Assignee, by notice given hereunder, may designate
different addresses to which subsequent notices, certificates or other communications will be
sent. Any party giving notice to the other pursuant to this Lease Agreement shall also give such
notice to the Assignee.
Section 11.2. Binding Effect. This Lease Agreement shall inure to the benefit of and shall
be binding upon the Authority and the City and their respective successors and assigns.
Section 11.3. Severability. In the event any provision of this Lease Agreement shall be
held invalid or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof.
-26-
JT25S-45
Section 11.4. Net-net-net Lease. This Lease Agreement shall be deemed and construed to
be a "net-net-net lease" and the City hereby agrees that the Lease Payments shall be an absolute
net return to the Authority or the Assignee, free and clear of any expenses, charges or set-offs
whatsoever.
Section 11.5. Further Assurances and Corrective Instruments. The Authority and the
City agree that they will, from time to time, execute, acknowledge and deliver, or cause to be
executed, acknowledged and delivered, such supplements hereto and such further instruments
as may reasonably be required for correcting any inadequate or incorrect description of the
Property hereby leased or intended so to be or for carrying out the expressed intentions of this
Lease Agreement.
Section 11.6. Execution in Counterparts. This Lease Agreement may be executed in
several counterparts, each of which shall be an original and all of which shall constitute but one
and the same instrument.
Section 11.7. Applicable Law. This Lease Agreement shall be governed by and construed
in accordance with the laws of the State.
Section 11.8. Authority and City Representatives. Whenever under the provisions of this
Lease Agreement the approval of the Authority or the City is required, or the Authority or the
City is required to take some action at the request of the other, such approval or such request
shall be given for the Authority by a Authority Representative and for the City by a City
Representative, and each party hereto shall be authorized to rely upon any such approval or
request.
Section 11.9. Captions. The captions or headings in this Lease Agreement are for
convenience only and in no way define, limit or describe the scope or intent of any provisions
or Section of this Lease Agreement.
-27-
JT25S-46
IN WITNESS WHEREOF, the Authority has caused this Lease Agreement to be
executed in its corporate name by its duly authorized officers; and the City has caused this
Lease Agreement to be executed in its name by its duly authorized officers, as of the date first
above written.
SANTA ANA FINANCING AUTHORITY,
as Lessor
By
Name
Title
Attest:
Patricia E. Healy
Secretary
CITY OF SANTA ANA, as Lessee
By
Name
Title
Attest:
Patricia E. Healy
City Clerk
-28-
JT25S-47
EXHIBIT A
DEFINITIONS
"Assignee" means
, as assignee, or any successor thereto.
"Assignment Agreement" means the Assignment Agreement, dated as of July 1 2005, by
and between the Authority and the Assignee, together with any duly authorized and executed
amendments thereto.
"Authority" means the Santa Ana Financing Authority, a joint exercise of powers
authority organized and existing under the laws of the State.
"Authority Representative" means the Chairman, the Vice Chairman, the Executive
Director, the Treasurer or any other person authorized by resolution of the Board of Directors of
the Authority to act on behalf of the Authority under or with respect to the Site Lease, the Lease
Agreement and the Assignment Agreement.
"Bond Counsel" means (a) Quint & Thimmig LLP, or (b) any other attorney or firm of
attorneys appointed by or acceptable to the City of nationally-recognized experience in the
issuance of obligations of public entities.
"Business Day" means a day which is not a Saturday, Sunday or legal holiday on which
banking institutions in the state in which the Assignee is located are closed or are required to
close or a day on which the New York Stock Exchange is closed.
"City" means the City of Santa Ana, a municipal corporation and chartered city duly
organized and existing under and by virtue of the constitution and laws of the State.
"City Representative" means the Mayor, the Mayor Pro Tern, the City Manager, the
Finance Director, or the designee of any such official, or any other person authorized to act on
behalf of the City under or with respect to the Site Lease and/ or the Lease Agreement and
identified as such to the Assignee in writing.
"Code" means the Internal Revenue Code of 1986.
"Event of Default" means an event of default under the Lease Agreement, as defined in
Section 9.1 thereof.
"Fiscal Year" means the twelve-month period beginning on July 1 of any year and
ending on June 30 of the next succeeding year, or any other twelve-month period selected by
the City as its fiscal year.
"Independent Counsel" means an attorney duly admitted to the practice of law before the
highest court of the state in which such attorney maintains an office and who is not an
employee of the City, the Authority or the Assignee.
Exhibit A
Page 1
JT25S-48
"Improvements" means those improvements to be to be financed with the proceeds of the
Lease Agreement and constructed on the Site more particularly described in Exhibit C to the
Lease Agreement.
"Interest Payment Date" means the 15th day of each March and September, commencing
September 1, 2006.
"Lease Agreement" means the Lease Agreement, dated as of July 1 2005, by and between
the Authority, as lessor, and the City, as lessee, together with any duly authorized and executed
amendments thereto.
"Lease Payments" means all payments required to be paid by the City pursuant to
Section 4.4 of the Lease Agreement, including any prepayment thereof pursuant to Article X of
the Lease Agreement, which payments consist of an interest component and a principal
component.
"Net Proceeds," when used with respect to insurance or condemnation proceeds, means
any insurance proceeds or condemnation award paid with respect to the Property, to the extent
remaining after payment therefrom of all expenses incurred in the collection thereof.
"Permitted Encumbrances" means, as of any particular time: (a) liens for general ad
valorem taxes and assessments, if any, not then delinquent, or which the City may, pursuant to
provisions of Article V of the Lease Agreement, permit to remain unpaid; (b) the Assignment
Agreement; (c) the Lease Agreement; (d) any right or claim of any mechanic, laborer,
materialman, supplier or vendor not filed or perfected in the manner prescribed by law; (e)
easements, rights of way, mineral rights, drilling rights and other rights, reservations,
covenants, conditions or restrictions which exist of record as of the Closing Date and which the
City certifies in writing will not materially impair the use of the Property; and (f) easements,
rights of way, mineral rights, drilling rights and other rights, reservations, covenants,
conditions or restrictions established following the date of recordation of the Lease Agreement
(or a memorandum thereof) and to which the Assignee and the City consent in writing.
"Property" means, collectively, the Site and the Improvements.
"Rental Period" means each twelve-month period during the Term of the Lease
Agreement commencing on March 2 in any year and ending March 1 in the next succeeding
year.
"Site" means that certain real property more particularly described in Exhibit A to the
Site Lease and in Exhibit B to the Lease Agreement.
"Site Lease" means the Site Lease, dated as of July 1 2005, by and between the City, as
lessor, and the Authority, as lessee, together with any duly authorized and executed
amendments thereto.
"State" means the State of California.
Exhibit A
Page 2
JT25S-49
"Term of the Lease Agreement" means the time during which the Lease Agreement is in
effect, as provided in Section 4.2 of the Lease Agreement.
Exhibit A
Page 3
JT25S-50
EXHIBIT B
DESCRIPTION OF THE SITE
All that certain real property situated in the City of Santa Ana, Orange County, State of California,
described as follows:
That portion of Blocks A, B, C, and D of the Ross Addition to Santa Ana as shown on the map filed in
Book 3, Pages 534 and 535 of Miscellaneous Records of Los Angeles County, California, together with
those portions of Fifth Street, 60 feet wide, Sixth Street, 60 feet wide, Van Ness Street, 60 feet wide, and
Parton Street, 60 feet wide, all being shown on said map of the Ross Addition to Santa Ana, as abandoned
by Resolution No. 69-27 of the City Council of the City of Santa Ana, a certified copy of which was
recorded February 19,1969 in Book 8878, Page 863 of Official Records of said Orange County, all in the
City of Santa Ana, County of Orange, State of California, described as follows:
Beginning at the intersection of the centerline of Santa Ana Boulevard (108 feet wide) with the centerline
of Ross Street (106 feet wide) as shown on Record of Survey 95-1031, filed in Book 149, Pages 49 and 50 of
Records of Survey, Records of said County; thence South 49002'03" West 248.90 feet along said centerline
of Santa Ana Boulevard; thence North 40057'57" West 54.00 feet to the northwesterly line of said Santa
Ana Boulevard and the True Point of Beginning, said northwesterly line also being the northwesterly line
of Parcell as described in Resolution No. 68-186 of the City Council of the City of Santa Ana recorded
December 18, 1968 in Book 8819, Page 934 of Official Records of said Orange County, said point being the
beginning of a curve concave northwesterly having a radius of 746.00, a radial bearing to said beginning
bears South 40057'57" East; thence southwesterly along said curve and said northwesterly line 401.75 feet
through a central angle of 30051'21"; thence leaving said northwesterly line North 0005'22" West 53.21
feet; thence North 54013'46" East 27.92 feet; thence North 0005'22" West 36.93 feet; thence South 54013'46"
West 64.85 feet to the centerline of said Parton Street (abandoned); thence North 0005'22" West 186.31 feet
along said centerline to an angle point therein; thence continuing along said centerline North 0003'00"
West 310.62 feet to the intersection with the centerline of said Sixth Street (abandoned) thence North
89058'20" East 309.89 feet to an angle point therein; thence continuing along said centerline North
89057' 41" East 246.29 feet to the westerly line of Ross Street, 106 feet wide; thence South 0037'23" East
235.48 feet along said westerly line to a curve concave northwesterly having a radius of 25.00 feet; thence
southerly and southwesterly along said curve 21.67 feet through a central angle of 49039'26" to the
northwesterly line of said Santa Ana Boulevard; thence South 49002'03" West 213.66 feet along said
northwesterly line to the True Point of Beginning.
Except that portion of said land lying easterly of the following described line:
Beginning at a point on the curved northwesterly line of said Santa Ana Boulevard having a radius of
746.00 feet, as described above, said point being an arc distance of 74.14 feet southwesterly from the
northeasterly terminus of said curve; thence North 0037'23" West 342.65 feet; thence North 89022'37" East
66.00 feet; thence North 0037'23" West 51.08 feet to a non-tangent curve concave westerly having a radius
of 33.00 feet, a radial line to said curve bears South 57047'22" East; thence northerly along said curve 19.53
feet through a central angle of 33054'20"; thence North r41'42" West 5.71 feet to a curve concave
southeasterly having a radius of 18.00 feet; thence northerly and northeasterly along said curve 14.69 feet
through a central angle of 46044'51"; thence North 45003'09" East 11.84 feet to a point on the centerline of
said Sixth Street (abandoned).
Also except that portion of said land described as follows:
Beginning at the angle point in the centerline of Parton Street (abandoned) as described above; thence
South 0005'22" East 23.18 feet along said centerline; thence North 89058'59" East 17.31 feet to the True
Exhibit B
Page 1
JT25S-51
Point of Beginning of this exception; thence continuing North 89058'59" East 136.50 feet; thence North
0001'01" West 193.00 feet; thence South 89058'59" West 136.50 feet; thence South 0001'01" East 193.00 feet
to the True Point of Beginning.
Said parcel contains 267,010 square feetj6.1297 acres, more or less.
Exhibit B
Page 2
JT25S-52
EXHIBIT C
DESCRIPTION OF THE IMPROVEMENTS
The Improvements consist of a three hundred (300) vehicle 3 level parking facility one hundred
and twenty-four feet (124') wide by two hundred and seventy feet (270') long comprising one on grade
level and two elevated levels. The structure shall be long-span, cast-in-place concrete with post-tensioned
slabs and beams, cast-in-place columns, slab on grade with concrete foundations. The structure is a two
bay 3 level parking facility designed for two-way traffic flow and 90-degree parking. The parking
structure is designed as an above-grade "open" parking structure of Group S Division 4 Occupancy; of
Type I fire resistive construction per the 2001 California Building Code.
The primary use of the structure is to offset the parking lost by the sale of the adjacent property to
the State Appellate Court. The ground floor will be designated for the self-parking of seventy (70)
automobiles of Appellate Court Staff. 230 spaces will be provided on the two remaining elevated levels
for general Civic Center parking. The northeast corner of the facility will be devoted to stairs, one elevator
and the elevator machine room for the vertical circulation of pedestrians. A second stair will be located at
the southwest corner of the parking facility.
The vertical vehicle circulation is achieved by means of short ramps that rise one half floor level
before turning and rising another half level to the next level. The short ramps are required because of the
limited site available for the parking facility. The north end of the facility is depressed below grade one
half level to allow vehicles entering the facility at the southwest corner at grade level to ramp up half a
level a point one full level above the parking below at the north end. Vehicles entering on grade at the
southeast corner will ramp down one half level to a point one full level below the parking above at the
north end.
Exhibit C
JT25S-53
Lease
Payment
Date
9/1/06
3/1/07
9/1/07
3/1/08
9/1/08
3/1/09
9/1/09
3/1/10
9/1/10
3/1/11
9/1/11
3/1/12
9/1/12
3/1/13
9/1/13
3/1/14
9/1/14
3/1/15
9/1/15
3/1/16
9/1/16
3/1/17
9/1/17
3/1/18
9/1/18
3/1/19
9/1/19
3/1/20
9/1/20
3/1/21
9/1/21
3/1/22
9/1/22
3/1/23
9/1/23
3/1/24
9/1/24
3/1/25
EXHIBIT D
LEASE PAYMENT SCHEDULE
Principal
Component
Interest
Component*
*Interest component is computed at 4.79% per annum.
Exhibit D
JT25S-54
Total
Lease
Payment
EXHIBIT E
FORM OF DISBURSEMENT CERTIFICATE
$
LEASE AGREEMENT
Dated as of . 2005,
by and between the Santa Ana Financing Authority, as Lessor, and the City of
Santa Ana, as Lessee, Assigned to , as Assignee
DISBURSEMENT CERTIFICATE NO.
The undersigned hereby states and certifies:
(i) that the undersigned is the duly appointed, qualified and acting of City
of Santa Ana, a municipal corporation and charter city, organized and existing under the laws of the State
of California (the "City"), and as such, is familiar with the facts herein certified and is authorized to
certify the sam,e on behalf of the City;
(ii) that, pursuant to Section 3.2 of that certain Lease Agreement, dated as of _, 2005
("Lease Agreement"), by and between the Santa Ana Financing Authority, as lessor (the II Authority"),
and the City, as assigned to , as assignee (the II Assignee"), the Assignee is
hereby requested to approve the disbursement this date from the Improvement Account (as defined in
Lease Agreement) to the payees designated on Exhibit A attached hereto and by this reference
incorporated herein, at the addresses set forth below such payee name, the sum set forth opposite such
payee, for payment or reimbursement for costs of the Improvements (as defined in Lease Agreement) as
specified;
(ill) that if such disbursement is for reimbursement to the City, evidence of prior payment is
attached hereto;
(iv) that obligations in the stated amounts have been incurred by the City and are presently due
and payable and that each item thereof is a proper charge against the Improvement Account, and has not
been previously paid therefrom;
(v) that there has not been filed with or served upon the City notice of any lien, right to lien or
attachment upon, or claim affecting the right to receive payment of, any of the amounts payable to any of
the persons named in such requisition, which has not been released or will not be released simultaneously
with the payment of such obligation, other than materialmen's or mechanics' liens accruing by mere
operation of law;
City;
(vi) that the component of the Improvements for which such payment relates is satisfactory to the
(vii) that the balance remaining in the Improvement Account after payment of such amounts,
together with any investment income reasonably anticipated to be deposited in the Improvement Account
and any other funds reasonably anticipated to be available therefor, will be sufficient to pay the costs of
the Improvements; and
Exhibit D
JT25S-55
(viii) that capitalized terms used herein and not otherwise defined shall have the meanings
ascribed thereto in the Lease Agreement.
Dated:
CITY OF SANTA ANA
By
Name
Title
APPROVED:
By
Name
Title
Exhibit D
JT25S-56
EXHIBIT A
DISBURSEMENT CERTIFICATE NO.
Payee Name and Address
Purpose of Obligation
Amount
Exhibit D
JT25S-57
Quint & Thimmig LLP
04/29/05
06/13/05
REIMBURSEMENT AGREEMENT
by and between the
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA
and the
CITY OF SANTA ANA
Dated as of , 2005
(Central City Redevelopment Project)
19014.06
JT25S-58
REIMBURSEMENT AGREEMENT
THIS REIMBURSEMENT AGREEMENT, dated as of ,2005, by and between the
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA (the II Agency")
and the CITY OF SANTA ANA (the "City");
WITNESSETH:
WHEREAS, the Agency is a duly constituted redevelopment agency under the laws of
the State of California and pursuant to such laws has duly proceeded with redevelopment
activities within the Central City Redevelopment Project (the "Project Area") within the City;
and
WHEREAS, the redevelopment plan for the Project Area provides for tax increment
financing in accordance with the provisions of Chapter 6, Part 1 of Division 24 of the California
Health and Safety Code and Section 16 of Article XVI of the Constitution of the State of
California; and
WHEREAS, the Agency is authorized, with the consent of the City Council of the City,
to pay all or part of the value of the land for and the cost of the installation and construction of
any building, facility, structure or other improvements which are publicly owned, upon a
determination by the Agency and said City Council that such buildings, facilities, structures or
other improvements are of benefit to the Project Area; and
WHEREAS, when the value of such land or the cost of the installation and construction
of such building, facility, structure or other improvement, or both, has been or will be paid or
provided for initially by the City, the Agency may enter into a contract with the City under
which it agrees to reimburse the City for all or part of the value of such land or all or part of the
cost of such building, facility, structure or other improvement, or both, by periodic payments
over a period of years; and
WHEREAS, the obligation of the Agency under such contract shall constitute an
indebtedness of the Agency for the purpose of carrying out the redevelopment project for the
Project Area, which indebtedness may be made payable out of taxes levied in the Project Area
and allocated to the Agency under subdivision (b) of section 33670 of the California Health and
Safety Code, or out of any other available funds; and
WHEREAS, the City has undertaken the financing of certain public parking facilities
(the "Project") a portion of which will be of substantial benefit to the Project Area; and
WHEREAS, the parties hereto in consideration of their mutual undertakings, past and
present, herein and otherwise, desire to provide for repayment by the Agency to the City of the
moneys paid as Lease Payments under and as defined in the Lease Agreement (each as
hereinafter defined), entered into between the Santa Ana Financing Authority and the City in
the amounts specified in Exhibit A attached hereto and incorporated herein, which Lease
Agreement provided financing for the Project; and
19014.06
JT25S-59
WHEREAS, the Agency and the City have previously determined by resolution that the
Project is of benefit to the Project Area;
NOW, THEREFORE, in consideration of the mutual covenants herein contained it is
agreed by and between the parties hereto as follows:
Section 1. Definitions. Unless the context otherwise requires, the terms defined in this
Section 1 shall, for all purposes of this Reimbursement Agreement and of any amendment
hereto, and of any certificate, opinion, estimate or other document herein mentioned, have the
meanings herein specified. Any capitalized term not defined herein shall have the meaning
given to such term in the Lease Agreement.
II Agency" means the Community Redevelopment Agency of the City of Santa Ana, a
redevelopment agency and public body, corporate and politic, duly organized and existing
under and by virtue of the laws of the State of California.
II Authority" means the Santa Ana Financing Authority, a joint exercise of powers
authority, duly organized and existing under and by virtue of the laws of the State of
California.
II Business Day" means a day which is not a Saturday, Sunday or legal holiday on which
banking institutions in the state in which the Assignee is located are closed or are required to
close or a day on which the New York Stock Exchange is closed.
II City" means the City of Santa Ana, a general law city and municipal corporation duly
organized and existing under and by virtue of the Constitution and laws of the State of
California.
II Fiscal Year" means each twelve-month period beginning on July 1 of any year and
ending on June 30 of the succeeding year, or any other twelve-month period hereafter adopted
by the City as its official fiscal year period.
II Law" means the Community Redevelopment Law of the State of California,
constituting Part 1 of Division 24 of the California Health and Safety Code and the acts
amendatory thereof and in supplement thereto. Whenever reference is made in this
Reimbursement Agreement to the Law, reference is made to the Law as in force on the date of
the execution of this Reimbursement Agreement, unless the context otherwise requires.
II Lease Agreement" means that certain lease entitled "Lease Agreement" by and between
the Authority, as lessor, and the City, as lessee, dated as of , 2005.
II Lease Payments" means all amounts paid by the City as lease payments pursuant to
Section 4.4 of the Lease Agreement.
II Project Area" means the Central City Redevelopment Project of the Agency.
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JT25S-60
II Tax Increment Revenues" means all taxes allocated to, and paid into a special fund of the
Agency for the Project Area pursuant to Article 6 of Chapter 6 of the Law and Section 16 of
Article XVI of the Constitution of the State of California, and as provided in the redevelopment
plan for the Project Area, including all payments and reimbursements, if any, to the Agency
specifically attributable to ad valorem taxes lost by reason of tax exemptions and tax rate
limitations, but excluding any amounts required to be paid to other taxing agencies pursuant to
section 33401 of the Law and any amounts required to be used to improve the communities
supply of low or moderate income housing pursuant to Section 33334.2 of the Law.
Section 2. Reimbursement; Other Payments. Subject to pledges of Tax Increment
Revenues heretofore or hereafter made by the Agency (this Agreement being subordinate to
any such pledge), the Agency and the City agree that, to the extent necessary but only to the
extent available, and not in excess of the amounts specified in Exhibit A attached hereto and
incorporated herein, in any Fiscal Year, Tax Increment Revenues shall be used and applied to
repay the City such portion of all current or previously unreimbursed Lease Payments made by
the City to the Authority under the Lease Agreement. In addition, the Agency may apply other
legally available moneys to make repayments hereunder. This Reimbursement Agreement may
be amended from time to time by the parties hereto for any purpose and with any effect
whatsoever. If, in any year, there are insufficient Tax Increment Revenues for the Agency to
fully reimburse the City for Lease Payments made in such year, such deficiency shall be carried
forward to each succeeding year until the Agency has sufficient Tax Increment Revenues to
make up all Carried over amounts. Available Tax Increment Revenues shall first be used to
reimburse the City for current year Lease Payments then for carried over amounts.
Section 3. Default by Agency. If the Agency has available Tax Increment and shall fail to
repay the City or shall fail to pay any other payment required to be paid hereunder at the time
specified herein, and such failure shall continue for a period of ten (10) days, then the City or, if
applicable, any assignee, shall be entitled to exercise any and all remedies available pursuant to
law.
Section 4. Remedies Not Exclusive. No remedy herein conferred upon the City shall be
exclusive of any other remedy and each and every remedy shall cumulative and shall be in
addition to every other remedy given hereunder or hereafter conferred on the City.
-3-
JT25S-61
IN WITNESS WHEREOF, the parties hereto have executed this Reimbursement
Agreement as of the day and year first above written.
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA
By
Name
Title
Attest:
Patricia E. Healy
Secretary
CITY OF SANTA ANA, as Lessee
By
Name
Title
Attest:
Patricia E. Healy
City Clerk
-4-
JT25S-62
Lease
Payment
Date
9/1/06
3/1/07
9/1/07
3/1/08
9/1/08
3/1/09
9/1/09
3/1/10
9/1/10
3/1/11
9/1/11
3/1/12
9/1/12
3/1/13
9/1/13
3/1/14
9/1/14
3/1/15
9/1/15
3/1/16
9/1/16
3/1/17
9/1/17
3/1/18
9/1/18
3/1/19
9/1/19
3/1/20
9/1/20
3/1/21
9/1/21
3/1/22
9/1/22
3/1/23
9/1/23
3/1/24
9/1/24
3/1/25
EXHIBIT A
AMOUNTS TO BE REIMBURSED
Principal
Component
Interest
Component
Exhibit A
Page 1
JT25S-63
Total
Lease
Payment
RESOLUTION NO. SAFA 2005-002
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING
PREPARATION AND EXECUTION OF CERTAIN LEASE
FINANCING DOCUMENTS AND AUTHORIZING AND DIRECTING
CERTAIN ACTIONS WITH RESPECT THERETO
BE IT RESOLVED BY THE SANTA ANA FINANCING AUTHORITY AS
FOLLOWS:
Section 1. The Board of Directors (the "Board") of the Santa Ana Financing
Authority (the "Authority") finds, determines and declares as follows;
A. The City of Santa Ana (the "City") proposes to finance the costs of the
construction of a parking structure on City-owned property located
adjacent to the proposed State Appellate Court Building in Santa Ana,
California (the "Improvements");
B. The City has determined to finance the Improvements by entering into a
site lease (the "Site Lease") and a lease agreement (the "Lease
Agreement") with the Authority;
C. The Authority intends to assign its rights under the Site Lease and the
Lease Agreement to one or more purchasers to be determined (the
"Assignee"); and
D. The documents below specified shall be filed with the Authority and the
members of the Board, with the aid of its staff, shall review said
documents;
Section 2. Resolution No. SAFA 2005-001 previously adopted by the Board on
February 7, 2005, relating to the financing of the Improvements is hereby rescinded.
Section 3. The below-enumerated documents, substantially in the forms on file
with the Secretary, be and are hereby approved, and the Executive Director is hereby
authorized and directed to execute said documents, with such changes, insertions and
omissions as may be approved by such official, and the Secretary is hereby authorized
and directed to attest to such official's signature:
A. The Site Lease, by and between the City, as lessor, and the Authority, as
lessee, pursuant to which the City will lease certain real property (the
"Site") to the Authority;
B. The Lease Agreement, by and between the Authority, as lessor, and the
City, as lessee, pursuant to which the Authority will lease the Site and the
Improvements back to the City; and
Resolution No. SAFA 2005-002
Page 1 of 2
JT25S-64
C. An assignment agreement, by and between the Authority and the
Assignee, pursuant to which the Authority will assign certain of its rights
under the Lease Agreement, including its right to receive lease payments
thereunder, to the Assignee.
Section 4. The Executive Director, the Secretary and other officials of the
Authority are hereby authorized and directed to execute such other agreements,
documents and certificates as may be necessary to effect the purposes of this
resolution and the lease financing herein authorized.
Section 5. This Resolution shall take effect upon its adoption by the Authority
Board, and the Secretary shall attest to and certify the vote adopting this Resolution.
ADOPTED this 20th day of June, 2005.
Miguel A. Pulido
Chairperson
APPROVED AS TO FORM:
Joseph W. Fletcher, Authority Counsel
AYES: Authoritymembers
NOES: Authoritymembers
ABST AI N: Authoritymembers
NOT PRESENT: Authoritymembers
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Secretary of the Authority, do hereby attest to and certify
the attached Resolution No. 2005-_ to be the original a resolution duly adopted by
the Santa Ana Financing Authority on the 20th day of June, 2005.
Date:
Authority Secretary
Resolution No. SAFA 2005-002
Page 2 of 2
JT25S-65
Quint & Thimmig LLP
01/31/05
04/29/05
06/13/05
AFTER RECORDA nON RETURN TO:
Quint & Thimmig LLP
One Embarcadero Center, Suite 2420
San Francisco, CA 94111-3737
Attention: Brian D. Quint, Esq.
THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTION 27383 OF THE
CALIFORNIA GOVERNMENT CODE.
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT, made and entered into as of , 2005, is by and
between the SANTA ANA FINANCING AUTHORITY, a joint exercise of powers authority
duly organized and existing under the laws of the State of California, as assignor (the
" Authority"), and , as assignee (the" Assignee");
WITNESSETH:
In the joint and mutual exercise of their powers, in consideration of the mutual
covenants herein contained and for other valuable consideration, the parties hereto recite and
agree as follows:
Section 1. Recitals.
(a) The City of Santa Ana (the "City"), as lessor, and the Authority, as lessee, have
entered into a site lease, dated as of , 2005 (the "Site Lease"), whereby the City has leased
to the Authority, and the Authority has agreed to lease from the City, certain property more
particularly described in Exhibit A attached hereto (the "Site"), in the manner and on the terms
set forth in the Site Lease.
(b) The Authority, as lessor, and the City, as lessee, have entered into a lease agreement,
dated as of , 2005 (the "Lease Agreement"), whereby the Authority has agreed to lease to
the City, and the City has agreed to lease from the Authority, the Site and certain
improvements to be constructed on the Site, more particularly described in Exhibit B attached
hereto (the "Improvements" and, with the Site, the Property"), in the manner and on the terms
set forth in the Lease Agreement, which terms include, without limitation, the obligation of the
City to pay Lease Payments (as defined in the Lease Agreement) to the Authority in
consideration of the City's use and enjoyment of the Property.
19014.06
JT25S-66
(c) Under the Lease Agreement, the Authority is required to cause to be deposited with
the City certain sums of money to be paid to the City for the payment or reimbursement of the
costs of the Improvements.
(d) Each of the parties has authority to enter into this Assignment Agreement and has
taken all actions necessary to authorize its officers to execute it.
Section 2. Assignment. The Authority hereby transfers, assigns and sets over to the
Assignee all of the Authority's rights, but none of its obligations, under the Site Lease and the
Lease Agreement (excepting only the Authority's rights under Sections 5.7, 7.3 and 9.4 of the
Lease Agreement), including without limitation (i) the right to receive and collect all of the
Lease Payments from the City under the Lease Agreement, (ii) the right to receive and collect
any proceeds of any insurance maintained thereunder and of any condemnation award
rendered with respect to the Property, and (ill) the right to exercise such rights and remedies
conferred on the Authority pursuant to the Lease Agreement as may be necessary or
convenient (A) to enforce payment of the Lease Payments, or (B) otherwise to protect the
interests of the Assignee in the event of a default by the City under the Lease Agreement.
Section 3. Acceptance. The Assignee hereby accepts the assignments made herein.
Section 4. Application of Proceeds. In consideration of the Assignee's right to receive a
portion of the Lease Payments, as described above, the Assignee shall, on the Closing Date,
transfer the amount of $ to or to the order of the Authority.
Section 5. Conditions. This Assignment Agreement shall not confer rights upon the
Assignee beyond those expressly provided in the Site and Facility Lease or the Lease
Agreement, nor shall it impose any duties on the Assignee. The Assignee assumes no
responsibility for the accuracy of the recitals herein.
Section 6. Applicable Law. This Assignment Agreement shall be governed by and
construed in accordance with the laws of the State of California.
Section 7. Execution in Counterparts. This Assignment Agreement may be executed in
any number of counterparts, each of which shall be deemed to be an original but all together
shall constitute but one and the same instrument.
-2-
JT25S-67
IN WITNESS WHEREOF, the parties have executed this Assignment Agreement by
their duly authorized officers as of the day and year first written above.
SANTA ANA FINANCING AUTHORITY
By
Name
Title
, as Assignee
By
Name
Title
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JT25S-68
[NOTARY ACKNOWLEDGMENTS TO BE ATTACHED]
JT25S-69
EXHIBIT A
DESCRIPTION OF THE SITE
All that certain real property situated in the City of Santa Ana, Orange County, State of California,
described as follows:
That portion of Blocks A, B, C, and D of the Ross Addition to Santa Ana as shown on the map filed in
Book 3, Pages 534 and 535 of Miscellaneous Records of Los Angeles County, California, together with
those portions of Fifth Street, 60 feet wide, Sixth Street, 60 feet wide, Van Ness Street, 60 feet wide, and
Parton Street, 60 feet wide, all being shown on said map of the Ross Addition to Santa Ana, as abandoned
by Resolution No. 69-27 of the City Council of the City of Santa Ana, a certified copy of which was
recorded February 19,1969 in Book 8878, Page 863 of Official Records of said Orange County, all in the
City of Santa Ana, County of Orange, State of California, described as follows:
Beginning at the intersection of the centerline of Santa Ana Boulevard (108 feet wide) with the centerline
of Ross Street (106 feet wide) as shown on Record of Survey 95-1031, filed in Book 149, Pages 49 and 50 of
Records of Survey, Records of said County; thence South 49002'03" West 248.90 feet along said centerline
of Santa Ana Boulevard; thence North 40057'57" West 54.00 feet to the northwesterly line of said Santa
Ana Boulevard and the True Point of Beginning, said northwesterly line also being the northwesterly line
of Parcell as described in Resolution No. 68-186 of the City Council of the City of Santa Ana recorded
December 18, 1968 in Book 8819, Page 934 of Official Records of said Orange County, said point being the
beginning of a curve concave northwesterly having a radius of 746.00, a radial bearing to said beginning
bears South 40057'57" East; thence southwesterly along said curve and said northwesterly line 401.75 feet
through a central angle of 30051'21"; thence leaving said northwesterly line North 0005'22" West 53.21
feet; thence North 54013'46" East 27.92 feet; thence North 0005'22" West 36.93 feet; thence South 54013'46"
West 64.85 feet to the centerline of said Parton Street (abandoned); thence North 0005'22" West 186.31 feet
along said centerline to an angle point therein; thence continuing along said centerline North 0003'00"
West 310.62 feet to the intersection with the centerline of said Sixth Street (abandoned) thence North
89058'20" East 309.89 feet to an angle point therein; thence continuing along said centerline North
89057'41" East 246.29 feet to the westerly line of Ross Street, 106 feet wide; thence South 0037'23" East
235.48 feet along said westerly line to a curve concave northwesterly having a radius of 25.00 feet; thence
southerly and southwesterly along said curve 21.67 feet through a central angle of 49039'26" to the
northwesterly line of said Santa Ana Boulevard; thence South 49002'03" West 213.66 feet along said
northwesterly line to the True Point of Beginning.
Except that portion of said land lying easterly of the following described line:
Beginning at a point on the curved northwesterly line of said Santa Ana Boulevard having a radius of
746.00 feet, as described above, said point being an arc distance of 74.14 feet southwesterly from the
northeasterly terminus of said curve; thence North 0037'23" West 342.65 feet; thence North 89022'37" East
66.00 feet; thence North 0037'23" West 51.08 feet to a non-tangent curve concave westerly having a radius
of 33.00 feet, a radial line to said curve bears South 57047'22" East; thence northerly along said curve 19.53
feet through a central angle of 33054'20"; thence North 1041'42" West 5.71 feet to a curve concave
southeasterly having a radius of 18.00 feet; thence northerly and northeasterly along said curve 14.69 feet
through a central angle of 46044'51"; thence North 45003'09" East 11.84 feet to a point on the centerline of
said Sixth Street (abandoned).
Also except that portion of said land described as follows:
Beginning at the angle point in the centerline of Parton Street (abandoned) as described above; thence
South 0005'22" East 23.18 feet along said centerline; thence North 89058'59" East 17.31 feet to the True
Exhibit A
JT25S-70
Point of Beginning of this exception; thence continuing North 89058'59" East 136.50 feet; thence North
0001'01" West 193.00 feet; thence South 89058'59" West 136.50 feet; thence South 0001'01" East 193.00 feet
to the True Point of Beginning.
Said parcel contains 267,010 square feet/6.1297 acres, more or less.
Exhibit A
JT25S-71
EXHIBIT B
DESCRIPTION OF THE IMPROVEMENTS
The Improvements consist of a three hundred (300) vehicle 3 level parking facility one hundred
and twenty-four feet (124') wide by two hundred and seventy feet (270') long comprising one on grade
level and two elevated levels. The structure shall be long-span, cast-in-place concrete with post-tensioned
slabs and beams, cast-in-place columns, slab on grade with concrete foundations. The structure is a two
bay 3 level parking facility designed for two-way traffic flow and 90-degree parking. The parking
structure is designed as an above-grade "open" parking structure of Group S Division 4 Occupancy; of
Type I fire resistive construction per the 2001 California Building Code.
The primary use of the structure is to offset the parking lost by the sale of the adjacent property to
the State Appellate Court. The ground floor will be designated for the self-parking of seventy (70)
automobiles of Appellate Court Staff. 230 spaces will be provided on the two remaining elevated levels
for general Civic Center parking. The northeast corner of the facility will be devoted to stairs, one elevator
and the elevator machine room for the vertical circulation of pedestrians. A second stair will be located at
the southwest corner of the parking facility.
The vertical vehicle circulation is achieved by means of short ramps that rise one half floor level
before turning and rising another half level to the next level. The short ramps are required because of the
limited site available for the parking facility. The north end of the facility is depressed below grade one
half level to allow vehicles entering the facility at the southwest corner at grade level to ramp up half a
level a point one full level above the parking below at the north end. Vehicles entering on grade at the
southeast corner will ramp down one half level to a point one full level below the parking above at the
north end.
Exhibit B
JT25S-72
RESOLUTION NO. CRA 2005- 004
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING THE
EXECUTION AND DELIVERY OF A REIMBURSEMENT AGREEMENT
IN CONNECTION WITH CERTAIN FINANCING PROCEEDINGS OF THE
CITY OF SANTA ANA, AND APPROVING RELATED DOCUMENTS AND
OFFICIAL ACTIONS
BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The Community Redevelopment Agency of the City of Santa Ana (the
"Agency") hereby finds, determines and declares as follows:
A. The City of Santa Ana (the "City"), working together with the Santa Ana
Financing Authority (the "Authority"), is proposing to proceed with a lease
financing;
B. The City proposes to finance the costs of the construction of a parking
structure on City-owned property located adjacent to the proposed State
Appellate Court Building in Santa Ana, California (the "Improvements");
C. For the purpose of obtaining the moneys required for such purposes, the
City proposes to lease certain real property and the Improvements to be
constructed thereon (collectively, the "Property"), to the Authority and to
lease the Property back from the Authority under a lease agreement (the
"Lease Agreement"), the payments under which will be assigned to one or
more purchasers to be determined; and
D. The documents below specified have been filed with the Agency and the
members of the Agency, with the aid of its staff, have reviewed said
documents;
Section 2. The Agency hereby approves a reimbursement agreement, by and
between the City and the Agency, pursuant to which the Agency will agree to reimburse
the City, from tax increment revenues allocated to the Agency's Central City
Redevelopment Project, for the payments to be made by the City under the Lease
Agreement, in substantially the form on file with the Secretary, together with any
changes therein or additions thereto deemed advisable by the Chairperson, the
Executive Director or the Treasurer, whose execution thereof shall be conclusive
evidence of the approval of any such changes or additions. The Chairperson, the
Executive Director or the Treasurer is hereby authorized and directed for and in the
name and on behalf of the Agency to execute, and the Secretary is hereby authorized
and directed to attest to, the final form of the foregoing document.
Resolution No. eRA 2005-004
Page 1 of 3
JT25S-73
Section 3. The Chairperson, the Executive Director, the Treasurer, the Secretary
and all other officers of the Agency are each authorized and directed in the name and
on behalf of the Agency to make any and all assignments, certificates, requisitions,
agreements, notices, consents, instruments of conveyance, warrants and other
documents, which they or any of them might deem necessary or appropriate in order to
consummate any of the transactions contemplated by the documents approved
pursuant to this Resolution. Whenever in this Resolution any officer of the Agency is
authorized to execute or countersign any document or take any action, such execution,
countersigning or action may be taken on behalf of such officer by any person
designated by such officer to act on his or her behalf in the case such officer shall be
absent or unavailable.
Section 4. This Resolution shall take effect immediately upon its adoption by the
Agency, and the Secretary of the Agency shall attest to and verify the vote adopting this
Resolution.
ADOPTED this 20th day of June, 2005.
Miguel A. Pulido
Chairperson
APPROVED AS TO FORM:
Joseph W. Fletcher, Agency Counsel
AYES: Agency members
NOES: Agency members
ABSTAIN: Agency members
NOT PRESENT: Agency members
CERTIFICATION OF ATTESTATION AND ORIGINALITY
Resolution No. eRA 2005-004
Page 2 of 3
JT25S-74
I, PATRICIA E. HEALY, Secretary of the Authority, do hereby attest to and certify
the attached Resolution No. 2005-004 to be the original a resolution duly adopted by
the Santa Ana Financing Authority on the 20th day of June, 2005.
Date:
Agency Secretary
Resolution No. eRA 2005-004
Page 3 of 3
JT25S-75
JT25S-76