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HomeMy WebLinkAbout FULL PACKET_2005-07-18 ORDINANCE NO. NS-2684 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 58 (SO-58) (ZOA 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. Zoning Ordinance Amendment No. 2005-01 has been filed with the City of Santa Ana to amend the Specific Development No. 58 (SD- 58) to modify the SO-58 standards to conditionally permit private recreational field and trade schools within the boundaries of the Lake Center project. B. On October 15, 1990, the City Council created Specific Development No. 58 (NS-2089). C. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on April 11, 2005, and unanimous voted to recommend that the City Council: 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2005-01. 2. Adopt a resolution approving Conditional Use Permit No. 2005-05 as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2005-06 as conditioned. 4. Adopt a resolution approving Conditional Use Permit No. 2005-07 as conditioned. D. On May 2, 2005 the City Council of the City of Santa Ana held a duly noticed public hearing on Zoning Ordinance Amendment No. 2005-01, Conditional Use Permit No. 2005-05, Conditional Use Permit No. 2005-06, and Conditional Use Permit No. 2005-07. On May 2, 2005 the public hearing was closed and the City Council continued the project to July 5, 2005. E. Zoning Ordinance Amendment No. 2005-01 is consistent with the General Plan, including but not limited to its goals and policies to: 1. Encourage the location of commercial centers at arterial roadway intersections in commercial districts. (Policy 1.9) Ordinance No. NS-2684 Page 1 of 3 11 A-1 2. Promote rehabilitation of commercial properties, and encourage increased levels of capital investment. (Policy 2.7) 3. Support new development which is harmonious in scale and character with existing development in the area. (Policy 2.9) F. Zoning Ordinance Amendment 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. G. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15332. This Class 32 exemption allows in-fill developments on properties of less than five acres that meet applicable General Plan and zoning regulations. Categorical Exemption Environmental Review No. 2004-156 will be filed for this project. Section 2. Specific Development No. 58 (SO-58) is hereby amended as set forth in Exhibit "A", attached hereto and incorporated as though fully set forth herein. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _ day of _' 2005. Miguel A. Pulido Mayor Ordinance No. NS-2684 Page 2 of 3 11 A-2 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2684 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-2684 Page 3 of 3 11A-3 SPECIFIC DEVELOPMENT PLAN NO. 58 SECTION 1 - APPLICABILITY OF ORDINANCE The specific development zoning district for the subject property, as authorized by Chapter 41, Division 26, Section 41-593 et seq., of the Santa Ana Municipal Code, is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code shall apply unless expressly waived or superseded by this ordinance. SECTION 2 - PURPOSE The Specific Development Plan Number 58 (SO-58), consisting of standards and regulations, is hereby established for the express purpose of protecting the health, safety, and general welfare of the people of the City by promoting and enhancing the value of properties and encouraging orderly development. Lake Center Specific Development Plan SO-58 sets forth the development and design criteria for a development consisting of approximately 33 acres. The purpose of this Specific Development Plan is to permit flexibility in site planning and design in response to market conditions while assuring high quality development. Specific Development Plan Number SO-58 specifically establishes for the property the following: . The permitted uses; · Maximum authorized development densities; · Anticipated phasing of on-site development; · Signage provisions; and · Development standards for authorized uses, including building height limits, required setbacks, parking requirements, landscaping provisions and enforcement policies. The EIR sets forth certain required mitigation measures, specified on Exhibit I, attached, which are hereby incorporated as part of this Specific Development Plan No. 58. Exhibit "A" Page 1 of 8 11A-4 Obiectives The objectives of the Lake Center Specific Development Plan include the provision of the following: 1. Landscaping that is appropriate to the level of development and sensitive to the surrounding community; 2. A visually harmonious development as viewed both internally and externally; 3. A circulation system that is responsive to the needs of both vehicular and pedestrian travel, particularly pedestrian safety across major arterials serving the subject site; 4. Development that is exclusive of noxious fumes, toxic or hazardous materials; 5. Flexibility in development in response to market conditions while achieving overall City community goals; 6. Creation of new employment opportunities; 7. An integrated sign program that visually enhances the development and is harmonious with the adjacent environs. SECTION 3 - USES PERMITTED Professional and Business Offices 1. General offices providing personal and professional services including, without limit, employment agencies, medical insurance, real estate, travel, trade contractors, architects, engineers, finance, research and development, wherein high technology office use is coupled with minor assembly and/or research, and other similar uses. Commercial/Retail Uses 1. Commercial/retail uses including, but not limited to: service commercial uses such as daycare centers, banks and other financial institutions, delicatessens, food stores, newsstands, automobile support facilities providing services only within the parking structures such as auto detailing, health and exercise centers and other similar uses, office and computer equipment, copy centers and other similar uses, office and computer equipment, copy centers, postal centers, day care and other similar uses. Exhibit "A" Page 2 of 8 11A-5 2. Restaurants, retail commercial, travel services, and other commercial uses incidental/accessing to office uses. Uses permitted subject to conditional use permit: 1 . Trade and professional schools. 2. Private recreational fields. SECTION 4 - MAXIMUM PERMITTED BUILDING DENSITY/INTENSITY The maximum authorized building densities/intensities for the Lake Center are as follows: 1. 400,890 square feet of existing and approved office and support commercial uses consistent with the site Master Plan. 2. 569,230 square feet of additional floor area. Parking structures and appurtenant uses are not included in the calculation of floor area. Figure 1 illustrates the locations of existing and proposed Master Plan of buildings. SECTION 5 - PHASING PHASE GROSS FLOOR YEAR AREA (SQ. FT.) 1. Building #1 49,040 1990 2. Building #12 56,000 1990-1991 3. Building #11 104,190 1992 4. Building #17 40,000 1992 5. Building #10 160,000 1993 6. Building #9 160,000 1994-1995 Year of development, building size and configuration are predicated on market conditions at the time of construction and are subject to change as market conditions change or as tenants become available. SECTION 6 - SIGNAGE All future on-site signs shall conform to Article XI, Subsections 41-850 through 41-1099 of the Santa Ana Zoning Code, in effect at the time of adoption of this ordinance. On-site signs shall also be consistent with an approved sign program to be Exhibit "A" Page 3 of 8 11A-6 on file with the Santa Ana Planning Division. SECTION 7 - DEVELOPMENT STANDARDS Professional and Business Offices/Commercial/Retail 1. Buildinq Heiqhts. All future on-site uses will be subject to a height limitation of 200 feet above ground level, which is defined as a measurement from the elevation of the top slab of the first floor on-grade to the top of the structure. 2. Setbacks. A minimum of 15 feet setback shall be provided between proposed on-site uses and right-of-way boundaries for the following streets: Lake Center Drive, Susan Street, Sunflower Avenue and MacArthur. A minimum ten-foot setback will be provided for uses adjacent to internal roadways. 3. Buildinq Separations. Minimum building separation shall be governed by Uniform Building Code requirements, except for parking structures which are not required to be separated from structures on separate parcels, and except for walkway covers, connecting pedestrian access and atrium connections between buildings. 4. Site Coveraoe. All building setbacks as described in 2 above. Building setbacks shall be maintained for site coverage. Site coverage for individual parcels or tracts shall be consistent with the approved precise plan, provided that the setbacks described above are maintained. 5. Parkinq. Parking within the Lake Center Specific Development will be designed to take advantage of the urban setting and balance of uses. This is represented by the mixture of similar land uses located within close proximity to transportation facilities. It is the intent of the applicant to provide parking facilities in the form of both surface parking, parking structures above and, possibly, below grade. The parking structures design shall be compatible with the surrounding land uses. The site currently has 508 surface parking spaces and 861 spaces in parking structures. Future on-site buildings will be served by a mix of surface and structure parking (approximately 1,684 parking spaces in parking structures and 289 surface spaces). Future spaces will be provided on a phase-by-phase basis consistent with projected demand coinciding with the construction of the proposed buildings. At build out, projected total parking is anticipated to be 3,342 spaces in a combination of surface and structured parking. Exhibit "A" Page 4 of 8 11A-7 a. Location of Parkinq. Required off-street parking shall be provided. When parking is provided on a site of different ownership, a recorded document shall be approved and filed with the City of Santa Ana, Planning Division, and signed by the owners of the parking site, stipulating to the reservation of use of the site for said parking. b. Joint Use of Parkino. Two or more office or commercial uses may jointly develop and utilize required parking facilities if approved by the Planning Division. Parking requirements for each individual use may be reduced through City of Santa Ana (Le. no compact stalls) as of the date of adoption with regard to surfacing, marking, grading, lighting, walls, circulation, parking dimensions, and layout. Landscaping requirements will be in accordance with this Specific Development Plan. c. Off-Street Parkinq Plan/Site Plan. A parking plan will be submitted for all projects requiring more than ten parking spaces, unless off- street parking facilities are already provided. The required number of off-street spaces may be reduced commensurate with the specific type of use and demonstrated hourly parking demand upon approval by the Zoning Administrator. For off-street parking plan areas which contain 500 or more parking spaces, a twenty (20) percent reduction may be permitted for required off-street parking, subject to approval by the Zoning Administrator. This percentage is based upon representative factors for land use as provided by the Urban Land institute's (ULI) shared parking study. The required number of off-street spaces provided may be further modified contingent upon implementation of a transportation demand management plan for Lake Center, and based upon the results of a verified transportation study, subject to approval by the Planning Division. d. Number of Reouired Off-Street Spaces. The minimum number of off-street parking spaces to be provided within the project area are as follows: Medical and Dental. Six spaces for each doctor or one space for each 200 square feet of gross floor area, whichever is greater. Professional and Business Offices. One space for each 333 1/3 square feet of gross floor area. Exhibit "A" Page 5 of 8 11A-8 Restaurants. Restaurant parking shall be in accordance with the following: Restaurants shall provide one parking space per 100 gross square feet of floor area. Outdoor dining areas may be reduced to provide one space per 200 square feet of gross floor area. Parking requirements may be waived for restaurants which primarily serve an on-site building or can be demonstrated to serve on-site users who will not drive to the site. Commercial. One (1) space for each 200 square feet of gross floor area for any freestanding commercial space larger than 3,000 square feet. Parking requirements shall be waived for commercial and service uses which primarily serve an on-site building, or can be demonstrated to serve on-site users who will not drive to the site. Trade and professional schools. One space for each 40 square feet of classroom area, plus one space for each 333 square feet of office floor area. A passenger loading and unloading zone shall be provided for each building used for instructional purposes. 6. Landscapinq Standards. All areas not used for buildings, parking or storage shall be landscaped using the following guidelines. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping, consistent with the existing landscape theme and existing improvements on-site. Plazas and courtyards shall provide a minimum of 30 percent of the area dedicated to such amenity in landscaping. The design guidelines outlined herein form an integral element in achieving distinctive development character for the project area. As phases are implemented, landscape plans shall be approved which are consistent with and implement these concepts, and are consistent with existing improvements established by a Master Plan on file with the City Planning Division. Detailed landscaping plans shall be submitted to and be approved by the City of Santa Ana Planning Division prior to issuance of a building permit and installed prior to issuance of a certificate of Use and Occupancy. Exhibit "A" Page 6 of 8 11A-9 a. Setback Areas. To create a unifying element surrounding the project area, a landscaped edge will be maintained adjacent to Lake Center Drive, Susan Street, Sunflower Avenue, MacArthur Boulevard, and interior streets. This edge will contain formal tree plants with turf below. b. Side and Rear Yard Setback Area. All building setback areas shall be landscaped utilizing ground cover, lawn, and/or shrub and tree materials consistent with existing improvements. c. Parkinq Area. In all areas where there is surface parking, the following standards shall apply: Setback - The width of the landscaped edge adjacent to parking areas shall be a minimum of ten feet from the interior rear and interior side yard property lines. Trees - A landscape planter, not less than five feet by five feet, including the thickness of the raised curb, shall be required consistent with existing improvements, at a ratio of one planter for each four parking spaces. For every ten parking spaces; each planter will require one 15-gallon size tree, 8 five-gallon size shrubs and ground cover to serve as filler materials. Other organic or inorganic materials are not accepted for substitution for ground cover or turf. 7. Enforcement. The penal provisions and permit requirements set forth in Article VIII of the Santa Ana Municipal Code (effective as of the date of adoption of this Specific Development Plan) shall apply to all development within the Lake Center Specific Development Plan. SECTION 8 - OPERATIONAL STANDARDS 1. Conditions Covenants and Restrictions (CC&R's) shall be provided which requires future tenants and property owners to participate in the required Transportation Demand Management Program and other mitigation measures as specified in the Environmental Impact Report. 2. Each future structure(s) shall be required to submit for Site Plan Review to ensure conformity with the Master Plan and certified Environmental Impact Report to provide the opportunity to apply conditions to ensure compliance. 3. Prior to issuance of a Building Permit, dedicate curb returns and ultimate street right-of-ways on Lake Center Drive and Susan Street per the approved site plan. 4. Prior to issuance of a Utility Release, complete the following: Exhibit "A" Page 7 of 8 11 A-1 0 a. Comply with all mitigation measures applicable to the approved Site Plan and as set forth in the Draft EIR, and as modified in the response to comments portion of the EIR. b. Comply with the requirements of the Development Agreement. Exhibit "A" Page 8 of 8 11 A-11 11 A-12 ORDINANCE NO. NS-2692 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 72 (SD-72) TO ALLOW OUTDOOR SPECIAL EVENTS, TO AMEND RESTAURANT HOURS OF OPERATION, TO INCREASE THE NUMBER OF MUSICIANS, AND TO AMEND THE OUTDOOR LIVE ENTERTAINMENT HOURS OF OPERATION 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 an amendment to Specific Development No. 72 (SD-72), an amendment of Conditional Use Permit No. 2003-37 for a Type 47 Alcoholic Beverage Control license, and the adoption of Conditional Use Permit No. 2005-19 at Original Mike's Restaurant located at 100 South Main Street. Applicant is proposing to: 1. To serve alcoholic beverages until 2:00 a.m. 2. To allow exterior special events on the premises 3. To allow a cover charge to enter the premises 4. To allow amplified music within the outdoor patio area. 5. Extend the hours of operation for the outdoor patio to 9:00 a.m. through 6:00 a.m. Monday through Thursday and 9:00 a.m. to 10:00 p.m. on Friday, Saturday and Sunday. 6. To allow more than a three piece band within the outdoor area. 7. To allow seven musicians with amplified instruments within the interior of the premises. B. Amendment Application No. 2005-02 has been filed with the City of Santa Ana to change Specific Development No. 72 (SD-72) to allow outdoor special events, to amend restaurant hours of operation to 7:00 a.m. and 2:00 a.m., to allow seven musicians, and to allow outdoor live entertainment Monday through Thursday from 9:00 a.m. to 6:00 p.m. and Friday Saturday and Sunday from 9:00 a.m. to 10:00 p.m. C. Zoning Ordinance Amendment No. 2005-02 came before the Planning 11 B-1 Commission of the City of Santa Ana for a public hearing on June 13, 2005. The Planning Commission voted by a vote of 6:0 (Leo absent), to recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2005-02. D. The Planning Commission determined that Amendment Application No. 2003-09 is consistent with the General Plan, including but not limited to its goals and policies to: 1. Support live/work opportunities within specifically defined areas (Policy 1.2). 2. Protect and enhance development sites and districts which are unique community assets that enhance the quality of life (Goal 4.0). 3. Encourage development which is compatible with, and supportive of surrounding land uses (Policy 5.5). 4. Promote development which has a net community benefit and enhances the quality of life. (Policy 5.1). B. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on July 5, 2005. The City Council also adopts as findings all facts presented in the Request for Council Action dated July 5, 2005 accompanying this matter. C. For these reasons, and each of them, Amendment Application No. 2005-02 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. Section 2. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt. No further environmental review is needed. Environmental Review No. 2005-66 will be filed for this project. Section 3. The amendments to Specific Development No. 72 (SD-72) as attached to this Ordinance, is hereby approved and adopted. 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. 11 B-2 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: 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-2692 to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 B-3 SPECIFIC DEVELOPMENT NO. 72 (First and Main) SECTION 1 APPLlCABLlTY OF ORDINANCE The specific development zoning district for the subject property, as authorized by Chapter 41, Division 26, Section 41-593 et seq., of the Santa Ana Municipal Code, is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code shall apply unless expressly waived or superseded by this ordinance. SECTION 2 PURPOSE This Specific Development Plan No. 72 (SO 72) sets forth the development and design criteria for the project known as the Artist Gateway, a mixed used development consisting of approximately 1.7 acres. The purpose of this Specific Development Plan is to permit maximum flexibility in site planning and design to respond to market while assuring high quality development and implementing the goals of the General Plan. SO 72 specifically will establish the following: a. The authorized uses for the site; b. Maximum authorized development densities; c. Development and operational standards including: I. Architectural Design ii. Parking requirements III. Setback requirements iv. Building height limits v. Maximum site coverage VI. Landscaping and signage standards VII. Public and Private Open Space viii. Enforcement policies IX. Signage 11 8-4 SECTION 3 OBJECTIVES The SD-72 use district is hereby established for the express purpose of protecting the health, safety, and general welfare of the people of the City by promoting and enhancing the value of properties and encouraging orderly development including: a. Flexibility of development in response to market conditions, while achieving overall City and community goals. b. Creation of live/work opportunities and moderately priced new housing that encourage the arts and freelance market. c. Capitalize on the Historic Downtown revitalization, the Artist Village, and the live/work loft projects in the immediate area to allow an opportunity for additional live/work possibilities. d. A visually harmonious development as viewed both internally and externally. e. A circulation system that is responsive to the needs of both vehicular and pedestrian travel. f. Landscaping that is appropriate to the level of development and sensitive to the surrounding community. g. Create an enhanced access to downtown that promotes a walkable community, which will assist in the revitalization the local area. SECTION 4 LOCATION The Specific Development Plan No. 72 includes 1.7 acres and is located at the southwest corner of First and Main Streets, bordered by Walnut and Sycamore Streets. The historic United Automotive building occupies the northeast corner of the project site. On-site parking is provided on the remainder of the project site. Santa Ana's historic Downtown is located immediately to the north of this development area. The Downtown area is a harmonious blend of historic buildings, the emerging Artist Village, as well as live/work possibilities and a culturally enriched retail market. This intersection also is recognized as a gateway that leads directly into the Downtown and civic center area. SECTION 5 USES PERMITTED a. Retail and service uses, excluding bail bonds. b. Commercially operated professional studios c. The following creative arts uses: I. Fine arts studios and/or galleries 11 8-5 II. Fiber arts studios and/or galleries III. Printing, lithography and calligraphy facilities iv. Photography studios d. Restaurants, cafes, and eating establishments, other than those specified in Section 6, excluding eating establishments with drive- thru window service, adult entertainment businesses as defined in SAMC section 41-1701.6, night clubs as defined in Chapter 11 and heavier commercial uses such as auto sales or repair, rental yards and hospitals shall be prohibited in the SO. e. Ancillary banquet facilities, subject to development and operational standards set forth in section 41-199.1. f. Cyber cafes as defined in Santa Ana Municipal Code (SAMC) 41- 45, as an ancillary use to a restaurant, provided they are carried on in accordance with sections 41-198.200 of the SAMC as it may be amended from time to time, and provided a ministerial land use certificate is first obtained in accordance with sections 41-675 through 41-677 of the SAMC. With the exception of Section 41- 198.200 (d), which states "No persons shall be permitted to consume alcohol on the premises" shall not be applied to Land Use Certificates issued for properties within the Specific Development No. 72. SECTION 6 CONDITIONALLY PERMITTED USES a. Fourteen (14) Live/work units. b. Nine (9) housing units. c. Ceramic and pottery studios. d. Glass blowing and sculpturing studios e. On-site alcohol beverages control license as an ancillary f. use, in conjunction with an eating establishment. f. Banquet facilities, as a primary use, subject to development and operational standards set forth in section 41-199-.1. g. Retail markets having less than twenty thousand (20,000) square feet. h. Indoor/Outdoor Entertainment as defined in Chapter 41 of the SAMC. 11 8-6 SECTION 7 DEVELOPMENT STANDARDS a. Standards for Commercial Development i. Unless expressly waived or superseded by this ordinance, all commercial development shall comply with the provisions as outlined within Chapter 41, Article 111, Division 13, C2 (General Commercial), of the Santa Ana Municipal Code as it may be amended from time to time. b. Standards for Live/Work Development I. Building height in Specific Development 72. No structure shall exceed forty- five (45) feet in height. ii. Yard requirements Specific Development 72. 1. A setback of not less than 15 feet shall be required for any new commercial building. 2. A setback of not less than five (5) feet along any property line to the extent it serves to separate any off- street parking area from the street. III. Development Density in Specific Development 72 1. The floor area ratio for commercial development may not exceed 1.0. Additional Development Standards Development standards for SO 72 will be refined in conjunction with the anticipated live/work project through an amendment. This will include architectural design, setbacks and side yard requirements, building height limits, maximum site coverage, private and public open space, guest and customer parking requirements, landscaping standards, signage standards, and public and private open space. The restaurant must be maintained as a bona fide eating establishment. An eating establishment as defined by the Alcoholic Beverage Control Board and the Planning Commission must include the following items: a. One conventional range/oven b. An automatic dishwasher c. A double sink 11 B-7 d. A 25 cubic foot refrigerator e. A four-foot by six-foot food preparation area f. The restaurant shall provide a grease interceptor and garbage disposal. Off-street parking for Specific Development No. 72 a. The minimum off-street parking requirements for restaurants, cafes and other eating establishments are as follows: ten (10) spaces for each one thousand (1,000) square feet of gross floor area, including the open-air, plaza dining area. b. The minimum off-street parking requirements for retail and service uses not otherwise specified in this division are as follows: five (5) spaces for each one thousand (1,000) square feet of gross floor area. c. Parking for the residential units shall be provided at a rate of one and a half (1.5) spaces per unit. One space per unit must be located in a garage. Accessible guest parking at a rate of ten (10) percent of the total number of parking spaces shall be provided. d. Dedicated parking spaces shall be provided for the existing rental housing component. Landscape Requirements for Specific Development No. 72 a. A minimum five-foot landscaped front yard setback is required within the parking areas along First Street, Main Street, Walnut Street, and Sycamore Street. b. The pedestrian plaza area should incorporate a double row of trees or a specific pattern designed to lead pedestrians through the plaza to the adjacent entrance of the building. c. Vehicular parking may not be located within any required landscaped area. d. A combination of trees and shrubs as identified in the commercial landscape standards shall be used on all street frontages. The on-site tree should be the same or complement the designated street tree for that particular street. Vines, such as Boston Ivy, shall be used on the trash enclosure. 11 8-8 Public Art in Specific Development 72 The plaza/courtyard area shall provide amenities that encourage pedestrian use such as seating area and objects of public art. If water features are included in the plaza/courtyard area or other landscaping areas, the water feature shall use non-potable or recycled "gray water" and specialized equipment to conserve water. The amenities provided shall be reviewed and approved by the Planning Division as part of the site plan review process. Pedestrian Plazas and Walkways Specific Development 72 A pedestrian plaza is required in conjunction with the restaurant. The plaza area shall be a minimum of 50 feet by 125 feet and abut on the west elevation of the United Automotive Building. The plaza area shall be enhanced, incorporating decorative paving and shall be enclosed with a decorative wrought iron fence. The applicant will need to execute a Right- of-Entry and License Agreement with the City to develop the plaza area on this parcel. Interior primary pedestrian walkways shall be a minimum of eight feet wide and decorative in design. Walkways are those that connect a pedestrian from the parking area to the front entry. A four-foot handicap accessible walkway is to be provided throughout the interior sidewalks and courtyard/plaza areas. The primary entrance door to the restaurant shall be located at the north vestibule entry located on the west elevation to the building restaurant. This entrance shall include an interior sound curtain to mitigate interior restaurant ambient noise levels to the exterior. All doors on the west elevation shall remain closed during business hours. Outdoor Special Event Requirements for Specific Development No. 72 a. Outdoor special events shall be subject to the requirements set forth herein. The Santa Ana Municipal Code sections pertaining to land use certificates shall not apply to this zoning designation. b. Outdoor special events shall be limited to antique car shows, vintage car shows, motorcycle shows and art exhibits. Similar uses may be submitted to the Planning Manager for review and approval. c. Outdoor special events shall be limited to Saturday, Sundays and Monday Holidays only. Monday holidays include Martin Luther 11 8-9 King Day, President's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day and New Year's Day. d. Hours of operation for outdoor special events shall be limited to between the hours of 7:00 a.m. and 10:00 p.m. e. Outdoor special events shall be limited to no more than six days per month and may occur on Saturday, Sunday and/or Monday holidays. SECTION 8 OPERATIONAL STANDARDS a. The existing United Automotive Building is listed in the Santa Ana Register of Historical Property and has been categorized as Contributive. Fac;ade changes or modifications to structures listed on the Santa Ana Register of Historic Properties are subject to review by the Historical Resources Commission. Any new construction or modification, or building relocation requires City review and building permits. b. The operation of any restaurant shall be permitted between the hours of 7:00 a.m. and 2:00 a.m., seven days a week. Additionally, there shall be no business operations between 2:00 a.m. and 5:00 a.m. c. Indoor live entertainment shall be limited to a maximum of seven musicians with amplified instruments and shall not exceed the noise standards set forth in SAMC 18-308 through 18-321. d. The doors on the west side of the facility will be required to remain shut at all times except for ingress/egress purposes. Outdoor live entertainment shall be allowed Monday through Thursday from 9:00 a.m. to 6:00 p.m. and on Friday, Saturday and Sunday from 9:00 a.m. to 10:00 p.m., shall be limited to a maximum of five musicians with amplified instruments, including no brass or percussion, and shall not exceed the noise standards set forth in SAMC 18-308 through 18- 321. The musicians shall be located on the south portion of the pedestrian plaza area only. e. Any public dance hall, dance place or public dancing place as defined in Chapter 11 of the SAMC will be subject to Police Department approval and be subject to all standards set forth in Chapter 11 of the SAMC. f. All banquet uses must conform to the operational standards set forth in Section 41-199.1 of the SAMC, including ancillary banquet uses 11 B-1 0 intermittently associated with full service sit-down restaurants. g. The new infill residential component is permitted only in combination with individual studios in a manner that provides an integrated working and living environment. h. All live/work units shall be at least one thousand (1000) square feet in size. I. The residential component of a live/work unit shall meet the following standards: I. It shall have a space of at least five hundred (500) square feet of residential living area. II. It shall have access to separate bathroom facilities, including a water closet, a wash basin, and a bathtub or shower. III. 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. iv. It shall comply with all Housing Code requirements as modified by section 8-2700 of the Santa Ana Municipal Code. v. Each individual unit shall accommodate facilities for a washer and dryer. j. The existing rental housing component shall meet the following standards: I. It shall have a space of at least three hundred and eighty-two (382) square feet. ii. It shall have access to separate bathroom facilities, including a water closet, a wash basin, and a bathtub or shower. III. 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. IV. It shall comply with all Housing Code requirements as modified by section 8-2700 of the Santa Ana Municipal Code. 11 8-11 SECTION 9 SIGNAGE STANDARDS All signage shall comply with the provisions as outlined within Chapter 41, Article XI, "On-Premise Signs" of the Santa Ana Municipal Code as it may be amended from time to time. A planned sign program, pursuant to Sections 41-880 through 41-884 of the Santa Ana Municipal Code, shall be required for all buildings to ensure sign compatibility SECTION 10 PLANNING COMMISSION AND CITY COUNCIL APPROVALS This is a key area for future development and this project will set the example for all subsequent residential development in the area. To ensure the quality of the design and the architectural style, as well as the layout of the units, any new development project will require Planning Commission and City Council approvals. 11 8-12 L ( CITY COUNCIL COMMITTEE ON NEIGHBORHOOD IMPROVEMENT/CODE ENFORCEMENT Meeting Minutes May 24, 2005 CALL TO ORDER The meeting was called to order at 5:40 p.m. in Conference Room 1602, City Hall Ross Annex. ATTENDANCE The following Council members were present: Lisa Bist and Alberta Christy Council member Carlos Bustamante excused absence Staff present were: Jay Trevino, Executive Director/Planning and Building Agency; Kenneth Adams, Assistant Director/Planning and Building Agency; Ben Kaufman, Chief Assistant City Attorney; Bruce Dunams, Community Preservation Manager; and Estella Rodarte, Senior Community Preservation Inspector. AGENDA ITEMS 1. APPROVAL OF MINUTES - APRIL 26,2005 MEETING Approved by a vote of 2:0 (Bustamante absent) 2. VENDING TRUCK ORDINANCE UPDATE Bruce Dunams gave a comprehensive review of Phase I of the Mobile Vending Truck ordinance. This review led into an overview of the proposed Phase II ordinance (Exhibit 1). Major discussion issues focused upon revocation procedures and policy, vending location policy and vending location assignments using alternate lottery proposals. Each of the above topics led to significant dialogue with the council committee, staff and public constituency involved. Staff was directed to complete its work on refining the policy implications of the issues that were discussed and meet with vending association to get their feedback. Staff was directed to bring its revisions back to the committee at its next meeting. 3. DEPUTY COUNTY HEALTH INSPECTION PROGRAM UPDATE Item continued to the next meeting due to the absence of Council member Bustamante. 4. LEGAL DETERMINATION OF ICE CREAM TRUCKS AS MOBILE VENDING UNITS Ben Kaufman provided a legal synopsis of the ice cream truck ordinance and its evolution during the litigation with the cities of Fullerton and Anaheim. It was his legal recommendation that the committee not fold the ice cream vendors in the mobile vending truck ordinance since the intent of the ice cream trucks is supposed to the short duration shorts in the neighborhood community. 138-1 ( Although he acknowledged that there were overlapping issues, he felt the primary issues facing the community regarding the two industries were clearly distinctive. The committee members clearly felt there was an over concentration of ice cream truck vendors in certain areas of Santa Ana (Brooke and Camille streets in particular) and if there were any legal options to reduce the number of ice cream trucks permitted in an area for a given period. 5. GARAGE PRE-SALE INSPECTION PROGRAM Bruce Dunams provided a review of the recently proposed pre-sale inspection ordinance that developed approximately five years ago and reviewed as recently as 2003. He elaborated on the specific policy issues related to the development of the proposal and the strong local resistance of any such program by the local realtors association. The committee directed staff to outline a program which would only evaluate garages as part of a pre-sale inspection program. The intent is to outline the parameters of a program that could be introduced to the entire council for discussion. 6. PUBLIC COMMENTS Julie Stroud requested the committee evaluate the Los Angeles ordinance regarding grocery cart retrieval. She suggested that it may be a legal option that the city may wish to consider. L 7. COMMITTEE MEMBER COMMENTS - None 8. ITEMS FOR NEXT MEETING A. Deputy County Health Inspection Program Update B. Mobile Vendor Truck Ordinance Discussion C. Garage Pre-Sale Inspection Program D. Shopping Cart Ordinance Discussion 9. NEXT MEETING DATE: Tuesday, June 28,2005 ADJOURNMENT - 7:35 P.M. _\~~~ Kenneth Adams Assistant Director Planning & Building Agency S:Council CommlNICE CC/NICE Minutes 05-24-05 ( Neighborhood Improvement/Code Enforcement Council Committee Minutes 2 May 24,2005 138-2 L ( Mobile Vehicle Vending Phase II May 24, 2005 '. Annual Permit R.evocation (3 violations - 12 rnontI:t" Transient Time Limits 90 minutes in one location. I Must move minimum 500 feet. Can not retumto same block same day. Vending Locations Site criterium/approval. Vend from right side only. 35 mph max speed on street for vending. Towing Mechanism Vending Station Assignments Lottery/Seniority Outstanding Issues GPS Health Department Signage control through permit process Ice Cream Trucks . . . . .. . . Ex:litl~rc~ ; 1-38-3 138-4 REQUEST FOR COUNCIL ACTION ~ ~~ CITY COUNCIL MEETING DATE: JULY 18, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACTS RENEWAL FOR MISCELLANEOUS COLOR PLANTS AND NURSERY SUPPLIES (SPEC. NO. 02-060) 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 v O~. CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Renew the contracts for miscellaneous plants and nursery supplies for a one-year period in the annual amounts as follows: Vendor: Amount: D and N Plants Village Nurseries $10,000 $25,000 DISCUSSION Color plants and nursery supplies such as ground cover, soil and fertilizer are used extensively in the maintenance of City facilities. Various departments require a wide range of materials for repair or improvement projects. The contracts for color plants and nursery supplies are designed to provide quality products at significant savings based on quantity pricing. On July 15, 2002, the City Council awarded contracts for miscellaneous color plants and nursery supplies to D and N Plants and Village Nurseries for a two-year period with provision for two one-year renewals. D and N Plants and Village Nurseries continue to maintain the lowest prices available, and have performed satisfactorily during the past contract period. Staff recommends the final renewal of the contracts. 22A-1 CS 383 Contracts Renewal for Miscellaneous Color Plants and Nursery Supplies (Spec. No. 02-060) July 18, 2005 Page 2 FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391). APPROVED AS TO FUNDS AND ACCOUNTS: UPlJ Gerardo Mouet! Executive Director Parks, Rec. & Comm. Svcs. Agency ~~~ \ hi" 1 ') ~-% :-Q ~ranci~co G~tierrez ~J Executlve Dlrector rv Finance & Mgmt. Services Agency GM/WO/02-060-R.8:uc 22A-2 REQUEST FOR COUNCIL ACTION ~ -~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 18, 2005 TITLE: CONTRACT RENEWAL FOR WATER RESOURCES PIPE (SPEC. NO. 02-090) 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 \,-6 ClU1a CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Renew the contract with Hughes Supply, formerly Marden Susco for the purchase of Polyvinyl Chloride pipe for a one-year period in an annual amount not to exceed $25,000. DISCUSSION The Water Resources Division of the Public Works Agency uses polyvinyl chloride (PVC) pipe in areas where acidic soil conditions exist. PVC pipe is more resistant to these conditions and is used instead of ductile iron pipe, whenever possible. The pipe is purchased through the Central Stores warehouse for distribution to the Public Works Agency. The contract for PVC pipe is designed to provide quality products at significant savings based on quantity pricing. On July 15, 2002, the City Council awarded a contract to Hughes Supply, formerly Marden Susco for a one-year period with provision for three one-year renewals. The vendor has agreed to renew the contracti however, the vendor has requested a 11 percent increase due to increases from the manufacturer as a result of rising costs for petroleum based products. The vendor has performed satisfactorily during the past contract period, and staff recommends the final renewal of the contract. 228-1 CS JH:J Contract Renewal for Water Resources Pipe (Spec. No. 02-090) July 18, 2005 Page 2 FISCAL IMPACT Funds are available in the Water Utility Water System Maintenance Operating Materials & Supplies account (account no. 64-575-6391). APPROVED AS TO FUNDS AND ACCOUNTS: }~~(~~ j'"'lJames G. Ross [)Executive Director Public Works Agency 1'" ~\\"'\'C\~~ ~r ., 'i\1'~;-.lL ~ ~ Francisco Gutierrez kf Executive Director f Finance & Mgmt. Services Agency JGR/WO/02-090-R.9:uc 228-2 REQUEST FOR COUNCIL ACTION ~ \~:d\H>lltlon 1st) --,~ CITY COUNCIL MEETING DATE: JULY 18, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACTS AMENDMENT FOR EQUIPMENT RENTAL AND CONCRETE (SPEC. NO. 04-127) 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 ,~ affa CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Amend the contracts to increase the equipment rental and concrete for $70,000 with the following vendors: aggregate an annual limit amount by $35,000 for not to exceed Vendor: Location: Rental Service Corporation Sunstate Equipment Co. LLC United Rentals North West Inc. Santa Ana Anaheim Santa Ana DISCUSSION City agencies rent equipment and purchase small batch concrete for special proj ects as well as for a wide variety of routine duties. It is cost-effective for the departments to rent equipment for a one-day project in lieu of purchasing the equipment. Rentals include, but are not limited to: manlifts, generators, chain saws, skid steer loaders, sod cutters, stake bed trucks with lift gates, carpet cleaners, plumbing power snakes, electric rotary hammers, concrete trailers with double axles and electric scissors. Concrete is purchased as batch plant mix in quantities of one-half yard to two yards. The small batches of concrete allow quick and easy use for repair projects where ordering a truck load is cost prohibitive. 22C-1 38j Contracts Amendment for Equipment Rental and Concrete (Spec. No. 04-127) July 18, 2005 Page 2 As agencies continue to utilize City staff to handle special and routine repair proj ects over contracting for services, the rental of equipment for short-term periods over purchasing equipment continues. Staff requests approval to increase the aggregate limit for the recommended vendors to allow for uninterrupted services. FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391). . , \, \. 1 ==\.~t\..~ \~1 ~ n I.-...r~~ :> ~<rFrancisco Gutierrez Executive Director ~ Finance and Management Services Agency FGjKMj04-127-A.2:uc 22C-2 REQUEST FOR COUNCIL ACTION .~ (fd\1t'allOIl J-;{ ""~ CITY COUNCIL MEETING DATE: JULY 18, 2005 TITLE: CLERK OF COUNCIL USE ONLY: CONTRACT AWARD FOR ASPHALT CONCRETE MATERIALS (SPEC. NO. 05-066) 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 ,~ Mzez CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to Vulcan Materials Co., a Santa Ana vendor, for asphalt concrete materials for a one-year period with provision for three one-year renewals in an annual amount not to exceed $100,000. DISCUSSION The Public Works Agency performs a variety of maintenance and repairs on the City's water systems and streets. As such, the Public Works Agency requires an assortment of road materials. Asphal t concrete is the principal component utilized when repairing any asphalted surface. The notice inviting bids was advertised on May 18-20, 2005, and bids were solicited. A summary of the bid invitations and bids received is as follows: 11 Invitations For Bid mailed 2 Invitations For Bid mailed to Santa Ana vendors 1 Bid received from a Santa Ana vendor Bids were received, opened on June 14, 2005, and evaluated. The bid received from Vulcan Materials Co. is responsive to the specifications and meets the City's requirements. The annual amount is based upon past usage and staff's projection for the next year. 220-1 )tJJ Contract Award for Asphalt Concrete Materials (Spec. No. 05-066) July 18, 2005 Page 2 FISCAL IMPACT Funds are available in the various departmental Operating Materials and Supplies accounts (object code 6391). The amount of the contract is estimated, as the actual expenditures will depend upon the requirements throughout the annual period. APPROVED AS TO FUNDS AND ACCOUNTS: C -J'h' 0!J--c -(~James G. Ross ') Executive Director Public Works Agency ~ "{\\t)~~'\ ~r A ') ~':i:~~.lJ-> 10 Franci~co G~tierrez (': ( Executlve Dlrector rw Finance & Mgmt. Services Agency JGR/WO/05-066.9:uc 220-2 REQUEST FOR COUNCIL ACTION ~ \~~?,,\ ~~ ~ CITY COUNCIL MEETING DATE: JULY 18, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT AWARD FOR MISCELLANEOUS CONSTRUCTION MATERIALS (SPEC. NO. 05-072) 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 '1~ r:24cz CITY MANAGER CONTINUED TO -- FILE NUMBER RECOMMENDED ACTION Award contracts for miscellaneous construction materials for a one-year period, with provision for four one-year renewals, in the following annual amounts not to exceed: Vendor: Location: Amount: The Home Depot Ganahl Lumber Company Santa Ana Buena Park $95,000 $25,000 DISCUSSION Construction materials such as lumber, electrical and plumbing supplies, hardware, and fixtures are used extensively in the maintenance of City facilities. Various departments require a wide range of materials for repair or improvement proj ects. To help ensure that all necessary materials are available when required, staff recommends awarding a contract to two vendors. The notice inviting bids was advertised on June 3 and 6, 2005, and bids were solicited. A summary of the bid invitations and bids received is as follows: 15 Invitations For Bid mailed 8 Invitations For Bid mailed to Santa Ana vendors 2 Bids received 1 Bid received from a Santa Ana vendor 22E-1 CS 383 Contract Award for Miscellaneous Construction Materials (Spec. No. 05-072) July 18r 2005 Page 2 Bids were receivedr opened on June 28r 2005r and evaluated by pricer range of commodities r and vendor location. The bids received from The Home Depotr a Santa Ana vendorr and Ganahl Lumber Co. are responsive to the specification. Annual amounts are based upon past usage and staffrs projection for the next year FISCAL IMPACT Funds are available in the various departmental Maintenance & Repair of Buildings & Grounds accounts (object code 6261). ~\.'\\~:~~)..~ ~~-: L---> .ckFranci~co G~tierrez tCJ ~~'Executlve Dlrector r Finance and Management Services Agency FG/WO/05-072.2:uc 22E-2 REQUEST FOR COUNCIL ACTION ~ Sfdul'allOn lst';< ~,~ CITY COUNCIL MEETING DATE: JULY 18, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT AWARD FOR REPLACEMENT POLICE PATROL SEDANS (SPEC. NO. 05-078) 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 \\>1 ~ CI MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to Wondries Fleet Group, under the Cooperative Purchase Provision of Los Angeles County, for the purchase of 12 police patrol sedans in the amount of $294,003.90. DISCUSSION The City's Fleet Maintenance Division maintains a replacement schedule for police patrol type vehicles that have accumulated at least 70,000 miles. The vehicles operate a minimum of 8 -12 hours per day, often double shifts, under City conditions. As a result, each vehicle is eval uated based on age, mileage, and increased downtime. 12 patrol type vehicles have been identified and approved for replacement for fiscal year 2005-2006. Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The County of Los Angeles contract with Wondries Fleet Group for police patrol sedans was awarded as a result of open, competitive bidding, and meets the City's requirements. FISCAL IMPACT Funds are available in the Fleet Services Equipment Replacement Machinery & Equipment account (account no. 76-145-6641). ~ .+~~{'.\~) ~ ~':- <L'-" Francisco Gutierrez vJ Executive Director t Finance and Management Services Agency FG/KM/05-078.2:uc 22F-1 CS 38:1 22F-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: JULY 18, 2005 TITLE: APPROVED r{X ?l k~/~ . ;..z", I ... ~~j-( F-- CITY ANAGER 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 AGREEMENT FOR 9-1-1 EMERGENCY PHONE SYSTEM 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 Positron Inc., for the purchase and installation of a new 9 -1-1 Emergency Phone System in the Police Department's communication center in an amount not to exceed $225,000. DISCUSSION The Police Department is in the process of upgrading its communication center with a new Computer Aided Dispatch System (CAD). Integrated into the CAD will be a new 9 -1-1 Emergency Phone System. Positron Inc. was selected as the vendor to provide both the CAD and 9-1-1 Emergency Phone System. By integrating these two compatible systems, dispatchers will be able to trace, locate, and return phone calls from community members requesting emergency services. The new phone system will be capable of providing dispatchers with the location of individuals who are using either hard-wired or cellular telephones. Positron Inc. is also an authorized California Multiple Award Schedules (CMAS) contractor. The CMAS offers a variety of commodity and information technology products and services at prices that have been assessed to be fair, reasonable, and competitive. The California 9-1-1 Emergency Communications Office has set up a grant account for the purchase of the Emergency Phone System. The 9 -1-1 Emergency Communications Office will make a direct payment to Positron Inc. for the entire cost of the phone system. 25A-1 Emergency 9-1-1 System Agreement July 18, 2005 Page 2 FISCAL IMPACT Funds are appropriated in the State 9-1-1 grant (account no. 128-324-6641). The State of California's 9 -1-1 Emergency Communications Office will pay the vendor directly. APPROVED AS TO FUNDS AND ACCOUNTS: J , ~r--, / ' , C,--,-<- "'- ~L Paul M. Walters Chief of Police Police Department ''\'\C''l~~t'L) ~ ~O^-' Francisco Gutierrez Executive Director Finance & Mgmt. Services ff Agency 25A-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: JULY 18, 2005 TITLE: APPROVED AGREEMENT RENEWAL FOR SEXUAL ASSAULT EVIDENCE COLLECTION D As Recommended D As Amended D Ordinance on 1st Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For '41;.{2- ITY 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 Anaheim Memorial Medical Center for acute sexual assault exams and evidence collection services. DISCUSSION The Police Department uses the services of the Anaheim Memorial Medical Hospi tal to conduct sexual assault examinations and evidence collection for adult victims and suspects. The costs for services are $ 650 per victim exam, $100 per victim follow-up examination, and $150 per suspect examination. Results from these tests and evidence collection are necessary for the prosecution of criminal cases. Anaheim Memorial Medical Hospital is the only facility in the county performing rape and sexual assault examinations of adults for prosecution purposes. The Police Department has utilized their services for these purposes since 1995. FISCAL IMPACT Funds are available in the Crimes Against Persons Other Contractual Services Account (account no. 011-341-6291). APPROVED AS TO FUNDS AND ACCOUNTS: !~{ lL/I~ ~~~~~, )~L Francisco Gutierrez Executive Director Finance & Mgmt. Services AgenC~~ Paul M. Walters Chief of Police Police Department 258-1 258-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 18, 2005 TITLE: ~1.) QMa- CITY MANAGER APPROVED D As Recommended D As Amended D Ordinance on 151 Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For AGREEMENT WITH ANTECH DIAGNOSTICS FOR VETERINARY LABORATORY SERVICES 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 Antech Diagnostics to provide veterinary laboratory services for the Santa Ana Zoo at Prentice Park for a one-year period in an amount not to exceed $13,000. 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. Antech Diagnostics will serve as the primary diagnostic laboratory for the Zoo's exotic animal collection and provide laboratory services including tissues culture samples, parasite screenings, and pathology reports for sick and dead animals. The results of these tests are used by Zoo staff and veterinarians to prescribe treatments and help prevent the spread of disease. FISCAL IMPACT Funds are available in Santa Ana Zoo at Prentice Park Other Contractual Services account (account no. 11-247-6291). APPROVED AS TO FUNDS & ACCOUNT Gerardo Mouet Executive Dire tor Parks, Recreat10n and Community Services Agency '1 . ~ ~ ':\\~\'N- \I ~l". , 1~ ~ 0 ~ Francisco Gutierrez - Executive Director Finance and Mgmt. Services AgenC~- 25C-1 25C-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 18, 2005 TITLE: AMENDMENT TO AGREEMENT WITH GEOMATRIX CONSULTANTS, INC. FOR NATIONAL POLUTION DISCHARGE ELIMINATION SYSTEM INSPECTION SERVICES 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 Clerk of the Council to execute an amendment to the agreement with Geomatrix Consultants Inc. in the amount of $100,000 for a total contract in the amount of $500,000 to provide National pollution Discharge Elimination System inspection services. DISCUSSION The Public Works Agency is responsible for the implementation of the City's National Pollution Discharge Elimination System stormwater permit. In accordance with the City's permit requirements, all high priority industrial sites need to be inspected annually, medium priority industrial sites inspected semi -annually, and low priority commercial sites inspected once every three years. On October Consultants Although the increase in October 2005 4, 2004 City Council approved a contract with Geomatrix Inc. for inspection of commercial and industrial facilities. City had met the required timelines set by the permit, an the contract amount is needed to complete this task by as outlined in the City's stormwater permit. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 250-1 Amendment to Agreement with Geomatrix Consultants, Inc. July 18, 2005 Page 2 FISCAL IMPACT Funds are available in the Federal Clean Water Enterprise (account no. 57-635-6291) . ~ ~Pl< APPROVED AS TO FUNDS AND ACCOUNTS: '::l,.~~~'l:>~ 'J ~ . Francisco Gutierrez Executive Director 0_ / Finance & Mgmt. Services AgenC~~ James G. Ross Executive Director Public Works Agency 250-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 18, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For NEWPORT BAY WATERSHED COOPERATIVE AGREEMENT WITH COUNTY OF ORANGE ;:7 /) //v 0 L{:' t'<. ANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize an annual amount not to exceed $300,000 pursuant to the Newport Bay Watershed Cooperative Agreement with the County of Orange. DISCUSSION On June 16, 2003 the City Council approved a five year cost sharing agreement with the County of Orange for the Newport Bay Watershed studies. The agreement was estimated to cost a maximum of $200,000 for the first two years. In addition it provided a long term funding strategy for implementing the recommendations of the studies. Based on new budget projections, Santa Ana's share of the costs for the next three years is estimated at $300,000 annually. The additional costs are due to a recent order from the Santa Ana Regional Water Quality Control Board to regulate nitrogen and selenium discharges into the Upper Newport Bay. The County of Orange is the lead agency on the studies and will be the main interface with the Board on the issues. ENVIRONMENTAL IMPACT In accordance with proposed request is requested. the not California Environmental Quality considered a proj ect. No further Act, the action is 25E-1 Newport Bay Watershed Cooperative Agreement With County Of Orange July 18, 2005 Page 2 FISCAL IMPACT Funds for fiscal year 05/06 are budgeted and available in the Federal Clean Water Protection Fund (account no. 57-635-6291). Funds for future years will be included as part of the City's future budget proposals. APPROVED AS TO FUNDS AND ACCOUNTS: t~1/JA~ Urn~A;A James G. Ross Executive Director Public Works Agency \-lli~: ~r U ~-&.. L Q _ Francisco Gutierrez Executive Director / Finance and Mgt. Services Agency t~ - 25E-2 REQUEST FOR COUNCIL ACTION (~.i ~~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 18, 2005 TITLE: SECOND AMENDMENT TO AGREEMENT WITH DOUGHERTY + DOUGHERTY FOR CITY FACILITY IMPROVEMENTS ~ 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 CITY MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a second amendment to the agreement with Dougherty + Dougherty to design and construct City facility improvements in an amount of $760,000 for a total agreement not to exceed $921,090. DISCUSSION On August 16, 2004, the City Council accepted a $15 million Urban Area Security Initiative (UASI) 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 improvements approved and authorized by the Office of Disaster Preparedness. The City has received authorization for two proj ects to improve city facilities - upgrading the training room at the City Yard to serve as the Emergency Operations Center, and the installation of security bollards at the Santa Ana Train Station. Emergency Services integrators (ESi) of Augusta, GA performed a facility assessment to locate the City's Emergency Operation Center (EOC) on the second floor of the Administration Building of the Corporate Yard at 220 S. Daisy Street. The existing training room is capable of providing the essential elements required for an EOC. Improvements to the training room include raised access flooring, reinforcement of glass windows, and modification of the existing lighting, security and electrical systems. In addition a separate generator will be installed to serve the EOC. 25F-1 Second Amendment To Agreement With Dougherty + Dougherty For City Facility Improvements July 18, 2005 Page 2 A report prepared by the Santa Ana Police Department recommended installation of vehicle barrier bollards at the perimeter of the train station. These will include decorative bollards as well as raised planters and will meet federal standards for protection of this facility. An additional project to be included in this contract is the installation of a fountain on 2nd Street between Broadway and Sycamore. Chiarini Marble and Stone, a Santa Ana business, donated portions of the proposed fountain. The improvements includes construction of the fountain pool with the donated travertine centerpiece, seat wall caps and seat wall veneer as well as the installation of a new mechanical and electrical system. Dougherty + Dougherty have been retained by the City to perform Architectural Design Services for three park improvement projects including EI Salvador Center, Santiago Park Wildlife and Wetlands Interpretive Center, and Centennial Park Playground. They have the expertise and the manpower to design and construct the facility improvements and to meet the required schedule of the grants. It is anticipated that these improvements will be completed by November 2005. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for the proposed improvements are available in the UASI Grant Fund (account no. 125-320 & 125-067 various object accounts) and in the Community Development Agency Maintenance Fund (account no. 407-933-6631) APPROVED AS TO FUNDS AND ACCOUNTS: ~~ -OJ~James G. Ross ~v 'Executive Director Public Works Agency ~~~t"l~-C~ ~" ~ Francisco Gutierrez . Executive Director fJ Finance & Mgmt. Services Agency/~ -'- Whitaker irector Development Agency 25F-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 18, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For AMENDMENT TO AGREEMENT FOR COLLECTION AND RECYCLING HOUSEHOLD HAZARDOUS WASTE /', // ( / ///, /)" , / '7' . " ,/' ,-,/ ,/ \ . / ", {/('/[.<. .,~'/'j., ~-<':j'-~~,---_' CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Curbside Inc. for collection and recycling household hazardous waste. DISCUSSION Last year the City was awarded a grant from the State Integrated Waste Management Board for collection and recycling household hazardous waste. With the grant, residents would be allowed to dispose of their paints, pesticides, chemicals and other household products during the neighborhood cleanups coordinated by Neighborhood Improvement. The City hired Curbside Inc. to provide the required services including collecting the waste, packaging it for transport and recycling the waste as appropriate. Curbside's services will continue through the thirty-two month term of the grant. Due to the volume of household hazardous waste put out at the curbside during the neighborhood events, the State has recommended and the contractor has agreed to provide these services on an appointment basis. This will allow residents to gather and put their waste out for collection at an agreed upon time, still providing residents with a convenient method of removing these products from their homes and garages. 25G-1 Amendment to Agreement for Collection and Recycling Household Hazardous Waste July 18, 2005 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT With this amendment the contractor will be reimbursed on a per-stop basis instead of a per event basis. The amount of the grant will remain at $200,000. APPROVED AS TO FUNDS AND ACCOUNTS: t5 }{~~ James G. Ross Executive Director Public Works Agency '{ C\.C'.~~~r-..) ~ '~~-n ~ Francisco Gutierrez Executive Director Finance & Mgmt. Services II )r-/ Agency 25G-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: JULY 18, 2005 TITLE: APPROVED CONTRACT AMENDMENTS WITH WORKFORCE INVESTMENT ACT YOUTH PROGRAM SUBCONTRACTORS 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. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to extend the contract with the Boys & Girls Club of Santa Ana to provide leadership training and work experience for in-school youth through September 30, 2005, and to increase the amount of the agreement by $13,154 not to exceed $141,904. 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to extend the contract with the California Hispanic Commission on Alcohol and Drug Abuse to assist youth with substance abuse problems and to find jobs through September 30, 2005, and to increase the amount of the agreement by $16,741 not to exceed $183,125. 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to extend the contract with the Orange County Conservation Corps to provide paid on-the-j ob training to high school dropouts through September 30, 2005, and to increase the amount of the agreement by $29,895 not to exceed $354,582. 4. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to extend the contract wi th the Santa Ana Unified School District to provide mentoring and paid work experience to in-school youth through September 30, 2005, and to increase the amount of the agreement by $21,524 not to exceed $249,918. 25H-1 Contract Amendments with WIB Youth Program Subcontractors July 18, 2005 Page 2 5. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to extend the contract with Taller San Jose Tech to provide paid training in the construction field through September 30, 2005, and to increase the amount of the agreement by $11,958 not to exceed $123,973. 6. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to extend the Memorandum of Unders tanding wi th Santa Ana Work Center (Service Navigator) to coordinate youth service provider network services through September 30, 2005, and to increase the amount of the agreement by $14,620 not exceed $270,005. DISCUSSION Under the Workforce Investment Act (WIA), the Santa Ana Workforce Investment Board (WIB) and its Youth Council are required to procure and make funding recommendations in order to provide required WIA services to local qualified youth. The Santa Ana City Council approved the initial youth service provider contracts at its November 17, 2003, meeting utilizing the 2003-04 WIA grant allocation. Services provided to the youth include comprehensive education and employment preparation services for In-School and Out-of-School youth who are Santa Ana residents between the ages of 16 and 21. On May 27, 2004, the Santa Ana Youth Council recommended approval of the 2004-05 distribution of the WIA youth funds to the current service providers. This was approved by City Council on July 19, 2004. The Santa Ana Youth Council's current recommendation is to provide bridge funds through September 30, 2005, so that services to youth may continue during the next procurement process. These funds were among the funds unallocated in PY 2004-05. This recommendation was approved by the Santa Ana Workforce Investment Board on June 24, 2005. Extending these contracts will allow the service providers and the service navigator to continue providing comprehensive education and employment preparation services to local youth as stipulated in the WIA and ensures a continuation of services to those youth currently enrolled. 25H-2 Contract Amendments with WIB Youth Program Subcontractors July 18, 2005 Page 3 FISCAL IMPACT Funds for these amendments are available in the Workforce Investment WIB Youth Council Program account (account no. 123-182-6933). APPROVED AS TO FUNDS AND ACCOUNTS: patricia C. Wtl' ak Executive Director Community Development Agency i~~, "',. , ~-\.-:; Francisco Gutierrez J- Executive Director f Finance & Management Service Agency PCW/FJ/mlr H:\ACTIONS\2005 CC\ContAmendWIAYouthProgSubs 7-18-05.doc 25H-3 25H-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 18, 2005 TITLE: APPROVED FEDERAL EMPOWERMENT ZONE DAISY WHEEL NETWORK PROGRAM o As Recommended o As Amended o Ordinance on 15t Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For (l/lk2. CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $980,000 in Federal Empowerment Zone funds awarded to the Santa Ana W/O/R/K Center for a Federal Empowerment Zone Daisy Wheel Network 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 Santa Ana Empowerment Corporation in the amount not to exceed $980,000 for the 2005-06 Federal Empowerment Zone Daisy Wheel Network Program. 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Catholic Charities of Orange County in an amount not to exceed $73,080 for vocational/occupational training, employment strategies, and supportive services under the Federal Empowerment Zone Daisy Wheel Network Program. 4. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Delhi Cormnunity Center in an amount not to exceed $73,900 for vocational/occupational training, employment strategies, and supportive services under the Federal Empowerment Zone Daisy Wheel Network Program. 5. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Mexican American Opportunity Foundation in an amount not to exceed $81,630 for vocational/occupational training and supportive services under the Federal Empowerment Zone Daisy Wheel Network Program. 251-1 FEZ Daisy Wheel Network Program July 18, 2005 Page 2 6. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Orange County Conservation Corps in an amount not to exceed $60,660 for education and employment strategies under the Federal Empowerment Zone Daisy Wheel Network Program. 7. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Taller San Jose in an amount not to exceed $79,770 for vocational/occupational training, employment strategies, and supportive services under the Federal Empowerment Zone Daisy Wheel Network Program. 8. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Templo Calvario in an amount not to exceed $67,500 for employment strategies and supportive services under the Federal Empowerment Zone Daisy Wheel Network Program. 9. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with The Academia in an amount not to exceed $50,000 for education and employment strategies under the Federal Empowerment Zone Daisy Wheel Network Program. 10. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement wi th The Cambodian Family in an amount not to exceed $85,629 for vocational/occupational training, employment strategies, and supportive services under the Federal Empowerment Zone Daisy Wheel Network Program. DISCUSSION The Daisy Wheel Network program was established to broaden and strengthen the current network of partnerships by bringing together agencies with expertise in areas such as education, occupational/vocational training, employment strategies, and supportive serVlces, in order to augment current services. The nine partners that comprise the Daisy Wheel Network program provide an employment driven system that offers intensive services such as case management, job development, and retention services to eligible Federal Empowerment Zone residents. 251-2 FEZ Daisy Wheel Network Program July 18, 2005 Page 3 In May 2002, the Santa Ana Empowerment Corporation Board approved a four-year business plan that identified three specific goals and objectives that they wished to see achieved. One of the three goals concerned job development, training, and job placement for Empowerment Zone residents. In 2003 the Board sent out a Request for Proposal to over 50 entities for the development and implementation of a Daisy Wheel component. The Santa Ana W/O/R/K Center was awarded the contract. In the first and second year, the W/O/R/K Center developed and implemented a job training and placement program in conjunction with nine partners. On May 25, 2005, the Santa Ana Empowerment Corporation Board awarded a contract for a third year to the Santa Ana W/O/R/K Center in an amount of $980,000. The contract is to fund Phase III of the Federal Empowerment Zone Daisy Wheel Network that will service 800 residents living wi thin the Empowerment Zone. The Daisy Wheel Network will continue to provide vocational/occupational training, employment strategies, education, and supportive services for the participants. The Santa Ana W/O/R/K Center will receive $407,831 to provide oversight of the Daisy Wheel Network, cover administrative and operational costs, and provide direct services to 278 Empowerment Zone participants. FISCAL IMPACT Upon approval of the appropriation adjustment, in the Federal Empowerment Zone Daisy Wheel (account no. 129-035-various). funds will be available Network Program account '{JcLcWi APPROVED AS TO FUNDS AND ACCOUNTS: Patricia C. Whitaker Executive Director Community Development Agency i' , ~ ,(\ ~ \\~~ \. ~ I \ ) ~ ~\l. ~ " ^ Francisco Gutierrez po f'1:.} Executive Director 7~ Finance & Management Services Agency PCW/BG/mlr H:\ACTIONS\2005 CC\FEZDaisyWheelNetworkProg 7-18-05.doc 251-3 251-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: ~ JULY 18, 2005 TITLE: AMENDMENT TO VARIANCE NO. 2005-01 TO FACILITATE THE CONSTRUCTION OF A NEW TWO-STORY OFFICE BUILDING AT 801 NORTH ROSS STREET - HOSSEIN MALAKOOTI,~PLICANT k::~/~J6~-- 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 Recei ve and file the staff report approving amendment to Variance No. 2005-01 as conditioned. PLANNING COMMISSION ACTION On June 27, 2005, the Planning Commission approved an amendment to Variance No. 2005-01 as conditioned by a vote of 5:0 (Gartner and Nalle absent) to facilitate the construction of a new two-story office building in the Professional (P) zoning district at 801 North Ross Street. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. . Trevino E e tive Director Planning & Building Agency PG:rb pg\reports\va045-01mod.cc 31A-1 REQUEST FOR Planning Commission Action ~/ '''-- ~'taAh~ ~--,--~ ,/ oucallon 1 ~'~', /.>>,~---'>;!J-> -~ "'-' PLANNING COMMISSION MEETING DATE: JUNE 27, 2005 PLANNING COMMISSION SECRETARY TITLE: PUBLIC HEARING - FILED BY HOSSEIN MALAKOOTI TO ALLOW MODIFICATIONS TO VARIANCE NO. 2005-01 APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO Prepared by Pedro Guillen ~utive Director RECOMMENDED ACTION ~~~~ Planning Mager Adopt a resolution approving variance No. 2005-01 as conditioned. DISCUSSION Request of Applicant Mr. Hossein Malakooti is requesting to modify Variance No. 2005-01 to facilitate the construction of a new two-story office building at 801 North Ross Street. Property Description The development site is a rectangular shaped vacant parcel of land comprised of two lots measuring approximately 11,500 square feet, located on the northeast corner of Ross Street and Civic Center Drive. The property is located in the Professional (P) zoning district, which allows professional office uses, and has a General Plan land use designation of Professional and Administrative Office (PAO) with a floor area ratio of 1.0. The surrounding land uses consist of government buildings to the south and east, professional offices to the west and residential to the north (Exhibits 1 and 2) . Project Description The proposed proj ect involves the merging of two lots to allow the construction of a new 4,166 square foot two-story office building (Exhibits 3 through 5). A lot line adjustment is required and is currently being processed by staff to combine the two lots. EXHIBIT A 31A-2 Variance No. 2005-01 June 27, 2005 Page 2 The parking requirement for general office use is three spaces for each 1,000 square feet and general office requires three spaces for each 1,000 square feet of gross floor. As proposed, the project meets the on-site parking requirements. The architectural design of the building reflects a contemporary design (Exhibits 6 through 8) with high quality materials and finishes. As proposed, the exterior design elements of the building include a smooth stucco finish, plaster cornice treatment, granite tile and marble, and lighting accents. Additionally, clear glass windows and metal canopies will be utilized as accents at the primary entrances. Analysis of the Issues On February 14, 2005, the Planning Commission approved Variance No. 2005- 01. The project involved construction of a 2,660 square foot single-story office building with three-foot setbacks on Ross Street and Civic Center Drive. A variance was required for the reduced setbacks, as the Professional zone requires all structures to maintain a 15-foot setback along front and side yards abutting a street. The Planning Commission determined that the building was compatible with the existing pattern of development along Civic Center Drive and approved the variance. After performing a cost and benefit analysis of the building and off-site improvements, the applicant determined that a one-story building was not economically feasible (Exhibit 9). As a result, the applicant has revised the building design and now requests approval of a two-story building totaling 4,166 square feet. The building will maintain the same setback on Civic Center Drive and will increase the landscape setback along Ross Street from the previously approved three-foot setback to nine feet (Exhibit 10). Staff performed a survey of the adj acent buildings along Civic Center Drive. Except for one building, all of the buildings on Civic Center Drive have two or more stories (Exhibit 11). As proposed, the building design will be consistent with the existing development pattern and will result in positive impacts to the neighboring properties. The 4,166 square foot building will require 12 parking spaces, which the applicant will be able to accommodate. 31A-3 Variance No. 2005-01 June 27, 2005 Page 3 In conclusion, staff has determined that the proposed office building has been designed to be compatible with the surrounding development in respect to design and height. Additionally, the project complies with the goals and objectives of the General Plan by creating a new development which is harmonious in scale and character with the existing pattern of development in the area and by utilizing high quality design, materials, and finishes. Based on the above analysis, staff recommends the Planning Commission approve the proposed modifications to Variance No. 2005-01 as conditioned (Exhibits 12 and 13) . CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project is exempt from further review per section 15303 (c) as the office building does not exceed 10,000 square feet and section 15305 (a), which exempts setback variances that do not create new parcels. Categorical Exemption Environmental Review No. 04-137 will be filed for this project. ~Y\V Pedro Guillen~ Assistant Planner I Vince Frego 0, Senior Plann PG:JM pg\reports\va05-01mod.pc 31A-4 Rl L,:"8"' W I R2 I _ R2 -1''' 1", Rl GC p IlJBD I 01 p I~ SO-55 P 0 50-13 I P 50-18 Cl II Cl II C2 I~i I R2 II R2 I~ R2 I~B R1 boC1 ~ R2 I R2 R1 11=. R2 181 nIT: ""Rill Rl R2 I fR3l : C3-HDII i~~ I R2 R2 o C2 -HOII f-'" R2 50-2 50-1 C5 -HOII R2 1ST o IIO--O---On-:rsD-l Qb1~IcJIcJ~r-::J ~ ~ : :LiJ t:J~it:Jrn~ QD ~ :00--00 O~Icl~;@]@] r:l0QQ~ :0 ~ ~t!i@]~iLJQO ~ :00 DO D rn ic:ltl frJ~ ~QO ~ ~ :0 ~~~0000~~ ...--_....... ..-...-.~A~ ~ __.............. -.. ~ WAlNUT ST. o Al -B C-SM Cl Cl-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC M1 M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SD SP 1m ~~ VA 05-1 HOSSEIN MALAKOOTI 801 NORTH ROSS STREET A cW' - = 500 FEET 1" = 1000 FEET P LAN N N G AND BUILD EXHIBIT 1 31A-5 N G AGE N C Y ~ ~~ -J "'l: a Ui I- Cf) W f- PROFESSIONAL LL SINGLE W a D: c:t: FAM. RES. I- Q.. <: (/) Lu PARKING LOT ::E <: -J "'l: c:t: PARKING LOT f- Lu Lu a Lu ~ c:t: a PROFESSIONAL ~ PROFESSIONAL DRIVE A rPI' CIVIC CENTER en en o D: G 0 V ERN MEN T G 0 V ERN MEN T VA 05-1 HOSSEIN MALAKOOTI 801 NORTH ROSS STREET PLANNING AND BUILDING AGE N C Y EXHIBIT 2 31A-6 ~I ~I "'I P 2: ! ~ ~ ~i i~ .. i tH~d is., !" I ~ ~ ~I O~i ~ii ~~ J~~~ ~~~~.~~ ~ ~~ ~~ i .~. ~. u'U' ehue_ < 00 ~~ 8':1 lii~ ~~ H.H ~~di! ~~ s~ ~~ -"~ .. ~;i~ Z ~;~...~ Q :( :5 <~ u ~'.i ~1~nU w 'i.i~~ ~ a$~t ~~!~~s~~ 6~'1~'~! H~~H~~ il.Q~i~~ idl e~m"~U 5 gie~.~S~, z ~~~~Wj6 itii >0:1 8 . . ~ Q ! g r jB ~~ <:; .;: ~ 5 i ~ ~~ ~~~ g ~ r ~!~ .~ ~~~ i~ h Of ~. ~ll Us r . Ii 9fH ii e~ j~ '~'Ii G~ Q ~~ !Sr i ~ ~. gg,u ~ ~ ~!l. ~ ~I Be B i-c ~ ~ ~ ~v ~:i i ~~~i i lj eis~ ~ ~i UI!h n~! i~! i~i ~! I ~ i !Ui ~5i iii! ,~ ~n .S6 m ! ~~ ;! dl U; I! ~ ~ ~I ~~n ~h ~~~~h . hf . . _ 80 H.u .~. 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Vii ;~ is i~ z ~~ ~I' ~~ ~ g~ w ,~ o ~s i ~ . 8 ~ e ~ ! ~ s ~ li:i! ~ ~ ~ i 0-" " < ~ ~I ~ i ~ ~i '" EI EI El ! a , i ! f ~ i ~ ; . ~ , ~ ~~ . 3 . 01 'i S ~ E1E18E1El ,t 0'1 ('-Ji j' I I I i ! !I IT" EffAl;l1 -.0 V) z o I- <( > LU ....I LU ~ Gi- ~~ ~~ ~:::J ~O'l I-CO VJ<e; ~~ ~~ uZ O::z ~~ i=< ~tf: ~~ o ZZ 0: - '" c.. ~ if.) ! ~ ! ! " s ~I ~ ~ ~ ~ ~ ; ; 1;;' · · '" EI El EI ~ ~ 8 ~ ; I e .1 ~ i ~ ~ ~i h t I i G EI G EI EJ ~ ~~ ~ ~ ~ N ~~ ~= ~.~ o co. Cl~ ~!- ~ Iii ~Ii !~ Iji il hH~ V') Z 0 I~ I- , ' I <( ~ > LU -l LU ~li12 ~ ~- o ",0 c:::~ c::~ l.LI:;:) f-<O"> r- a:J Ul-t: ~~ ~~ Uz 0:::< !;'Q ~~ u~ ",-< w of- t:; Z Z '" - <( Q. 0 '" '" Hossein Malakooti 50 Amberleaf Irvine, CA 92614 (949) 929-5634 April 26, 2005 City of Santa Ana Planning Department. Re: ModificationslRevisions to DP 2004-42 (Variance) 801 North Ross St. Santa Ana, CA 92702 Dear Sir. Our original plan was to develop a building approximately 2600 square feet of which approximately 1300 square feet would have been a dental office and the rest general office space at above site. After considering the cost of development of the project which includes a large sum of offsite improvement costs including but not limited to the reconstruction of the entire side walk along Ross St to the east as well as the entire side walk along Civic Center Drive to the south of the property and widening and repaving ofthe alley to the east. If under any circumstances the dental office does not succeed and the space is to be leased, as office space the income generated is not sufficient enough to sustain the property, furthermore the site is better suited for general office use. We have proposed a 2-story office building approximately 4,200 square feet. Of the many different design schemes we developed and presented to the planning department staff the current one seems to be the best option. The landscape area to the east of the parking lot abutting the alley has been reduced by approximately 63 square feet, in lieu of that we have made the planters along Ross St to the west as well as the one on the east side along the alley and south side much larger which will be planted with larger trees visible from Civic center Drive. As with our previous submittal and discussions through out this project we are always open and welcome any suggestions the planning department may have with regards to exterior color and material to be used, treatment elements as well as any landscaping concerns they may have. Sincerely. Hossein Malakooti 7-(~l1d~ ~~t3 ).311.. J, f" . . l! I~ ~ z :t=~ . ! ;! { , =ib= ~!~ ~Ii ", j - - ----..,..,..... ~ \ /,~ '9- I \ I ....;..;-z;,;: . J '''':" I I I I - I I 13HlS SSO<l ~~~t4 . ~~ ~: ,. '" Ll) - c i!, ~ ~..:. .,1 ~I ~~i ~~ ~ jj. .~! ", ~d !: ,. i lllI I ill!< , I Z I I J<( I I ~-l I I ::Ja.. I t- I I l.w 1 ilia.. 1 \)<( 1 1.U 1 oV) 1 \,)0 Z <( I -l -I .1 > ~ 1 ~I ; I ~I ~I u ~ I ~I 0 > ~I UI I I 1 I I ~ ~o 25 1ij~ ~3 f;j~ rz~ ~~ j~ ~~ ~&' i=~ Ct2 ~f- "-lzZ ~ o~ "- 00 "".,....,~"",."......>_.......-~,.._-~~ J ~ ...,: ...,: en en :I: en u en a: w en ~D~m~ z 0 PROJECT z a: 3 4 1 ~ I..;'SITE 2 1l::Z 2)1T 2 CIVIC CENTER G 0 v E R n'1 rl~" E " N ~I' N~ I Building Stories ~ ~...~ VA 05-1 HOSSEIN MALAKOOTI 801 NORTH ROSS STREET A eW PLANNING AND BUILDING AGE N C Y 31fJ1!~f 61 i variance 2005-01 June 27, 2005 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The development proj ect has special circumstances that warrant the granting of a variance. The proposed building has street setbacks of three feet and nine feet from the front and side property lines. A survey of the existing front yard setbacks of the adj acent structures along the north side of Civic Center Drive has determined that the most immediately adjacent buildings have zero setbacks. Additionally, due to the shape and size of the lot, the denial of the variance would deprive the property owner the privilege of constructing a quality office development. By being compatible with the existing pattern of development, the proposed yard reduction should not have a negative impact to the existing street pattern. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The approval of this variance will allow the property owner to utilize the property to the best extent possible and allow him to construct a high quality office development. The establishment of this structure is consistent with the development pattern along the north side of Civic Center Drive. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance will not be detrimental or injurious to the surrounding properties. The new structure will be aesthetically compatible with the surrounding properties within the Civic Center, which offers a variety of office, government service buildings and architecture styles. The proposed project accomplishes Goal 2.9 of the General Plan Land Use Element, Mi.lJf6 Variance 2005-01 June 27, 2005 Page 2 of 2 supporting new development which is harmonious in scale and character with existing development in the area and Goals 2.1 and 2.2 of the Urban Design Element, encouraging creative architectural design and consistency with the existing pattern of development. The encroachment into the front and side yard setbacks will not have a negative impact on the existing neighborhood character and will provide architectural design that will follow the existing pattern of development. Goal 2.7 of the Urban Design Element states proj ects must exhibit a functional, comfortable scale in relation to the neighborhood; the compatible setbacks of the structure with the existing structures along the north side of Civic Center Drive will accomplish this goal. D. That the granting of a variance will not adversely affect the General Plan of the City. The variance will not adversely affect the General Plan as it will be consistent with the goals and policies expressed in that document. Additionally, Office is a permitted use in the Professional zoning district. Goal 3.5 of the Urban Design Element Policy Plan is to encourage projects that are consistent wi th the architectural character of the neighborhood. The office building will be architecturally compatible with the existing pattern of development. The structure has been designed to provide architectural consideration and articulation and the encroachment of the structure into the front and side yard setback will not negatively impact the existing pattern of development along the north side of Civic Center Drive. 31A-17 j JUNE 27, 2005 PAGE 1 OFl Conditions for Approval Variance No. 2005-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. Prior to issuance of building permits, Lot Line Adjustment No. 2004-03 must be approved and a new grant deed recorded. 2. Prior to issuance of building permits, elevation accents surrounds including, but not limited to decorative stone building light fixtures, shall be subject to review approval by the Planning Manager. and and and 3. Prior to issuance of building permits, plan, shall be submitted for review Planning Manager. a revised landscaping and approval by the 4. Signage will be subj ect to separate review and approval and must meet all the standards of sign code Sections 41-850 through 41-1000 of the Santa Ana Municipal Code. 3~~~!" U KO -6/23/05 RESOLUTION NO. 2005-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AMENDING VARIANCE NO. 2005-01 TO ALLOW A REDUCTION IN THE FRONT AND SIDE YARD SETBACKS FOR THE PROPERTY LOCATED AT 801 NORTH ROSS STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On February 14, 2001, Planning Commission approved Variance No. 2005-01 for a reduction in the front and side yard setback requirements to facilitate the construction of a new office building at 801 North Ross Street. The project involved construction of a 2,660 square foot single- story office building with three-foot setbacks on Ross Street and Civic Center Drive. The Planning Commission determined that the building was compatible with the existing pattern of development along Civic Center Drive and approved the variance B. The applicant now seeks an amendment of Variance No. 2005-01. The applicant has revised the building design to a two-story building totaling 4,166 square feet. The building will maintain the same setback on Civic Center Drive and will increase the landscape setback along Ross Street from the previously approved three-foot setback to nine feet C. On June 27,2005 Planning Commission held a duly noticed public hearing on the amendment of Variance No. 2005-01 D. The Planning Commission determines that for the amendment to Variance No. 2005-01 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. 31A-19 Resolution No. 2005-20 Page 1 of 4 The development project has special circumstances that warrant the granting of a variance. The proposed building has street setbacks of three feet and nine feet from the front and side property lines. A survey of the existing front yard setbacks of the adjacent structures along the north side of Civic Center Drive has determined that the most immediately adjacent buildings have zero setbacks. Additionally, due to the shape and size of the lot, the denial of the variance would deprive the property owner the privilege of constructing a quality office development. By being compatible with the existing pattern of development, the proposed yard reduction will not have a negative impact to the existing street pattern. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The approval of this variance will allow the property owner to utilize the property to the best extent possible and allow him to construct a high quality office development. The establishment of this structure is consistent with the development pattern along the north side of Civic Center Drive. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. i. The granting of a variance will not be detrimental or injurious to the surrounding properties. The new structure will be aesthetically compatible with the surrounding properties within the Civic Center, which offers a variety of office, government service buildings and architecture styles. The proposed project accomplishes Goal 2.9 of the General Plan Land Use Element, supporting new development which is harmonious in scale and character with existing development in the area and Goals 2.1 and 2.2 of the Urban Design Element, encouraging creative architectural design and consistency with the existing pattern of development. ii. The encroachment into the front and side yard setbacks will not have a negative impact on the existing neighborhood character and will provide architectural design that will follow the existing pattern of development. Goal 2.7 of the Urban Design Element states projects must exhibit a functional, comfortable scale in relation to the neighborhood; the compatible setbacks of the structure with the existing 31A-20 Resolution No. 2005-20 Page 2 of 4 structures along the north side of Civic Center Drive will accomplish this goal. 4. That the granting of a variance will not adversely affect the General Plan of the City. i. The variance will not adversely affect the General Plan as it will be consistent with the goals and policies expressed in that document. Additionally, Office is a permitted use in the Professional zoning district. Goal 3.5 of the Urban Design Element Policy Plan is to encourage projects that are consistent with the architectural character of the neighborhood. The office building will be architecturally compatible with the existing pattern of development. The structure has been designed to provide architectural consideration and articulation and the encroachment of the structure into the front and side yard setback will not negatively impact the existing pattern of development along the north side of Civic Center Drive. E. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review per section 15303 (c) as the office building does not exceed 10,000 square feet and section 15305 (a), which exempts setback variances that do not create new parcels. Categorical Exemption Environmental Review No. 04-137 has been filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby amends Variance No. 2005-01 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Staff reports and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. ADOPTED this 27th day of June, 2005 by the following vote: AYES: Commissioners: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner, Nalle (2) ABSTENTIONS: Commissioners: None (0) 31A-21 Resolution No. 2005-20 Page 3 of 4 Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2005-20 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 27, 2005. Date: Clerk of the Planning Commission City of Santa Ana 31A-22 Resolution No. 2005-20 Page 4 of 4 Conditions for Approval for Amended Variance No. 2005-01 Amended Variance No. 2005-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Plannina Division 1 . Prior to issuance of building permits, Lot Line Adjustment No. 2004-03 must be approved and a new grant deed recorded. 2. Prior to issuance of building permits, elevation accents and surrounds including, but not limited to decorative stone and building light fixtures, shall be subject to review and approval by the Planning Manager. 3. Prior to issuance of building permits, a revised landscaping plan, shall be submitted for review and approval by the Planning Manager. 4. Signage will be subject to separate review and approval and must meet all the standards of sign code Sections 41-850 through 41-1000 of the Santa Ana Municipal Code. Exhibit "A" 31A-23 31A-24 REQUEST FOR COUNCIL ACTION ~. ~~~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 18, 2005 TITLE: PUBLIC HEARING - RECOVERY OF UNCOLLECTED COSTS FOR ABATEMENT OF DANGEROUS AND ABANDONED BUILDINGS M , -g' /' ,//J/ ,,/_ t/~ /' 2:2h CITY MANAGER APPROVED D As Recommended D As Amended D Ordinance on 151 Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution affirming the Abandoned Building Program Report uncollected Dangerous and Abandoned Auditor-Controller, County of Orange. Fiscal Year 2004-2005 Dangerous and authorize the transmittal Building charges to the office and of of DISCUSSION The City's Dangerous and Abandoned Building Program has proven to be an effective tool to abate dangerous and abandoned structures that create an attractive nuisance for children and provide harborage for illegal activity. The abatements are accomplished by board-ups and/or demolition. Property owners are given 2 to 30 days to abate the conditions or the City, through its contractors, will perform the work. The property owner is then notified of the outstanding abatement costs every 30 days until the Planning and Building Agency is reimbursed for the expenditure. Each year, the City finds it necessary to seek legal recourse in order to recover the uncollected costs expended for abatement of dangerous and abandoned properties. This year the outstanding charges for work performed on three parcels is $1,264.24 (Exhibit 1). The property owner names are provided in Exhibit 2. The most effective method of collection is to submit these charges to the office of the County Auditor/Controller in order that they may be placed as a lien on the property tax rolls. Charges must be submitted to the County by their deadline of August 10, 2005. 758-1 Recovery of Uncollected Costs for Abatement of Dangerous and Abandoned Buildings July 18, 2005 Page 2 FISCAL IMPACT The recovered charges will result in an estimated $1,264.24 in the Special Repair and Demolition Fund (fund no. 121-01-5579). APPROVED AS TO FUNDS AND ACCOUNTS: . Trevino e tive Director Planning & Building Agency '{~~.\. ""-t' ~ ., Francisco Gutierrez Executive Director Finance & Management ~ ~6 ~ ~ ;V Services AgenC~ KJ:rb rb\reports\FY04-05 Cost Recovery 758-2 RESOLUTION NO. 2005-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING OBJECTIONS TO AND CONFIRMING THE COSTS OF SECURING AND DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER 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. Pursuant to Section 17-40 of the Santa Ana Municipal Code, the Executive Director of the Planning and Building Safety Agency has submitted an itemized report, a copy of which is on file with the Clerk of the Council, showing the costs of securing and demolition of various structures carried out by the City of Santa Ana upon each individual lot or parcel of land where such work was done. B. The Executive Director of the Planning and Building Safety Agency has given notice as required by law, in which the 18th day of July, 2005, at the hour of 6:05 p.m. was fixed as the time, and 60 Civic Center Plaza, Santa Ana as the place, where any and all persons interested in said report might be heard. C. The City Council of the City of Santa Ana, at said time and place has received, heard, and considered said report and all objections by property owners liable to be assessed for the abatement, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said work and the costs thereof is hereby overruled; said report, a copy of which is on file with the Clerk of the Council, is hereby confirmed; the cost of abatement work done in front of or upon each lot or parcel of real property, as shown on Exhibits 1 and 2, which are incorporated by this reference as though fully set forth herein, and the amounts therein on such assessments shall become due thirty (30) days after the adoption of this Resolution. Section 3. The Executive Director of Planning and Building Safety Agency is hereby directed to file a certified copy of said report and this Resolution with the County Resolution No. 2005-072 Page 1 of 3 758-3 Recorder's Office, the County Auditor, County Assessor, and County Tax Collector on or before August 10, 2005. Section 4 county tax rolls. The County Auditor is requested to enter the assessments on the Section 5. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. Section 6. The City of Santa Ana, hereby certifies that the special assessments, special taxes, parcel taxes, charges and/or fees which are to be placed on the fiscal year 2005-2006 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2005-072 Page 2 of 3 758-4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-072 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 758-5 Resolution No. 2005-072 Page 3 of 3 AC62L05A - Form 82 Special Assessment Add Transactions Jurisdiction 061 Santa Ana Type of Tax C-2 Date Julv 18. 2005 PARCEL NUMBER ASSESSMENT AMOUNT 6-15 16-23 398-151-11/12 1009.68 872-30-136-1 254.56 TOTAL $1,264.24 DOC. NO.=AC62FORM REV:5/92 EXHIBIT 1 758-6 PROPERTY OWNER LISTING ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Energy Platinum Real Estate $1,009.68 4300 Promenade Way, Suite 223P Marina Del Rey, CA 90292 Union Pacific Railroad $254.56 10031 Foothill Blvd. Roseville, CA 95747 605-611 E. Washinton AP#398-151-11/12 Railroad Right-of-Way SBE#872-30-136-1 EXHIBIT 2 758-7 758-8 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 18, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 181 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For PUBLIC HEARING - WEED ABATEMENT PUBLIC NUISANCE REPORT FISCAL YEAR 2004-2005 b' 14' i / / /f ,- 'cl-L// {J 7Q€,,-- C TY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution affirming the fiscal year 2004-2005 Weed Abatement Program Report and authorize the transmittal of uncollected weed abatement charges and postings to the Office of Auditor-Controller, County of Orange. DISCUSSION The Public Works Agency operates a year round program to maintain private properties free of weeds and rubbish. City sanitation inspectors post properties notifying owners of unsightly or unsafe conditions. Property owners have ten days to abate the conditions or the City will perform the work through its contractor. When posting a property a second time within twelve months for the same violation, the City assesses a posting charge. The property owner is notified of such outstanding charges every 30 days until the charges are paid. Each year the City finds it necessary to seek legal recourse in order to recover the uncollected costs of posting violations and cleaning various parcels throughout the City. This year there are $47/392 in outstanding charges for parcels cleaned by the Ci ty contractor and posted by city crews (Exhibit 1). The most effective method of collection has been to submit these charges to the Office of the County Auditor-Controller. The fees are included in the property tax rolls and if in default, are payable when the property changes ownership. The County/s deadline for inclusion is August 10/ 2005. 75C-1 Weed Abatement Public Nuisance Report Fiscal Year 2004-2005 July 18, 2005 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT After affirmation by the Council, the charges will be submitted directly to the Office of the Auditor-Controller, County of Orange for collection. The revenues collected will be deposited into the City's Sanitation Fund (account no. 68-01-5415). APPROVED AS TO FUNDS AND ACCOUNTS: ames G. R ss Executive irector Public Wo s Agency ~l\l\~~~ ~i'.l. -) ~.:\.. ~ , Francisco Gutierrez Executive Director Finance & Mgmt. Services AgenC~ JR/JT/6-21-04/PublicHearingweedAbatement 75C-2 bk:7/11/05 RESOLUTION NO. 2005-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING OBJECTIONS TO AND CONFIRMING THE COSTS OF WEED, RUBBISH AND GARBAGE ABATEMENT: MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING A COPY THEREOF TO BE FILED WITH THE COUNTY AUDITOR, ASSESSOR AND TAX COLLECTOR 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. Pursuant to Section 16-55 of the Santa Ana Municipal Code, the Executive Director of Public Works Agency has submitted an itemized report, the Weed Abatement Program Report, which is attached hereto as Exhibit 1 and is incorporated by this reference as though fully set forth herein, which shows the costs of the public nuisance; and the costs of the weed, rubbish and garbage abatement actions carried out by the City of Santa Ana in front of or upon each individual lot or parcel of land where such work was done. B. The Executive Director of Public Works Agency has given notice as required by law, in which the 18th day of July, 2005, at the hour of 6:05 p.m. was fixed as the time, and 60 Civic Center Plaza, Santa Ana as the place, where any and all persons interested in said report might be heard. C. The City Council of the City of Santa Ana, at said time and place has received, heard, and considered said report and all objections thereto submitted by property owners liable to be assessed for the abatement, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said work and the costs thereof is hereby overruled; Exhibit 1, is hereby made and confirmed as an assessment against such lots or parcels respectively, said assessments are hereby levied, and shall constitute liens on the respective lots or parcels of real property as shown on said report until paid. Resolution No. 2005-073 Page 1 of 3 75C-3 Section 3. The Public Works Agency is hereby directed to file a certified copy of said report and this Resolution with the County Auditor, County Assessor, and County Tax Collector on or before August 10, 2005. Section 4 county tax rolls. The County Auditor is requested to enter the assessments on the Section 5. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. Section 6. The City of Santa Ana, hereby certifies that the special assessments, special taxes, parcel taxes, charges and/or fees which are to be placed on the fiscal year 2005-2006 property tax roll have been duly adopted in accordance with State law and are legally valid. 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 Resolution No. 2005-073 Page 2 of 3 75C-4 AYES: Councilmembers NOES: Council members ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-073 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. 2005-073 Page 3 of 3 75C-5 CITY OF SANTA ANA FISCAL YEAR 2004-2005 WEED ABATEMENT PROGRAM REPORT EXHIBIT 1 75C-6 Jurisdiction: Santa Ana Type of Tax: B8 AC62L05A - FORM B2 Special Assessment Add Transactions Date: August 10, 2005 001-042-11 70 008-091-08 35 002-153-10 35 008-221-04 35 003-061-25 35 008-242-01 105 003-222-11 70 010-042-02 35 004-020~2 105 01 0~52-06 35 004-020-22 70 010-052-14 35 004-044-30 35 01 0-203~9 35 004-044-52 35 010-292-12 35 005-142-01 35 010-295-13 70 005-142-34 35 010-303-14 35 005-143-01 485 011-076-18 35 007-051-12 35 011-132-12 70 007-121~5 35 011-154-10 35 007-181-07 70 011-251-17 70 007-181-20 35 011-251-18 70 007-181-21 35 011-251-19 70 007-181-22 35 011-251-20 70 007-181-23 35 011-251-38 70 007-181-24 35 011-251-39 70 007-191-17 35 013-023-21 70 007-191-18 35 013-072-04 35 007-191-19 35 013-154-11 35 007-192-02 35 015-083-07 35 007-192-11 35 015-132-06 35 007-192-12 35 015-138-05 35 007-192-13 35 015-146-06 35 007-264-04 35 015-192-28 925 007-271-26 35 016-052-08 35 007-272-18 35 016-082-48 35 007-311-12 35 016-113-01 35 007-321-18 70 016-136-14 35 008-084-17 70 041-212-04 70 008-084-19 35 099-224-45 787 008-091-05 35 100-161-30 592 10f4 75C-7 Jurisdiction: Santa Ana Type of Tax: B8 AC62L05A - FORM B2 Special Assessment Add Transactions Date: August 10, 2005 100-182-20 35 398-352-01 35 100-221-49 35 398-392-15 657 1 00-242~9 35 398-481-12 510 100-242-10 70 398-513-06 35 100-631-04 35 398-522-02 35 100-641-19 35 398-522-25 70 101-581-08 35 398-535-05 35 108-131-26 70 398-535-08 70 108-345-08 70 399-012-07 35 108-731-11 35 399-052-08 35 109-121-19 35 399-082-09 35 109-122-42 70 399-131-02 35 109-453-07 35 399-141-09 35 109-664-27 35 400-032-03 35 144-271-12 35 400-192-25 70 144-311-14 1352 400-233-12 70 144-321-27 35 402-201-09 35 144-351-01 393 402-211-03 35 198-043-13 889 403-164-07 530 198~71-10 984 403-171-01 35 198-091-04 35 405-161-31 492 198-171-50 35 405-174-16 35 198-241-38 35 407-014-41 1374 198-252-32 35 407-022-09 35 198-281-07 35 407-041-31 35 390-532-04 35 407-041-32 35 398-016-02 35 407-041-33 70 398-084-06 658 407-051-07 35 398-092-13 35 407-051-15 35 398-141-11 35 408-041-01 35 398-161-17 35 408-071-08 35 398-201-06 35 408-102-06 35 398-302-01 35 408-134-08 3106 398-333-01 35 408-423-06 500 20f4 75C-8 Jurisdiction: Santa Ana Type of Tax: B8 AC62L05A - FORM B2 Special Assessment Add Transactions Date: August 10, 2005 408-471-14 410-071-48 412-159~9 412-191-01 414-121-05 30f4 75C-9 Jurisdiction: Santa Ana Type of Tax: B8 AC62L05A - FORM B2 Special Assessment Add Transactions Date: August 10, 2005 TAX RATE AREA 11-054 UTILITY UNION PACIFIC AMOUNT $24,384.00 DESCRIPTION WEED ABATEMENT SSE 872-30-135-3 SSE 872-30-13H POR 22 SSE 872-30-140-POR 3 SSE 872-30-140-POR 2 SSE 872-30-141 POR 1 SSE 872-30-141A POR 6 SSE 872-30-136-1 SSE 872-30-134-3 SSE 872-30-139-POR 2 SSE 872-30-13E-POR15 SSE 872-30-13F-POR17 SSE 872-30-143-POR4 SSE 872-30-135-1 SSE 872-30-141-POR.2 SSE 872-30-135-2 SSE 872-30-142-3 2060 2603 1170 1076 1342 1210 1435 1255 1686 2158 2768 3087 35 900 388 1211 40f4 75C-10