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Home My WebLink About FULL PACKET_2006-08-07ORDINANCE NO. NS-2720 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 17-70 AND ADDING SECTIONS 17-70.1 THROUGH 17- 17.2 TO THE SANTA ANA MUNICIPAL CODE, AMENDING SECTIONS 1-18.2 10-178, AND ADDING SECTION 41-638.2, ALL RELATED TO ANTI-GRAFFITI MEASURES. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The existence of graffiti, on both public and private property, is public nuisance and a condition within the city which results in blight and deterioration of property values, impairs the comfortable enjoyment of life and property for adjacent and surrounding residents and owners, and contributes to the overall detriment of the city. B. Graffiti constitutes a threat to public safety which must be abated to alleviate the detrimental impact of such graffiti on the city, and to prevent the further spread of graffiti. C. Certain categories of graffiti which incite violence, are especially harmful and must be removed as quickly as possible to avoid or minimize harm to persons and the whole community. D. Government Code Section 53069.3, together with the city's powers as a charter city, authorize a city to enact ordinances to provide for the use of city funds to remove graffiti from public or private property, and in order to promote expeditious removal of obnoxious graffiti, the use of public funds is authorized as provided in the following sections of the chapter. E. Government Code Section 53069.5 authorizes a city to offer and pay a reward for information leading to the determination of the identity of, and the apprehension of any person who willfully damages property with graffiti. Ordinance No. NS-2720 11 A-1 Page 1 of 7 F. Under the authority granted by the existing Section 17-70 of the Santa Ana Municipal Code, the City expends in excess of $1,500,000 per year in public funds to abate graffiti on public and private properties. To a very great degree, these expenditures relieve private property owners from having to incur costs to remove graffiti from their property. G. Nevertheless, there are situations which prevent the City's program from successfully abating graffiti or which cause particular properties to be defaced with graffiti at a significantly higher rate than other properties imposing a disproportionate burden on the community and the program, including: 1. Private property owners who refuse to grant consent to the City to abate graffiti on their property and yet fail to exercise due care to prevent or abate such graffiti, 2. Private property owners whose buildings have areas such as a second stories that can't be reached by City personnel and yet fail to exercise due care to prevent or abate such graffiti, 3. Private property owners who maintain their property in a manner such that it is an attractive nuisance that encourages or unnecessarily facilitates repeated defacement. H. The proposed amendment ordinance is exempt from further review and in accordance with the California Environmental Quality Act, categorical exemption ER No. 2006-21 will be filed for this project. Section 2. Section 17-70 of the Santa Ana Municipal Code is amended to read in full as follows (deletions are striken out and additions are emphasized in bold: Sec. 17-70. Definitions. For the purposes of this chapter, the following words and terms shall have the meaning ascribed thereto: (a) Graffiti means any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on any real or personal property with a graffiti implement. (b) Graffiti implement means an aerosol paint container, a felt tip marker, gum label, a paint stick, etching tool, or other similar devices capable of scarring glass, metal, concrete or wood. (c) Aerosol paint container means any aerosol container, regardless of the material from which it is made, which is adapted or made for the Ordinance No. NS-2720 Page 2 of 7 11 A-2 purpose of spraying paint or other substance capable of defacing property. (d) Felt fip marker means any marker or similar implement with a tip which, at its broadest width, is greater than one-sixteenth (1/16) of an inch, containing an ink or other pigmented liquid. (e) Paint stick or graffiti stick means a device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-sixteenth (1/16) of an inch in width. (f) Gum label means any sheet of paper, fabric, plastic or other substance with an adhesive backing which, when placed on a surface, is not easily removable. (g) Property means personal or real property. (h) Responsible Party means the owner of a property as shown on the last equalized tax rolls of the County of Orange and/or the person who has primary responsibility for control of property or who has primary responsibility for the repair or maintenance of property. Section 3. Sections 17-70.1 through 17-70.2 are hereby added to chapter 17 of the Santa Ana Municipal Code to read in full as follows: Sec. 17-70.1. Reward provisions. (a) Pursuant to Section 53069.5 of the Government Code, the city may offer a reward of up to five hundred dollars ($500.00). The amount of the reward shall be determined by the police chief, for information leading to the arrest and conviction of any person for violation of Penal Code Section 594, not to exceed one (1) reward of five hundred dollars ($500.00) per violation. In the event of multiple contributors of information for a single violation, the reward amount shall be divided by the city in the manner deemed appropriate by the police chief. For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction. (b) Claims for rewards under this section shall be filed, processed, and paid in accordance with procedures established by the police chief. (c) The person convicted of committing the graffiti offense shall be liable for any rewards paid pursuant to this section and, if that person is an unemancipated minor, the custodial parent of said minor shall be liable for any rewards paid pursuant to this section. (d) No law enforcement officer, municipal officer, official or employee of the City shall be eligible for a reward made pursuant to this section. Ordinance No. NS-2720 Page 3 of 7 11 A-3 Sec. 17-70.2. Removal provisions. (a) The existence of graffiti within the city limits of Santa Anaconstitutes a public and private nuisance and may be abated according to the provisions and procedures contained in this chapter. (b) The City Manager is authorized and directed to establish and implement a program to remove graffiti from private and public real and personal property in the City under such standards as the City Manager and City Council may establish from time to time. Those standards shall include, but not limited to: i. Obtaining the written consent of the Responsible Party upon terms approved by the City Attorney. ii. Availability of funding in the City budget. iii. Restricting painting to areas reasonable necessary to abate the graffiti. iv. Restricting areas to be abated to those viewable from public rights-of-way and first floor locations. v. Conditioning repeated abatement of the same property upon modifcations or improvements to the property to discourage or prevent defacement. (c) It shall be unlawful for any Responsible Party to permit property which is defaced with graffiti, who, in accordance with the standards of the City program described in (b) above, (i) refuses to grant consent to the City to abate graffiti on their property, (ii) has an area not qualifying for abatement, or (iii) otherwise maintains their property in a manner such that it constitutes an attractive nuisance contrary to conditions imposed, to remain so defaced for a period deemed reasonable under the circumstances, but in no event longer than seven (7) days after notice of same. If the Responsible Party fails to remove the offending graffiti within the time period specified, the city may also commence abatement and cost recovery proceedings for the removal of the graffiti pursuant to the provisions of chapter 17 of this code. Section 4. Section 1-18.2 is amended to Chapter 1 of the Santa Ana Municipal Code to read in full as follows: Sec. 1-18.2. Public works agency authority to issue citations. Ordinance No. NS-2720 Page 4 of 7 11 A-4 The executive director of public works agency or his designee has the duty to enforce the provisions of sections 10-26, 10-27, 10-71 and 10-100, 16-1 through 16-4, 16-30, 16-31, 16-33 through 16-37.5, 16-39, 16-48, 18-17, 36-148, 33-30, 33-60, 33-62, 33-152, 33-157, 33-162, 33-188, 33-189 through 33-192, 36-45, 36-46, 39-26, 39-33 and 39-106 through 39-111, chapter 17 and provisions of article IV of chapter 18 of this Code. The executive director of the public works agency or his designee is authorized to arrest persons without a warrant whenever they have reasonable cause to believe that the person to be arrested has committed a violation of said provisions in their presence. In any case in which a person is arrested pursuant to this section and the person arrested does not demand to be taken before a magistrate, said officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear as prescribed by Chapter 5C, Title III, of part 2 of the Penal Code of the State of California (commencing with Section 853.6). Section 5. Section 10-178 is amended to Chapter 10 of the Santa Ana Municipal Code to read in full as follows: (a) Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers, or marker pens with tips exceeding four (4) millimeters in width, containing anything other than a solution which can be removed with water after it dries, shall store or cause such aerosol containers or marker pens to be stored in an area viewable by, but not accessible to, the public in the regular course of business without employee assistance, pending legal sale or disposition of such marker pens or paint containers. (b) Every person who owns, conducts, operates or manages a retail commercial establishment selling masonry or glass drill bits, carbide drill bit, glass cutters, grinding stones, awls, chisels or carbide scribes, shall store or cause such items to be stored in an area viewable by, but not accessible to, the public in the regular course of business without employee assistance, pending legal sale or disposition of such items. Section 6. Section 41-638.2 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-638.2. Standards for Graffiti Abatement. In approving tentative or parcel maps, conditional use permits, variances, or other similar land use entitlements, the city shall consider imposing any or all related conditions at the public hearing required by law for approval of the Ordinance No. NS-2720 11 A-5 Page 5 of 7 tentative map, conditional use permit, variance or other simil~r land use entitlement. If approved: (a) Use of anti-graffiti material. Developer shall ap ly an anti-graffiti material of a type and nature that is acceptabl to the Executive Director of Planning and Building to each of th publicly-viewable surfaces on the improvements to be construct don the site deemed by the Executive Director of Planning nd Building to be likely to attract graffiti ("graffiti-attracting surfac s"); and (b) Right of access to remove graffiti. Developers all grant, in a form approved by the City Attorney aright-of-entry ver and access to such parcels upon forty-eight (48) hours of pos ing of notice by authorized city employees or agents to the city for the purpose of removing or "painting over" graffiti from graffiti- ttracting surfaces previously designated by the director, and the fight to remove such graffiti; and (c) Owner to immediately remove graffiti. Develop r shall provide, either as part of the conditions, covenants and restrictions, or as separate covenants recorded against individua lots, prior to resale of same property or land, which covenant shall run with the land and be for the benefit of the city, in a form sati factory to the city attorney, that the owner of the lots shall immediately remove any graffiti placed thereon. Section 7. If any section, subsection, sentence, clause phrase or portion of this ordinance is for any reason held to be invalid or unconstitu Tonal by the decision of any court of competent jurisdiction, such decision shall not a ect the validity of the remaining portions of this ordinance. The City Council of the C ty of Santa Ana hereby declares that it would have adopted this ordinance and ach section, subsection, sentence, clause, phrase or portion thereof irrespe tive of the fact that any one or more sections, subsections, sentences, clauses, ph ases, or portions be declared invalid or unconstitutional. ADOPTED this day of Miguel A. Pu~ido Mayor Ordinance No. NS-2720 Page 6 of 7 11 A-6 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Paula J. Coleman Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2720 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-2720 11 A-7 Page 7 of 7 11 A-8 JWF 7/5/06 ORDINANCE NO. NS-2721 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 35- 153(n) AND 35-155 OF THE SANTA ANA MUNICPAL CODE MAKING CERTAIN TECHNICAL MODIFICATIONS TO THE UTILITY USERS TAX ON TELEPHONE SERVICES DUE TO CHANGES IN INTERPRETATION OF FEDERAL LAW THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Since 1975 the City of Santa Ana has collected a Users Utility Tax ("UUT") on telephone communication services. Since 1991, the tax rate has been 6%. B. When first adopted, the UUT was enacted with reference to Federal Excise Tax, 26 United States Code §§ 4251, 4252 and 4253, ("FET") upon local and long distance telephone communication services, as the FET was interpreted by the IRS the Internal Revenue Service's ("IRS"). C. The reference to the FET in the UUT was intended to be used as a benchmark for purposes of identifying the types of telephone communication services subject to the tax, and those taxpayers exempt from the tax. The FET was not a basis or authority for the City's imposition of the UUT. D. On May 25, 2006, the IRS issued its Revenue Notice 2006-50 which announced that the IRS was no longer interpreting the FET as applying to wireless communications which were billed based on time only, and not both time and distance. This revenue ruling reversed the historical interpretation and practice of the IRS as it relates to wireless telephone services and further reversed prior IRS Revenue Ruling 79-404 which held that telephone services which are billed based only on time are subject to the FET, and upon which the City relied in collecting the UUT. As a result of Revenue Notice 2006-50, effective August 31, 2006, the FET will no longer be applicable to long distance calls billed on time only, and certain other "bundled" services. Ordinance No. NS-2721 Page 1 of 5 11 B-1 E. The City of Santa Ana does not want to apply the new IRS interpretation to the UUT, but rather continue to apply its UUT to all telephone services as it has historically and consistent with the IRS Ruling 79-404. F. The amendments continue to recognize and retain the prior FET exemptions that existed prior to May 25, 2006. G. Santa Ana has always taxed all types of telephone communication services and has amended its ordinances in the past only to keep up with the advances in technology in order to continue to capture UUT for the range of telephone services already taxed. H. The proposed amendments restate the telephone communication services that are subject to the UUT. Only those telephone communications services that were taxed before Revenue Notice 2006-50 will continue to be taxed. The amendments do not increase or create a new tax on telephone communication services. The amendments neither extend the effective period of the UUT, nor modify any sunset provision or expiration date of the UUT. Section 2. Section 35-153 (n) of the Santa Ana Municipal Code is hereby amended such that it reads as follows: "(n) Telephone Communication Services shall mean any telephonic quality communication that is interconnected to the public switched network [as defined in 47 U.S.C.A. Section 332(d), as amended from time to time, and the regulations of the Federal Communications Commission], and shall include, without limitation, the transmission of messages or information (including but not limited to voice, telegraph, teletypewriter, data, facsimile, video, or text) or any other transmission of messages or information by electronic, radio or similar means , whether such transmission occurs by wire, cable, fiber-optic, light wave, laser, microwave, radio wave [including, but not limited to, cellular service, personal communications service (PCS), specialized mobile radio (SMR), and other types of mobile telecommunications regardless of radio spectrum used], switching facilities, satellite or any other similar facilities. Except where inconsistent with the foregoing, Telephone Communication Services shall also mean a "communications service" as defined in Sections 4251, 4252 and 4253 of the Internal Revenue Code (the "Federal Communications Excise Tax" or "FET"). Telephone Communication Services shall not include "private mobile radio service" [as defined in Part 20 of Title 47 of the Code of Federal Regulations as Ordinance No. NS-2721 Page 2 of 5 11 B-2 amended from time to time], which is not interconnected to the public switched network." Section 3. Section 35-155 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 35-155. Telephone users tax. "(a) There is hereby imposed a tax upon every person in the City of Santa Ana using Telephone Communication Services as defined in Section 35-153(n), above, including services for intrastate, interstate or international calls. The tax imposed by this section shall be at the rate of six (6) percent of all charges made for such services and shall be collected from the service user by the telephone communication services supplier or its billing agent. To the extent allowed by law, the tax on telephone communication services shall apply to a service user if the billing or service address of the service user is within the city's boundaries. If the billing address of the service user is different from the service address, the service address of the service user shall be used. (b) The tax imposed under subsection (a), above, shall not be imposed upon any person for using Telephone Communication Services to the extent that the amounts paid for such services are exempt from or are not subject to the Federal Communications Excise Tax as it was interpreted by the Internal Revenue Service prior to May 25, 2006. In the event that the Federal Communications Excise Tax is repealed, any reference in this section to such law shall refer to that body of law, that existed immediately prior to the date of repeal. (c) The tax administrator, from time to time, may issue administrative rulings clarifying those Telephone Communication Services that are subject to the tax of subsection (a) above. These administrative rulings shall be for the purpose of ensuring that despite changes in communications technologies and practices, or changes in body of federal law referred to in this Article, the tax remains applicable to all of those services intended by this Article, to the extent not preempted by the State of California or the United States of America. In no event, shall such administrative rulings be interpreted or have the effect of imposing a new tax, revising any existing tax methodology, or increasing an existing tax. (d) As used in this section, the term "charges" shall include the value of any other services, credits, property of every kind or nature, or other consideration provided by the service user in exchange for the telephone communication services. If anon-taxable service and a taxable service are billed together under a single charge, the entire charge shall be deemed taxable unless the service supplier can reasonably identify charges not subject to the utility users tax based upon its books and records that are kept in the regular course of business, which shall be consistent with generally accepted accounting principles. The term "charges" shall not include charges for services paid for by inserting coins in coin-operated telephones except that where such coin-operated telephone Ordinance No. NS-2721 Page 3 of 5 11 B-3 service is furnished for a guaranteed amount, the amounts paid under such guarantee plus any fixed monthly or other periodic charge shall be included in the base for computing the amount of tax due. (e) To prevent actual multi-jurisdictional taxation of telephone communication services subject to tax under this section, any service user, upon proof to the tax administrator that the service user has previously paid the same tax in another state or city on such telephone communication service, shall be allowed a credit against the tax imposed to the extent of the amount of such tax legally imposed in such other state or city; provided, however, the amount of credit shall not exceed the tax owed to the city under this section. For purposes of establishing sufficient legal nexus for the imposition and collection of utility users tax on charges for telephone communication services pursuant to this code, "minimum contacts" shall be construed broadly in favor of the imposition and collection of the utility users tax to the fullest extent permitted by California and federal law, and as it may change from time to time. (f) The tax imposed in this section shall be collected from the service user by the service supplier or its billing agent. The amount of tax collected in one (1) month shall be remitted to the tax administrator on or before the twentieth (20th) day of the following month in accordance with section 35-163 of this code." Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2006 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Ordinance No. NS-2721 Page 4 of 5 11 B-4 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2721 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-2721 Page 5 of 5 11 B-5 11 B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 7, 2006 TITLE: APPOINTMENT OF MEMEER TO THE SANTA ANA WORKFORCE INVESTMENT BOARD v ~ ~ • 1`"~/ ,0111 FILE CITY MANAGER RECOMMENDED ACTION OF COUNCIL USE ONLY: ^ As Recommended ^ As Amended ^ Ordinance on 1B1 Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For TO Appoint Dr. Ana Jimenez-Hami, Executive Dir ctor, O.C. Children's Therapeutic Arts Center to the Santa Ana Workfor e Investment Board. WORKFORCE INVESMENT BOARD RECOMMENDATION Recommended that the City Council appoint Dr. Jimenez-Hami, Founder and Executive Director, of the O.C. Children's Thera eutic Arts Center to the Santa Ana Workforce Investment Board as a public sector member representative filling the Youth Community Based eat. By a vote of 18:0 (Chapman, Conrad, Didion, Kand~, Meza, Oakes, Quarles, Simon, Wadhera, Ward, Zarate, Zarate-Cervantes absent) at its Regular Meeting of July 14, 2006. On March 6, 2000, the City Council adopted a res lution establishing the Santa Ana Workforce Investment Board and app inted 35 members. In accordance with the federal legislation, a major'ty of the Board and the Board Chair must come from the private sector. he remaining Board seats represent education, non-profit organizations, o e-stop mandated partners and local labor organizations. Currently there are two mandated private sector development organization, one community based or vacancy seat on the Board. After an extensive interview process, the WIB is recommending this c to the Board. vacancies, one economic ~anization and one labor recruitment campaign and andidate for appointment 13B-1 Appointment of Member to the WIB August 7, 2006 Page 2 The community based organization nominee is Dr. Ana Jimenez-Hami, the Founder and Executive Director of the O.C. Children's Therapeutic Arts Center in Santa Ana. Her resume, biography and nomination form are attached (Exhibit 1). Staff will continue to work to fill the remaining vacancies on the Board. FISCAL IMPACT There is no fiscal impact associated with this action. /~'' Stepfien G.H~rding Deputy Cit Manager of Development Services SGH/LS/FJ/mlr H:\ACTIONS\2006 CC\ApptMembex wIB Jimenez 8-7-06.doc 13 B-2 Ana Jimenez-Hami, PH.D. 17 Vetrina, Irvine, CA 92606 (949) 653 - 6342 (home) (714) 296 - 2191 (Cellular) occhildrennn sbcelobal.net (e-mails) EDUCATION Ph.D. University of Southern California, Los Angeles, California. Major Programs: Educational Psychology and Special Education. Specialization: Exceptional students from diverse cultural and lin istic populations. Society of Delta Epsilon 1993-94 Best Dissertation Award, USC AWARDS Community Building Award, City of Santa Ana, 2006 Orange County Children and Families Commission Community A azd, 2006 "Women who make a difference in Orange County", 2005 Orange County Human Relations Award, 2003 MANA National Organization, Arts & Culture Community Award 2002 Regional Center of Orange County, Professional Accomplishment Nomination, 2002 Society of Delta Epsilon 1993-94 Best Dissertation Award, USC Phi Kappa Phi Research Mentorship Award, USC, 1991-92 Education Graduate Organization Award, USC, 1990, 1989 Educare Scholarship, USC, 1989 Center for International Students Awazd, USC, 1989 PROFESSIONAL & TEACHING EXPERIENCE 1999-present Chapman University Adjunct Faculty, School of Education, Department of Elementary ducation. Courses: Second Language Acquisition, Literacy and Learning in alifomia Schools Orange County Children's Therapeutic Arts Center, Fo der & Executive Director. Educational, therapeutic &after-school enrichment programs for hildren with special needs and at-risk youth. 1997-1999 Private Practice. Private consultations with parents and children with special needs; consultant for Hope University. Research Assistant for UCLA, Socio-behavi ral Group. 1995 - 97 California State University, Northridge. Adjunct Faculty, S ecial Education Deparhnent, School of Education, Courses taught: "Instruction of Exc ptional Pupils: Educational Assessment and Methods," Instruction of Exceptional Pupils: C gnition and Communication," and "Theoretical and Empirical Bases of Education for Exceptio al Pupils with Mild/Moderate Disabilities." EXHIBIT 1 t 13B-3 University of California, Los Angeles. Reseazcher, Sociobehavioral Research Group, at UCLA. Worked with Dr. Claude Goldenberg on a longitudinal research project: "Promoting the Home- School Connections in an Elementary School Setting for Children of Diverse Cultural and Linguistic Backgrounds." 1994-95 Loyola Marymount University. Visiting Assistant Professor, Special Education, School of Education at Loyola Maryount., Los Angeles, CA. Provided the Department Chair assistance with graduate and undergraduate advisement, taught three cross-cultural special education courses and provided reseazch assistance in a federally funded research grant given to the department. Courses taught: "Introduction to the Exceptional FEP/LEP Student," "Informal Assessment and IEP Development for Students with Learning Problems," and "Assessment of FEP and LEP Children with Learning Problems." 1993 - 94 Loyola Marymount. Part-time Faculty, Special Education Program, School of Education, Los Angeles, CA. Course taught: "Informal Assessment and IEP Development for Students with Exceptional Needs" California State University, Northridge. Part-time Faculty, Special Education Department, School of Education, California State University, Northridge. Course taught: "Instruction of Exceptional Pupils: Educational Assessment and Methods." 1989 -1993 University of Southern California. Graduate Teaching Assistant/Lecturer and Fieldwork Supervisor. Department of Elementary Education, School of Education, at USC. Taught and supervised undergraduate education majors at their school sites (elementary and secondazy levels) regarding reading and writing methodology with pupils from diverse cultural and linguistic populations, as well as language minority exceptional children. Courses taught: "The Teaching of Reading and Writing: A Bilingual Emphasis on Language and Literacy." 1987 University of Puerto Rico. Part-time Faculty, Deparhnent of Humanities at UPR, Ponce, Puerto Rico. Taught general music education courses to undergraduate (elementary) education majors. Courses: "Music in the Elementary Classroom," "Music Appreciation," and "Choir". Interamerican University. Part-time Faculty, Department of Music, San German, Puerto Rico. Taught an introductory music therapy course (emphasis on exceptional children) to undergraduate psychology, education and music majors. Course: "Introduction a la Musicoterapia." [Introduction to Music Therapy]. 1985 Florida State University. Graduate Teaching Assistant, School of Music, Florida State University, Tallahassee, Florida. Taught general music courses for undergraduate students. EXHIBIT 1 2 13 B-4 Courses: "Psychology of Music," and "Class Guitar". RESEARCH EXPERIENCE 1993 -1997 "Promoting Home-School Connections in an Elementary School Setting for Children Of Diverse Cultural and Linguistic Backgrounds." Project coordinator: Dr. Claude Goldenberg. Sociobehavioral Research Group, University of California, Los Angeles, CA. '95-96: Emphasis on Parent Involvement '94-95: Qualitative analysis of Home-school Components '93-94: The use of Homework and the "homework liaison" 1992 - 93 "Teachers' Mental Models of Assessment of Literacy with Language Minority Students". Collected and analyzed interview data for the research study. Coordinator: Dr. Robert Rueda, Dept. of Educational Psychology, School of Education, University of Southern California. 1992 "Literacy Interventions' study with At-Risk Minority Inner-city Adolescents." Collected data for the study through interviews, assessments and field observations. Coordinator: Dr. Agnes Lin, Dept. of Curriculum, Teaching and Special Education, School of Education, University of Southern California. 1991 "The Early Literacy Project with Hispanic Children on Linguistic Minority Research Project." Coded and analyzed video tape data of teacher's "instructional conversation" sessions with language minority children. Coordinators: Dr. Robert Rueda, USC & Dr. Claude Goldenberg, UCLA. A Joint USC/UCLA Research Study. 1989-90 "The OLE Research Project with Exceptional Linguistic Minority Students." Collected data through assessments, interviews and field observations. Coordinators: Dr. Robert Rueda, USC & Drs. Richard Figueroa & Nadeen Ruiz, UC-Davis. A Joint USC/UC-Davis Special Education Research Project. CONFERENCE AND PROFESSIONAL PRESENTATIONS Jimenez-Hami, Ana. "Musicoterapia para Padres" (Music Therapy for Parents of Children with Special Needs" Fiesta Educativa, Orange County Annual Conference, Santa Ana College, 2004 Jimenez-Hami, Ana and Rueda, Robert. "Social Constructivism in Educational Settings: Studies of Latino and African-American Students" Symposium on culturally and Linguistically Diverse Exceptional Learners, New Orleans, Louisiana. January, 1997. Jimenez-Hami, Ana. "Music as Therapy: Listening to the Soul of the Child with Emotional EXHIBIT 1 3 13 B-5 Problems." Annual Conference of the Association for Transpersonal Psychology, Monterey, Ca., August 1995. I, Jimenez-Hami, Ana. "Help-Seeking Behaviors of Hispanic I+~lementary School Children Engaged in Literacy Activities." Annual Meeting of the Ar{terican Educational Research Association, New Orleans, April, 1994. Jimenez-Hami, Ana & Goldenberg, Claude. "Promoting the H me-School Connections for Latino Students through the Use of Homework and the H~mework Liaison." Annual Meeting of the American Educational Research Association, New rleans, April, 1994. Jimenez-Hami, Ana. "Preliminary Findings of a Dissertati n Study on the Nature of Hispanic Elementary School Children Engaged in Literacy Ac 'vities." The Seventh Annual Conference of the Linguistic Minority Research Institute, Unive ity of California, Santa Barbara. May, 1993. Jimenez, Ana. "La Integration de la Musicoterapia en a Curriculo de Education Elemental" (Integrating Music Therapy in the Elementary Educa~ion Curriculum). Unversidad Catolica, Ponce, Puerto Rico, October 1987. Jimenez, Ana. "Musicoterapia para el Nino Impedido" (Music ' Therapy for the Exceptional Child). Universidad de las Antillas, Curacao. October, 1987. I Jimenez, Ana. "La Integration de la Musicoterapia al Progra a de Estudios de Education Especial." (Integrating Music Therapy and Special Educati~n). Center of Services for Children with Developmental Disabilities. Ponce, Puerto g tco. May,1987. Jimenez, Ana. "Musicoterapia para Ninos con Problemas del Desarrollo." (Music therapy for Developmentally Disabled Children). Panelist member at I,the "VI Foro de Education Musical en Puerto Rico," Conservatorio de Musica, San Juan, Pue~to Rico. Apri122, 1987 PROFESSIONAL AFFILIATIONS American Educational Research Association Council for Exceptional Children Association for Transpersonal Psychology National Association for Music Therapy COMMUNITY AFFILIATIONS Orange County Children's Therapeutic Arts Center, Founder I'I Santa Ana Federal Empowerment Zone, Youth Alternatives Counglil Member Santa Ana Workforce Investment Board, Member/Provider "ALMA", Association for Latino Mental Health Awareness in Orange County EXHIBIT 1 4 13B-6 Summarized Biography Dr. Ana Jimenez-Hami Dr. Ana Jimenez-Hami is the Founder and Executive Director of the Orange County Children's Therapeutic Arts Center, a community-based organization in Santa Ana dedicated to empowering at-risk youth and children with disabilities through arts, literacy and therapeutic programs. Also, she is a part-time faculty at Chapman University in the School of Education. She completed her undergraduate and masters degrees in Psychology and Music Therapy from Florida State University in 1986; and received a Doctoral degree in Educational Psychology and Special Education from the University of Southern California in 1993. Dr. Ana Jimenez is the recipient of: a (2006) community building award by the City of Santa Ana for her contributions to the Santa Ana community; a Human Relations award from the Orange County Human Relations Commission (2004); and a community building award in the fields of Arts & Culture by the National Organization of MANA (2003). Last year, she was nominated "Women Who Make a Difference" in Orange County, and was awarded a Certificate of Special Congressional Recognition and Outstanding Leadership. Other nominations include the "Peter Hartman" award by the Orange County Children and Families Commission, and a "Professional Achievement" award by the Regional Center of Orange County. Her passion is to use the creative arts as a therapeutic intervention to heal children and youth with disabilities, empower at-risk youth though literacy and leadership development, and research educational methods that will empower the Latino community and underprivileged families to succeed in the academic world and reach for higher educational goals. EXHIBIT 1 13 B-7 ~~~ ; ~' - x , M r~ ~ ~ ti ~ Q z 0 H w ~° a w x a ~~ MW/ry~ F-I k W . ~+° ~' ~ . A y~ r ~~ ~~~ z U .~ ca N ',~ U U O 0 ., ~. A U 7C W b 0 w ro r,~~w. ~ q a '" U ~rf~: ~ ~: ~: '"I ~"'I ~I ~I ~, ~~ vii U NN ~++ Y ~ ~ ~ ~ ~ ~ ~ a ~` ~ V G ;`~ ~ •O h ~ F1 ' ~~ ~ ~ O ~ . p ' . -~ ,p ctl b N Q ~IW ~ .~ y L/ (^y 0 q. a L~ I O ~ ~ O ' U 3 ~ ¢I a ~ ~ W ~ U ~, °^ o a ~ x . ~ o z °~'~ a #,, . +"~ ~ ~ 3 ~v v p ~ ~ U ~ F ~ ~ _ ~ x ~ ~ ^. ~ U d EXHIBIT 1 13B-8 m .~ 0 d U O d 0 m Q '~ .~ O U .ys'I- O O ~1-I a 0 >C O O U O W O .~ z ,~, ~!~ 3 0 N O a~ o U ~ ~ N U °' c i x U REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 7, 2006 TITLE: QUARTERLY REPORT OF INVESTMENTS AS OF JUNE 30, 2006 ~~ ~.1~ ,~ CITY MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION OF COUNCIL USE ONLY: ^ As Recommended ^ As Amended ^ Ordinance on 1 s` Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE N(JMBER In 1995, the State of California enacted if reporting requirements relative to investment c agencies. These requirements, which became effec mandate that a statement outlining the ability c Redevelopment Agency to meet the budgeted expend six months be submitted to the City Council on legislation dictates that this quarterly repor seven major elements: - Type of investments; - Date of maturity; - Par and dollar amounts invested in eact - Weighted average maturity of the invest - Market value as of the date of the rep< - Source of the market value information, - Any funds, investments or programs, it management of contracted parties. The Finance and Management Services Executive Di: prepared a monthly report of investments. This c provide this information monthly; however, a qua: investments will be presented at a regular counc: with State law and the City's Investment Policy, (Exhibit 1) accurately reflects all pooled inves the City and Redevelopment Agency as of June 30, gislation revising the f funds by governmental tive on January 1, 1996, f both the City and the tures for the subsequent a quarterly basis. The contain the following security; ents; rt ; and :lading loans, under the ector has historically ffice will continue to terly report of 1 meeting. In compliance the attached report ments held on behalf of 2006. 19C-1 FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance & Management Services Agency 19C-2 CITY OF SANTA ANA TREASURER'S REPORT as of June 30, 2006 EXHIBIT 1 19C-3 i w C CdC C G R Q ~ £ c C C 7 N y rL p M 0 O •0 C w o~~ v~a° a U E T 9 A A ~' D ~ `0 0 s a° o ~ m ~ O A O O r O O o m uoi ~ m N N N V ~(l CI M V N a ~ N n O O N N V ~ ~ N M O~~ N N r N ~ N e O~ N O N ~ O O O ry N ~ ry~ 0 O O o °o m O1 ~ a °D m o W (V Oi V uj ~ rv m ~i m M N (7 t0 1~ N r O o ~ r m o c~ r N W ~ N W ~ pJ r N N N t0 O a in o r N 0o O O N O ~ f I ~ la m N O N n W b O N O O E N O 0' O O N y_ c 1 nl ~ O A A ~ y~ C> N N N O ~ 61 ~ tp m f r rn n in i A ~ ~ vfOi m ~ ~ a ~ V m co _ p N N O O th n N N N j o o m o 0 o t0 m N m _ m N h ~ Ol t0 n o m o °o °o m uri ~ O 1p ~ o ~ o O ~ N ~ m i ` N p m N N IV c] 01 i N N N N .~. E d m N ~ .= c O U ~ S LL Q N N (/1 E ~' ~ m n E ' y ~ a o d U O ~ a ¢ c c c N O1 O ~ d Q E ~ t t E ` a a ` o m ~ y d J U IY LL LL H C U r N C o d U ~ a ~ m ~ C c A a q U ¢ U o ~ r R n r O U < " U E ,~ > m o o ae n O o ~ a O ~ y ~ Ett v m ~ ao. `~ L ~ m E O C a C ~ V C C ~ ~ E y Q m ~ a N > E w c ~ c m ._ ° n 2 a i p O rp n > ~ - ~p y ~ 9 ~ C N Z` d y j 9 E m E y m U y, v m U ~ $ m £ a c N ~ 01 C O U Q « d ~ a c ~ m c N m E ~ a ` d o O ~ d ~ U ~ - N d h c ~ Q Y 'V m c n n m E x c o m > '~ ~ c U `o ~+ « ~ N L ~ N 3 Q c m o ~ C ° N y N E m Y L O U 6 O _ ~ O .`- O N _ A a c n p m ~ c ~, ' ~n C c n Ori N V y O~ d C M O B a N ~ ~ a OJ W C r ~ W N ~ C « OJ ( O O j O N N m T E N O X C ~ N O O W x ¢ y E C C L o o E ° ` a N c o o c d ~ w M m o ~. d ~ E ~ N ~ c N O ~ ~ Q O N V C ~ « C O ~ J d d N ~ ~ ~ m m E d~ Z c q ~ ~ ` ~ o «_> U N N o m o °Z T N O « n 9 rn W ~ m G A C' U C D N O ~ ' W ~ Y O W ~ _T N C ~' L" v " ~' d d w U O1 ~ m n o J 1 .C L d~ A C d ~ U Q W F nU ILL '~ ~ ~ C Cd G W N ~ A C C ~ p Q C LL O +~~' 'O ~ N C N y p c e°h O ai ~ C ~J ~' U O ~ a- C 7 LL O~ ~ N ~(J t"1 N N ~ h ~- m W O m [O O N n N m m eJ O ~- .~ O N m N (O CJ r m m N r n V N m n N N N r m m m m ~ m n m n m m r r m m m r m ~,~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 A N N N N N N N N N N N N N N N N N N N .~, ~ m c~ m rn ~ n co co m co co 0 0 ~n ~ m n o q ~ O O O ~ N ~ ~ N N N M N O N N O N N O ~ O 0 0 0 0 0 O O O O O O O O V m o 0 0 ~ o m o yo 0 0 ~ o n m rn m M o 0 0 0 0 ~n ~ O O O M N N (O m V In V (0 ~ l0 O N M N M O m~ N ~ H V V O ~[) ~[l Yl M m N M m N N N N N M N cl O N t+l N (V U O m m fD m O~ m O O (O ~ Vl O m O N V O O n O~ m m M M i7 C N m aJ m O M r n r Ol N m O n W t(I O l~l (O f0 m N 1(J m V N M (O O m W N N N N W m O N F V V V m ~O N [") t"! N CI i(J N N N ~ N Cl N t7 t7 N (7 [V N Y b o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~n O O O O m V O ~O O O O O O O O N N N O O M n n O O N C In d' O O N O O In m O m O ~ V V In ~(] M [V M 10 M N V m C C m m V (V [+I M N U b M o n o 0 o M m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ M n o 0 0 o m m m 0 0 0 0 0 0 0 0 0 0 0 0 0 m o o o e m m n d d of d d o 0 0 0 0 0 o vi 6 0 o ~i m m a N ~n m m M o in m m ~ m m m m~ ~i m n o n n m m n rn m ~o m o _ ~n ~n M M m N N ~ C'! O yy p n 1~ m W~ n ~ O h (O (O N N r n J 10 Y (p O m ~ V m n r O) 10 W r m 01 N n n m m m m V M OI A N M m Ol W m r r O~ O~ O~ O O~ O~ V O O~ W W W W V W m ~ N N p N N N N N V ~ ~ ~- ~ b m o M o 0 o M M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~n r e o 0 o m m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ai 0 0 0 ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N m O O O In 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n O t` O O O M Nl 0 0 0 0 0 0 _ 0 0 0 0 0 0 0 0 0 0 N IV ~- C! O O O r 1~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d N O ~ O O O ~ ~ N O O O O O ~ O O O O O O~ N O N M O O O O O O O O _ 0 0 0 0 0 0 OI O N N O b CJ O Cl CJ n O M m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ M n o M m o m m 0 0 0 0 0 0 .q m o 0 0 0 0 0 0 0 j of ~ zi 0 0 0 0 0 0 ~i n o n 0 0 0 0 0 0 o ni m m m gi m ~i 0 0 0 0 0 0 m m o n o 0 0 0 0 0 Y r o r o N m m o ~n o m o o _ o m o m o 0 0 0 0 0 O N ri N e e r n o K o ai o o ai of o m o 0 0 0 0 0 G m~ ~ m N n ~ N o 0 0 0 o m m O m o 0 0 0 ~n o m N m m m o rn o 0 0 o e m o rn o 0 0 ~n rn o N N a [V [V N [V N r ~ ~ ~ ~ r r '- '- ~ ~ N N N V< b m m q m y M V m M M M M M M M M Q V V V V t o 0 0o rn o o a o a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 q O q q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 V N N N N N N N N N N N N N N N N N N N q N N b O b m O n f0 l0 9 f0 ~ O O In f0 I~ O O O O ~ O O ~ t\ ~ O N ~ ~ N N N m N O N N O N N d n n Q n n Q m Q ~ A io n n in m ib m w A ~ n v v a 0 o a o o a o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 e c c q A A Is A A O O O n' 'a a > > > H N N a a OU LL LL d Q Y Y Y Y Y Y Y Y Y Y Y Y Y Y U ~~~ C C C C C C G C C C C C C E E U m m m m m m m m m m m m m m m m y y m F a o a `m m m m m m m m m m m m m == Z W U U U U J J J J J J J J J J J J J d J '- N y y d N b b b N N N b b W °' €€ E E E E E E E E E E E E E E ~ a E g A q o 0 0 0 0 0 0 0 0 0 0 _o _o a Q LL LL LL ~ G Q OmU' W `o m m m m m m m @ @ @ @ @ L° L° L° L° m m d d `b d `b b b N A N b b b b m ~~ r W c a a a a a a a s ~i °v aai ~i ~i 8i m ~i ~ J J U U~ m LL LL LL LL LL LL LL LL LL LL LL LL lL LL LL LL b # N N _ a o `~ v ~ ~ U ~ g LL qa ¢ °1 U U o m N m V rn rn m ~ a ~ N M m ~n o m N X 5 5 y m m r~ C~ c] ~ O O O ~ ~ ~ n N N N N N E o o ~ o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ E ~ 0 i n d U c A ~ u >, d Q ~ C A m m OI G Y M A m Q 1~ O N T r~ a U W N m m O o+ V Q~~ m Z' O~ g Z N~ M U m N Y Z m LL O Y M Z J d E (~ O O' ` J}} X X X X O N M C N N h N U U n m m m m rn m rn X X X X X X X ~ O LL G LLG O O N M M M M M M M M M M M M M M M cJ U J~ J U r M ~ ~~ ~m c'~ M m n n m M m~ n m m ~ m m y U O A J O_ fi Y O K a E ~ d m LLI ll a C K o . M m ~a u> r ~n m M n M m o m .- m r e in ~ m n ~ M M ~ ~n a a N iy ~, f O V N N O C) N N n O~ O N e O M N N 10 O N O M ~ (O W Oi ` Oi S - O N U N m m~ m n O N N N M C N M N O m V N m Q ~ N ~ N M O ~ ~ ~ ~ a of ~ ° m m m o o m n n n n r r r m m m m r n m m m m co r m r m n n a a 2' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O ¢ .. - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ E tt a ~^ N c~ N N m N N a N r N o N m N rn N in N N N ~ m ~ N ~ N m N ~ N v N in N m N m N ~n N o N u~ N co N w N ~ N o N o N A N o ~ q N N N N N N O N N N N O O ~ N N N O O O N N N N N d _ (~ ~ ~ V O ~ (~ In O V ~- f~ W P M 1~ (~ O ~ I~ (~ O OI O r f~ V O N O ~ O O ~ O O ~ 0 0 ~ 0 0 X 0 0 O O O O O K (J Iry f0 O e OI e M ~ ~(1 O ~ O O N O O In O M O O O 0 M V m O M W M N (O ~ m ~ M m ~ O m m ~ O O C ~ ~- N n M O ¢] N m N N O n m O M N [`J O m N m i(J N O O V O O O O O O ~ N ~ ro V ca M n Q Oi M O N r N LL f th c7 N V Cl M M 'O V V e N N V [`J N N VJ M M V M e V V e N N N m m V O n M N e r W W n N n ~ ~ 0 0 0 m a M m la m N m M m M O V tO ~ M l0 N (D W e m m W ~(I M n O W f0 n W m e O N m M O In W m W N 1[1 1(J M IA r a N OI I° M N OI e O1 Ol N m e m la m IA m (O n O N O f O N f M N N M M M M M e e e e N V M N N V M N M M O e e e In In ~ N m Y C ~ 0 0 0 0 0 0 0 N O O O O m O O G1 O N O O O 0 0 0 0 0 0 0 0 0 ~ O m O N n N O O In O O e n M O V] N O N O O n O O M N CJ O O N f0 O In N (O O V N O O O N N n M V M V N M n M Oi OJ O W O O~ ` h 7 7 > Cl M (7 V e e H N N e e N N e m M e V V e V V e e e V ~ t t t fl a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ O O O O O O O n O V O O O O O O O O O O O N 0 0 0 0 0 0 0 0 0 j V m fm yO W p N p C'1 a o CJ n ~ O W ~ N r N N O p O ~ N 0 0 0 0 0 0 0 0 r W a0 p O e m r t0 n V N O M _ ~O m ~(1 m n O e m N_ O _ M O tD_ n N_ O N_ Y _ °n m _ O1 _ m _ n _ n _ n _ ~ _ fM0 O _ _ m W W T n m r m N W n y ("1 l0 r rn V m ~a m e N `m m m ~ m o m m rn rn m m w rn rn rn rn rn ~ m rn m m m v rn e o o w m ~ ~ N N ~ ~ N ~ N ~ N ~ ~ ~ r a O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 ~ O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 O 0 O 0 O 0 O 0 O 0 O 0 o 0 O 0 R 0 0 0 0 0 0 0 0 0 ~(1 0 0 0 0 0 0 0 0 0 0 0 N 0 0 0 0 0 0 0 0 0 N a o 0 o 0 ~ o 0 0 0 o 0 g m o o ~ m o 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o u 0 o 0 o 0 .n 0 o 0 in 0 0 0 0 0 0 0 0 w ~ N ~ ~ ~ ~ N M ~ ~ ~ N ~ ~ N M N ~ ~ N N m ~ N ~ ~ ~ (V ~- C w d C G N D d/ C L m o 0 0 0 0 0 0 0 o rn o 0 0 0 0 0 0 0 0 0 o m N o ~n ~ ^ m M, ~ ~ C l t0 ~ O O O O O N N O O 0 0 0 0 0 0 0 0 0 0 0 N O N m T A 1 ~(1 r O O O O O O O O N n W O O O O N f O O g O O O O O O O O h n N N O O O O O O N < N V N N ~ O r M C W n M m N m O CI O N O O m tm O O O O O O O O M tD O O O N N (V p Oi T O O N T O O O O 1~ O~ Oi W O O O e O O O 0 0 0 O 0 O 0 O 0 W W O W O O O O O O NO N O O O N ~ ~ ~[J n n N O N N C 0 o v o o w m H o 0 0 0 0 0 0 o m m o 0 o YI rn rn e m m m rn rn Q Y O m N ~ ~ N (n ~ ~ ~ N ~ ~ ~ N N ~ ~ N ~ (V ~- ~- r r ~ C M w ' d n E c J ~ ~ C °1 d °o °0 0 0 °o eo °o 0 o m o o tO o ° °0 0 0 0 0 ~ o 0 o g $ ° d - m m o 0 0 0 0 0 0 0 o s o O~ ~ O 8 0 0 0 o O m 0 0 0 o 0 0 8 L^ N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 'a ~ W l~ M n O W m 1~ W~ m ~ W ~ ~ j n Ol O O O (~ V N N O N O ~ ~ ~ ~ N N O N N N N ~ N ~ N ~- ~ N N a N O ~- ~ N ~- N N O N C LL N O i(J O 1~ o O ~ ~ ~ (~ ~ N 0 O ~ O ~ a c~' ~ ~ 0 0 ~ M 0 0 0 a ~ ~ 1` 0 a 0 O O ~ (~ ~ 0 0 O 0 O 0 C 0 N 0 N 0 LL C, m m O a N O O O O O U U U U U a a rn a rn m a a Y Y Y Y Y y Y Y Y Y Y m m C C C C C C C U U G C C C C C C C G m D7 m m 0) D7 m m O7 m m m m ~ ~ ~ ~ ~ ~ O N m p7 D7 m m m m m m m Q a a a J a J a J a J a J a J m J a J a J a J a a a J J J a J m J m J a J m J ~ ~ ~ m ~ m J m J m J a J m J m J m J m J m m a a m a a m m m a m m a o a a a ~ ~ ~ J E E E E E E E E E E E E E E E E E E `. - - E E E E E E E E E 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m m m 0 0 0 0 0 0 0 0 0 S S = = S S = _ _ _ = 2 2 2 S S S S Z Z Z 5 2 2 2 2 x 2 S S a m a ` a ` m m ` a ` a a a a m m m ` L° '° ` N N L° L° L° L° 10 N '0 ` L° 'O ` L° L° a d m m w d m m d d d d m m a o a a a a a a a m a a a a a s y a a a a a a a a a a a a a a a o a 0 a o a a a m m a ~ ~ ~ ~ ~ ~ ~ ~ a a a a a a a a a a a a a a a a a a _ LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL a m - ~ _ d U U E y y H ~ m In OI 1[I N m N M N M M {+~ N m N N O) n e a0 ~ ~ N [p (p VI a n In O) W ~ O N n m O W m m C (D m CJ p m N t0 N N W e O 01 O [O r M ~ N N N M CJ (7 M O V e iA h m O O N N N M e N N N N ro ro [O m G a O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 7 O ~ m U O V U C C m a a CJ jW> ~ C H ~ H N LL ^ ' F J m O N W O W LL ~ N ~ Q W W Ip N r O y n J ~ C N j0 J > H O Q Z O U' U J O (J F Y J ^ h M j0 J W i Q F W J Q LL a (O (O X W m OI W Q] (/J ^ U W LL e O N ~ e N 1 In In In a In 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N ~ ~ m m = a ~" 8 m W_ ~ M ~ N C ~ E ~ ~ N 7 W > y C v a _ ~ n N L C U a C a E 0 U N F C d m r Z m m VI F CO] M 0 0 < e V N n r o w ri wi n 0 6 M CM 1~ N m N n n r r ~ N M M n ~ m m r r r N N r~, ~ m ~ N o W N d s a ? a N a N C LL N E m C T U N m Qq V J VI D LL .. m c o d E $ d T d Q o 0 o; J v1 N 0 d N W ri S r iry g N N N w Q °c N C E N C N O F C m 'm tD Of r a LL a d 9 C J O U d N N O v 6 O a 6 O a a OJ V 6 0 Q v W Q v m a 6 n N N O N ~ Cl N pm N n N N d N (O r N O O H t0 n fV N m N b n fV N m N n m N n m N n ym N o N ~ 0 °ia ~ Q C N Q A m O a pl 9 y E i C N O f Z N N N F N A N aDi LL Q M 0 0 N W C N ~ ~ o ~ m u a V y ~ ~ a fq y ~ Y A N ~ o y °o 1 ~~-13 ~ C l0 H dl -i- :i: ~~ S 9 O r 0 O v r m 0 N A o a a o N N O a' H N J a Z m N H O N LL N 3 a o_ C O m Q Y A ~ o y o ~~ oN ~ N O n v N v 0 V r O 6 r e Q c N E N C O H N U ° ,°~ ~ Q N ~ e> ~ 6 Y Q O ~ E K d N O O K a 0 0 0 K 19C-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 7, 2006 TITLE: FISCAL YEAR 2005-2006 APPROPRIATION YEAR-END ADJUSTMENT APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1" Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For J ~~----- CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing fiscal year 2005-2006 net revenues of $2,058,765 in the various Redevelopment Project Area Funds, $5,007,620 in the Housing Set-Aside Funds, $200,000 in the Regional Transportation Fund, and $175,000 in the Downtown Maintenance Fund. DISCUSSION The accounting and audit processes for the City of Santa Ana, and all governmental entities in the nation, are governed by Generally Accepted Accounting Principles (GAAP), as defined by the Governmental Accounting Standards Board. In accordance with GAAP, any adjustments to the appropriations should be approved by the City Council. The adjustments proposed in this appropriation adjustment are needed prior to completing the City's accounting for the revenue and expenditure transactions for the 2005-2006 fiscal year. The subject action will recognize and appropriate additional tax increment, other unanticipated revenues received, and unappropriated balances from prior years in various accounts. The funds will be appropriated to fund: required allocations to the Housing Set-Aside fund, payments of pass-throughs, loan obligations, various deficit line items, and capital projects. 20A-1 FY05-06 Appropriation Year-End Adjustment August 7, 2006 Page 2 FISCAL IMPACT Approval of the appropriation adjustment will allocate funds in the amount of $2,058,765 in the Redevelopment Project Area Funds (Funds 511, 521, 531, 541, 551, 553, 561, and 570), $5,007,620 in the Merged Housing Set-Aside Fund (Fund 507), $200,000 in the Regional Transportation Fund (Fund 67) and $175,000 in the Downtown Maintenance Fund (Fund 407). APPROVED AS TO FUNDS AND ACCOUNTS: Ste en G., Harding Francisco Gutierrez N ~ Deputy Ci y Manager for ~~"Executive Director I'~ Development Services VV Finance & Management Services Agency SGH/NE/EB/mlr H:\ACTIONS\2006 CC\FY05-06AA Year-End 8-7-06.doc 20A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 7, 2006 TITLE: CONTRACTS RENEWAL FOR TEMPORARY PERSONNEL SERVICES (SPEC. NO. 05-044) CITY MANAGER RECOMMENDED ACTION )UNCIL USE ONLY: Recommended Amended finance on 1~` Reading finance on Intl Reading ~lementing Resolution t Public Hearing For O Renew the contracts for temporary personnel serv~ce for a one-year period in the annual aggregate amount not to exceed $1 0,000 with the following vendors: Abigail Abbott Staffing Services, Inc. Devon & Devon Career Professionals Howroyd Wright Employment Agency, Inc. d/b/a AppleOne Employment Services PDQ Personnel Services, Inc. Venturi Staffing Partners DISCUSSION The availability of temporary personnel services the ability to hire staff during peak workload p the recruitment period for a given position. will provide various departments with the nece: services. Ten primary personnel classification assistant, file clerk, accounting clerk, ty)` receptionist and custodian are offered by the v are paid on an hourly basis according to jc departments may utilize any of the vendors dep availability. Awarding multiple contracts proz staff from the Southern California job pool a opportunity to assess the service and caliber o: Santa Ana and local vicinity. Consulting, Inc. ybeare, Inc. s On Temps, Inc. o Staffing Services provides departments with =_riods, as well as during 'he recommended contracts ~sary temporary personnel s which include clerical ist, data entry clerk, ~rious vendors. Personnel b classification. City =_nding on rate, need and ides a full spectrum of nd provides the City an the vendors both within 22A-1 Contracts Renewal for Temporary Personnel Svcs August 7, 2006 Page 2 On June 20, 2005, the City Council awarded contracts for a one-year period, with provision for two, one-year renewals. All of the vendors have agreed to renew the contracts, however, two of the vendors have requested minimal rate increases. One is increasing the rate per hour for only the secretary classification by 19 percent. The second vendor has requested a markup increase from 38 percent to 41 percent. Due to low usages of their offered services, the contract with Manpower, Inc., will not be renewed. The recommended vendors have performed satisfactorily during the past contract period. Staff recommends the first renewal of the contracts. FISCAL IMPACT Funds are available in the various departmental Other Personal Services accounts (object code 6191). APPROVED AS TO FUNDS AND ACCOUNTS: ~~Z~~GI~~~i~ ~ //~ /l~/t~~, ~p,~~ e .1 . r ~ ~ ~ - _ Enriq~~. va `~ Execu e it for Personnel Services Francisco Executive Finance & Gutierrez Director Mgmt. Services Agency~{%~ EJA/KM/05-044R.S:uc 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 7, 2006 TITLE: CONTRACT AWARD FOR CONCRETE REPLACEMENT (SPEC. NO. 06-086) CITY~MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 ~' Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Thomco Construction, Inc. for concrete replacement in the amount not to exceed $61,660. DISCUSSION The concrete surfaces south of the basketball courts located at Campesino Park are cracked and damaged due to the action of tree roots. The replacement of the damaged concrete along with corrective shaving of the tree roots will restore the walkways and hardscape, providing enhanced safety and esthetics. The notice inviting bids was advertised on June 9 and 12, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 14 Invitations For Bid mailed 7 Invitations For Bid mailed to Santa Ana vendors 2 Bids received Bids were received and opened on July 3, 2006. The results are as follows: Vendor: Location: Cost: Thomco Construction, Inc. Anaheim Rick Hamm Construction, Inc. Orange $61,660 $85,539 The bid received from Thomco Construction, Inc. is responsive to the specification and meets the City's requirements. To allow for unanticipated requirements, a ten percent contingency is included. 22B-1 Contract Award for Concrete Replacement August 7, 2006 Page 2 FISCAL IMPACT Funds are available in the Recreation & Community Service Facilities Maintenance Other Contractual Services account (account no. 11-260-6291). APPROVED AS TO FUNDS AND ACCOUNTS: /~/////~ ` ,~, '~///// y i Gerardo Mou~ Executive D ector Parks, Rec. & Comm. Svcs. Agency S,kFrancisco Executive Finance & Gutierrez Director Mgmt. Services Agency ~~ GM/BP/06-086.8:uc 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 7, 2006 TITLE: CONTRACT AWARD FOR ASPHALT REPAIR (SPEC. NO. 06-087) CITY MANAGER RECOMMENDED ACTION Award a contract to Hardy & Harper, Inc not to exceed $50,600. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 s' Reading ^ Ordinance on 2otl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER for asphalt repair in the amount The asphalt parking lot at the Newhope Library Learning Center has not been replaced in over 15 years. Tree roots have lifted and severely damaged several areas. The contract will provide for the repair of damaged areas and the repaving and striping of the entire lot, providing enhanced safety and esthetics. The notice inviting bids was advertised on June 9 and 12, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 15 Invitations For Bid mailed 3 Invitations For Bid mailed to Santa Ana vendors 2 Bids received 1 Bid received from a Santa Ana vendor Bids were received and opened on July 3, 2006 Vendor: Location: Hardy & Harper, Inc. Santa Ana Ben's Asphalt & Maint. Co., Inc. Anaheim The results are as follows: Cost: $50,600 $52,651 The bid received from Hardy & Harper, Inc., a Santa Ana vendor, is responsive to the specification and meets the City's requirements. To allow for unanticipated requirements, a ten percent contingency has been included. 22C-1 Contract Award for Asphalt Repair August 7, 2006 Page 2 FISCAL IMPACT Funds are available in the Library Administration & Support Services Other Contractual Services account (account no. 11-214-6291). Rdb' Ri~hard Library Director RR/BP/06-087.4:uc APPROVED AS TO FUNDS AND ACCOUNTS: ~~~~,~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency~^- 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 7, 2006 TITLE: ~s ~~ CONTRACT AWARDS FOR ASPHALT STREET MAINTENANCE AND ASPHALT POTHOLE REPAIR (SPEC. NOS. 06-101 AND 06-103) ~~ CIT MA AG R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER I. Award a contract to Hardy & Harper, Inc. for asphalt pothole repairs for a one-year period, with provision for three one-year renewals, in the annual amount not to exceed $300,000. 2. Award a contract to Hardy & Harper, Inc. for asphalt street maintenance for a one-year period, with provision for three one-year renewals, in the annual amount not to exceed $566,900. DISCUSSION The Public Works Agency's Street Division is responsible for maintaining approximately 400 miles of streets within the City of Santa Ana. In order to do so, annual asphalt street maintenance and pothole repairs are required. In 2004, due to budgetary shortfalls, the City Council awarded contracts to Hardy and Harper, Inc. for its annual asphalt street maintenance and pothole repair programs. In 2005, the City Council renewed both these contracts for an additional year. Over the past several years, the City has realized good response and service from the contractor as well as flexibility of service levels. As needs change the contactor has the ability to increase or decrease resources without affecting City staff or other programs. The General Fund budget-for roadway maintenance has seen a 68% reduction of expenditures as well as a reduction of 18% in unit costs for work performed. Staff that was previously assigned to roadway maintenance has been reassigned to other maintenance programs such as graffiti removal, trees and roadway cleaning. 22D-1 Contract Awards August 7, 2006 Page 2 for Asphalt Pothole Repair Services provided under the asphalt street maintenance contract included the excavation and cold milling of existing roadways, the installation of pavement reinforcement fabric, and construction of asphalt concrete pavement. In addition, the contract provided for water and sewer system maintenance, including trench repair and the adjustment of water valve boxes and manhole frames and covers to grade. Since 2004, the contractor has repaved the following streets: Lowell Street from Warner to 500 feet south, Memory Lane from Broadway to Main, Raitt Street from Myrtle to First, Ritchey Street from Wright to St. Andrew, Halladay Street from Dyer to Alton, Garry Avenue from Harbor to west of Shannon, and 8th and 9th Streets from Main to Bush. Services provided under the pothole repair contract included the repair of all potholes and the repair of all damaged pavement areas not exceeding 25 sq. ft. in area with asphalt overlay. Since 2004, over 1,600 tons of asphalt concrete has been used to fill potholes and repair small damaged pavement areas. Hardy & Harper, Inc. has responded in a timely manner with all requests for pothole repair, trench repair and street overlays. Since Hardy & Harper, Inc., the lowest responsible bidder, has successfully met the terms and conditions of the previous street maintenance and pothole repair contracts, staff recommends an award with provisions for three, one-year renewals. The notice inviting bids for asphalt street maintenance and pothole repairs was advertised on June 30, and July 3, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 13 Invitations For Bid mailed 3 Invitations For Bid mailed to Santa Ana vendors 1 Bid received for pothole repairs 2 Bids received for asphalt street maintenance 2 Bids received from a Santa Ana vendor Bids were received, opened on July 11, 2006, and evaluated. Bid results for asphalt street maintenance are as follows: Vendor: Amount: Location: Hardy and Harper, Inc. All American Asphalt $1,112,700 $1,194,950 Santa Ana Corona To evaluate costs, vendors provided quotations for representative repair projects that included various quantities and specifications. The annual amount is based on staff's projection for the next year. The two bids received from Hardy and Harper, Inc., a Santa Ana vendor, are responsive to the specification. 22D-2 Contract Awards for Asphalt Pothole Repair August 7, 2006 Page 3 FISCAL IMPACT Funds are available in the Public Works Road Maintenance Other Contractual Services account (account no. 11-631-6291); the Sanitary Sewer Service Other Contractual Services account (account no. 056-575-6291); and Water Utility Water System Maintenance Other Contractual Services account (account no. 064-575-6291). APPROVED AS TO FUNDS & ACCOUNTS: James G.' Ross Francisco Gutierrez Executive Director Executive Director '~ Public Works Agency Finance & Mgmt. Services Agency JGR/WO/06-101.9 & 06-103.9:uc 22D-3 22D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 7, 2006 TITLE. CONTRACT AWARD FOR SIDEWALK MAINTENENCE (SPEC. NO. 06-102) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 s' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Channel Islands Sawing for sidewalk maintenance for a one-year period, with provision for three, one-year renewals in the annual amount not to exceed $25,000. DISCUSSION The Public Works Agency's Maintenance Services Division is responsible for maintaining the sidewalks of Santa Ana. In order to do so, a contract for sidewalk maintenance is required. Sidewalk maintenance includes sidewalk ramping and sidewalk offset grinding, which are used to reduce risks to pedestrian traffic. The notice inviting bids was advertised on June 30 and July 3, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 13 Invitations For Bid mailed 3 Invitations For Bid mailed to Santa Ana vendors 2 Bids received Bids were received, opened on July 11, 2006, and evaluated. Bid results are as follows: Vendor: Amount: Location: Channel Islands Sawing $65,000 Port Hueneme Hardy and Harper, Inc. $67,500 Santa Ana To evaluate costs, vendors provided quotations for representative repair projects that included various quantities and specifications. The annual amount is based on staff's projection for the next year. The bid received from Channel Islands Sawing is responsive to the specification. 22E-1 Contract Award for Sidewalk Maintenance August 7, 2006 Page 2 FISCAL IMPACT Funds are available in the Public Works Road Maintenance Other Contractual Services account (account no. 11-631-6291). V APPROVED AS TO FUNDS AND ACCOUNT: Ja s G. Ross Francisco Gutierrez Ecutive Director Executive Director v P~iblic Works Agency Finance & Mgmt. Services Agency6/t, _~ JGR/WO/06-102.9:uc 22E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 7, 2006 TITLE: CONTRACT AIiPARD FOR BRISTOL STREET STORM DRAIN FROM MCFADDEN AVENGE TO PINE 3TREET (PROJECT NO. 06-1500A) ,r//, ' ~ CITY MANAGER i -RECOMMENDED ACTION C FILE 1. Award a contract to Dominguez General Eng lowest responsible bidder, in accordance wit estimated amount of $1,579,175 for construe Bristol Street between McFadden Avenue and Pi 2. Approve a Funding Analysis with a total est of $1,974,700. DISCUSSION The City's Master Drainage Plan calls for the drain system along the Bristol Corridor. Curre drain along Bristol between McFadden Avenue and This project will provide for construction of that will serve the upcoming widening of Bristol this storm drain system will improve the run-off The Notice Inviting Bids was advertised on June were opened on July 13, 2006. A summary of tk the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 0 Contractors requesting bidding documents: 15 Bids received: 5 Bids received from Santa Ana Contractors: 1 OF COUNCIL USE ONLY: ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For UED TO Bering Contractor, the unit bid prices in the >n of a storm drain on Street. construction cost construction of a storm :ntly, there is no storm Pine Street (Exhibit 1). a storm drain main line Street. Once completed, along the corridor. 2 and 14, 2006, and bids bid invitations mailed, 23A-1 Project No. 06-1500A Bristol Street Storm Drain From McFadden Avenue to Pine Street August 7, 2006 Page 2 NAME OF BIDDER CITY 1. Dominguez General Engineering pomona Contractor 2. Mike Prlich & Sons, Inc. South El 3. Garcia Juarez Construction Long Beac 4. Highland Engineering of California Santa An< 5. Colich Construction Torrance A total of five bids were received and all we bid was submitted by Dominguez General Eng $1,579,175, which is above the Engineer's estim ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quali Review No. 06-116 has been completed and a Categ filed for the Project upon Award of the project. FISCAL IMPACT BID AMOUNT $1,579,175.00 Monte $1,613,483.24 h $2,217,820.00 $2,741,374.05 $3,694,882.00 responsive. The lowest Bring Contractor, for of $1,475,000. Act, an Environmental cal Exemption shall be The Funding Analysis shows a total estimate construction cost of $1,974,700 for the project (Exhibit 2). Funds are appropriated in the Select Street Construction Fund (account no. 59- 53-6631). APPROVED AS TO FUNDS AND ACCOUNTS: James G. ~ss ~ , ~~Francisco Executive Director Executive Public Works Agency Finance & K:\Construction\RFCA-draft\06-1500A 2006-OB-07 BOWD tierrez rector mt. Services `lam v Agency ~~Y 23A-2 MCFADDEN CUBBON ._.~ ~ ___ i ro ~~ # s i i I S { ~ HIGHLAND RICHLAND ~a RAYMAR ~~ CAMILE ~" _~ MYRTLE ~ I CHESTNUT '- ....~ ~__- PROJECT UMIT3 ~ ~ SANTA ANA '~~ F rWC en mn TOLLIVER RICHLAND BISHOP ~_ _. ~INE STREET EXHIBIT 1 .>~ FT~OAA MCFADDBI AVE TO PIKE 8T PROJECT NO.Od- 23A-3 Y FUNDING ANALYSIS PROJECT NO. 06-1500A BRISTOL STREET STORM FROM MCFADDEN AVENUE TO PINE Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS Exhibit 2 $1,579,175 52,100 119,300 66,207 157,918 $1,974,700 23A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 7, 2006 TITLE: CONTRACT A9PARD FOR MAIN 3TREET RBHABILITATION FROM EIGHTEENTH STREET TO BUFFALO AVSNUS (PROJECT NOS. 06-1023 06-1022) ~~ ~, ~ CITY MANAGER i~ RECOMMENDED ACTION r~ Education 1a~ CLERk OF COUNCIL USE ONLY: ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For_ JED TO FILE NUMBER 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid prices i the estimated amount of $742,742 for Main Street Rehabilitation fr m Eighteenth Street to Buffalo Avenue. 2. Approve a Funding Analysis with a total estimated construction cost of $928,400. 3. Approve an appropriation adjustment acceptir $70,000 into the Select Street Construction 5790) and appropriating funds to the Select (account no. 59-551-6631). DISCUSSION Main Street between Eighteenth Street and B identified as a high priority on the City's Pa (Exhibit 1). The pavement is deteriorating due usage. Some of the adjacent curbs, gutters, approaches are also in various state of disrepa for construction of new street pavement and concrete curbs, gutters, sidewalks, and Additionally, a new traffic signal will be inst the new Bowers Museum parking lot. I funds in the amount of Fund (account no. 59-01- Street Construction Fund uffalo Avenue has been vement Management System :o weather, age and heavy sidewalks, and driveway ir. The project provides replacement of damaged driveway approaches. ~lled at the entrance to In addition to the work on Main Street, pavement improvements on 19th and 20th Streets are included in this project a part of the Steadfast development. Funds in the amount of $70,000 have been received from Steadfast for these improvements. Staff is re esting the appropriation adjustment to recognize these funds in the proje t. 23B-1 Main Street Rehabilitation From Eighteenth Street to Buffalo Avenue August 7, 2006 Page 2 The Notice Inviting Bids was advertised on June bids were opened on July 6, 2006. A summax mailed, the bids received, and the bid results Santa Ana Contractors receiving notices: Contractors requesting bidding documents: Bids received: Bids received from Santa Ana Contractors: 6 16 9 1 NAME OF BIDDER CITY 1. All American Asphalt Corona 2. Hardy & Harper, Inc. Santa 3. Palp, Inc. DBA Excel Paving Company Long B~ 6 and June 19, 2006, and of the bid invitations >llows. BID AMOUNT 742,742.00 874,053.00 879,220.10 A total of three bids were received and all we e responsive. The lowest bid was submitted by All American Asphalt for 742,742, which is below the Engineer's estimate of $756,215. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further revie Categorical Exemption ER nos. 2005-91 and 2006-62 were filed for this roiect. FISCAL IMPACT The funding analysis shows a total estimat d construction cost of $928,400 for the project (Exhibit 2). Funds are available in the Measure M Street Construction Fund (account no. 32-5 1-6631) and the Select Street Construction Fund (account no. 59-551-663 ). APPROVED /~~~ James G. R~3s " `~ U~v~ Francisco Executive Director Executive Public Works Agency Finance & K:\COnatruction\RFCA-draft\06-1023 2006-08-07 60 WD TO FUNDS AND ACCOUNTS: ~~ a:-_ tierrez rector mt. Services Agency ~. 23B-2 FUNDING ANALYSIS PROJECT NOS. 06-1023 AND 06-11022 MAIN STREET REHABILITATION EIGHTEENTH STREET TO BUFFALO Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS Exhibit 2 $742,742 15,384 68,000 28,000 74,274 $928,400 23B-3 23B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 7, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-01 FOR THE PROPERTY LOCATED AT 2419 NORTH BONNIE BRAE ~~ CITY MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare and author' ze the City Manager and the Clerk of the Council to execute an agree ent with Glenn William Robertson and Jane Adair Robertson for the st ucture located at 2419 North Bonnie Brae. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council direct the Cit} authorize the City Manager and the Clerk of th agreement with Glenn William Robertson and Jane structure located at 2419 North Bonnie Brae at by a vote of 7:0 (O'Callaghan and Seeley absent). DISCUSSION After the public hearing on July 6, 2006, Commission reviewed the proposed Historic Propert (Mills Act Contract) and concluded that the resu tax savings would encourage the owner to reinves maintenance of their historic property, and woul and the community (Exhibit A). Additionally, inappropriate alterations. OF COUNCIL USE ONLY: ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For_ NUED TO FILE NUMBER Attorney to prepare and Council to execute an Adair Robertson for the is July 6, 2006 meeting the Historic Resources y Preservation Agreement lting potential property the tax savings in the 3 benefit both the owner the agreement prevents 25A-1 HPP Agreement No. 2006-O1 August 7, 2006 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement wil reduce the property tax revenue to the City by an estimated $79.21 to $396.01 annually, for a period of not less than ten years. APPROVED AS Tm FUNDS AND ACCOUNTS: L/t., J~M. Trev Executive L Planning & HS:rb he\hietaric info\mi (/ x~x~r~c~Q ~~~~ REQUEST FOR Historic Resources Commission Action QATE: JULY 6, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-01 FOR THE PROPERTY LOCATED AT 2419 NORTH BONNIE BRAE sECRETax~r ^ As Recommended ^ As Amended ^ Set Public Hearing For TO Prepared by Hally Soboleske .~ Executive Director RECOMMENDED ACTION Planning Iv~nager Recommend that the City Council direct the City authorize the City Manager and the Clerk of th agreement with Glenn William Robertson and Jane structure located at 2419 North Bonnie Brae. DISCUSSION Request of Applicant The applicants, Glenn William Robertson and request the approval of Historic Property Pre: 2006-01 (Mills Act) between the applicant and the Property Description The subject property includes a two-story resit car garage located at 2419 North Bonnie Brae, Floral Park neighborhood (Exhibit 1). Sux residential. Analysis of the Issues In March 1999, the City Council approved at Historic Property Preservation Agreements (HPPA) Mills Act contracts, for eligible historic pro provides monetary incentive to the property o property tax reduction in exchange to the owner to maintain the property in a good state of reF the property as necessary to maintain its ch Once recorded, the agreement triggers the use c method in determining the property's assessed z in potentially significant property tax savings f :torney to prepare Council to execute fair Robertson for and an the Jane Adair Robertson, ervation Agreement No. City of Santa Ana. and a detached two- is within the West Lng land uses are ordinance authorizing commonly known as the ~rties. The agreement ier in the form of a s voluntary commitment it and to rehabilitate -acter and appearance. a different valuation lue, thereby resulting r the owner. E~~d~' HPPA No. 2006-01 July 6, 2006 Page 2 One of the eligibility requirements for the property must be listed on the Santa Ana Properties. The subject property was placed on categorized as Key in March 2006 by the Histor (Exhibit 1). Upon consideration of the application, it is re enter into a Historic Property Preservation Ag review of the property indicates that this structure is in excellent condition. As a property rehabilitation plan will not be rec agreement. Photos of the property are include well as a photo location map. The benefits of include, but are not limited to, the following: 1 2 3 4 5 6 Reduced property tax to allow reinve preservation of the property. Allows for a mechanism to provide for Provides an additional incentive for pot historic structures. dills Act is that the tegister of Historical the local register and is Resources Commission ommended that the City >ement (Exhibit 2). A Tudor Revival styled result, a supplemental fired as part of this with the agreement as xecuting this agreement for the long-term y rehabilitation. ial buyers to purchase Discourages inappropriate alterations to thehistoric property. Provides an opportunity for visual improvement to the physical environment of the community. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. Hally S oleske Associa e Planner Sergio Senioz CP HS:jm hs\historic info\mi11s act agreements\hppa06-O1 2419 N BonnieBrae.hrc 25A-4 ~ ~ ~ - ~ a ,, ~ bti >> ~ s ''~ ~~ 'Z~ a s zzx y21 u2a .o nla NK 22/1 e11 ~ ' 2210 PLANNING 1 1 1 1 ( .IOTROPE DR NpRTH 7ARK BLW ~ 500 feet I HPPA 2006-01 ROBERTSON RESIDENCE 2419 NORTH BONNIE B E 2310 2332 2328 1321 2320 2311 Subj~ 13'LU ~~ i t AND BUILDING AGENCY ~FJIBI~ 1 V EXECUTIVE SUMMARY D. R. BALL HOUSE 2419 North Bonnie Brae Avenue Santa Ana, CA 92701 _- - NAME D. R. Ball House REF. NO. ADDRESS 2419 North Bonnie Brae Avenue CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1926 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Pazk CALIFORNIA REGISTER CRITERIA FOR EVALUATION 2, 3 CALIFORNIA REGISTER STATUS CODE 2D2 Location: ^ Not for Publication ®Umestricted ^ Prehistoric ® Historic ^ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; azched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Born in the late nineteenth century, the Tudor Revival was associated with some Craftsman era construction but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: The D. R. Ball House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 4, for its association with a locally famous person and family, and under Criterion 1 for its exemplification of the distinguishing chazacteristics of the Tudor Revival style The house also contributes to the historic character of the Floral Pazk neighborhood through its age, style, scale, and historic association with important members of the local business and social community. Additionally, the house has been categorized as "Key" because it"is associated with a significant person," Dr. Dexter R. Ball, and because it "has a distinctive azchitectural style and quality" as an example of the Tudor Revival style (Municipal Code, Section 30-2.2). Because the North Broadway Corridor has been determined eligible for the National Register for its "MstoricaUcultural significance to the City" as an example of the City Beautiful planning movement, the D. R. Ball House, as a contributor to the district, has been listed in the California Register. EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 2: It is associated with the lives of persons important to local, California, or national history. 3: It embodies the distinctive characteristics of a type, period, region, or method of constrnction, or represents the work of a master, or possesses high artistic values. California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106 process. Listed in the California Register. ~B~ 2 State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 5 Resource name(s) or number (assigned by recorder) D. R. (Ball House P7. Other Identifier: `P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad: TCA0054 Date: *c. Address 2419 North Bonnie Brae Avenue City Santa Ana Zip 92706 `e. Other Locational Data: Assessor's Parcel Number: 002-121-13 `P3a. Description: (Describe resource and its major elements. Include design, materials, A pair of steeply pitched front gables centered on the fagade anchors the design Sheathed with stucco, the house features decorative half-timbering in the easter wooden posts with simple brackets form a slightly amhed opening to the vestibw with a small window. Aside-gabled roof caps the building, and is accented by a west end. The chimney is asymmetrical, with its west flank stepping down and c are primarily casements in type, with two notable groupings: a row of five single and a band of two double casements framed by wooden shutters that is centerei gables. A tall and narrow attic vent, with small arched niches to either side is ce, chimney is attached to the east elevation. Beyond the house, afront-gabled gar (See Continuation Sheet 3 of 4.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property alterations, size, setting, and boundaries.) tf this one-story Tudor Revival residence. gable, which shelters the entry. Paired The front door features a planked design himney attached to the fagade towards the ~t in a series of drops and curves. Windows asements along the east half of the fagade beneath the western of the two front tered in the west gable end. A second ge is also stucco-clad and gable-roofed. of District ^Other PSb. Photo: (view and date) South elevation January 2006 *P8. Date Constructed/Ageend Sources: ^historic 1926/City of Santa Ana Building Permits *P7. Owner and Address: Jane and Glenn Robertson 2419 North Bonnie Brae Santa Ana, CA 92706 `P8. Recorded by: Leslie J. Neumann 600 N. Sierra Bonita Ave. Los Angeles, CA 90036 *Pg. Date Recorded: March 13, 2006 *P10. Survey Type: Intensive Survey Update `Pt 1. Report Citation: (Cite survey report and other sources, or enter "none") California Department of Transportation, Broadway Overorossing Historic `Attachments: ONone ^Location Map ^Sketch Map ^Continuation Sheet ^B ^Archaeological Record ^District Record ^Linear Feature Record ^Milling ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) Survey, March 1979. Structure, and Object Record Record ^ROCk Art Record *Required Information 2567 *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^El~eme State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 5 `NRHP Statu Code 2D1 `Resource Name or #: D. R. Ball House Bt. Historic Name: D. R. Ball House B2. Common Name: Same 63. Original Use: Single-family Residence 64. Present se: Single-family Residence *B5. Architectural Style: Tudor Revival `BB. Construction History: (Construction date, alterations, and date of alterations): Cons rutted in 1926. September23, 1926. Residence and garage. September 9, 1991. Reroofgarage. 2005. One-story addition. *B7. Moved? ~No OYes OUnknown Date: Original *Bti. Related Features: Garage. 89a. Architect: Unknown b. Builder: Unknown *610. Significance: Theme Residential Architecture Area Santa na Period of Significance: circa 1888-1953 Property Type: Single-family Resi nce Applicable Criteria: C (Discuss importance in terms of historical or architectural content as defined by theme, period, an geographic scope. Also address integrity) The D. R. Ball House is historically significant forits association with Dr. Dexter, notable for its Tudor Revival styling. According to the building permit issued on were built for a cost of $7,750. Previously, Dr. Dexter R. Ball and his wife, Edna When it was constructed, this house was twelfth house to be erected on Bonnie westernmost house on the street. The Balls occupied the house for over fifty ye Resister in 1976: `NVhen we moved here, this was the country" ("Country Docto, Santa Ana Recister. December 23, 1976). (See Continuation Sheet 3 of 4.) Bt 1. Additional Resource Attributes: (List attributes and code~~ *612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: `614. Evaluator: Leslie J. Heumann *Date of Evaluation: March 13, 2006 (This space reserved for official comments.) Sketch -=t~~ a} Ball and his family and architecturally ~ptember 23, 1926, the house and garage A. Ball, had resided at 2306 Spurgeon. rae and it was until after World War [he s. They were quoted in the Santa Ana ias More Than One Doctor in the House," ~~4 ~ _ ,.,, _ ~ 8 .~ w i ~ ~- 'f YNny1 \i ~ ~~IASY \ ~`~ `W ~ / 2419 North Bonnie Brae nm-t~t_ta DPR 523B (1/95) 'Required information 25~-f 68 State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 5 Resource Name or # (Assigned by rec rder) D. R. Ball House 'Recorded by Leslie J. Neumann *Date March 13, 2006 ~ Continuation ^ Update *P3a. Description: In good condition, the house was modified in 2005 by the addition of a 536.5 sure foot wing, compdsing the portion of the farrade west of the two front gables. The addition conforms to [he original desi of the house in style and scale, but is subtly differentiated from it by a slightly different setback, a lower ridgeline, exp sed rafters in the eaves, and the modem, integral treatment of the spark arrester atop the chimney. *B10. Significance (continued): Dexter R. Ball was the second generation of a medical family that achieved a I Orange County. PaMaroh Dr. Charles Dexter Ball came to Santa Ana 1887 frc C. D. Ball had four children: John D. and Dexter R., both of whom followed the engineering career encompassed consulting on the designs of Hoover Dam ar Arvilla, a teacher. A man of many interests, Dr Charles D. Ball was a founder Orange County Medical Association, and the Orange County Historical Society Education and in the State Assembly. He also remembered for authodng the t Pioneer Churches of the Santa Ana District. Dr C. D. Ball died in 1937. Born in Santa Ana, Dexter R. Ball was educated at Santa Ana High School anc received his medical training at the University of California at San Francisco. h his father's practice along with his brother, John. When the elder Dr Ball was ~ took the lead in the practice. Both followed in their father's footsteps and serve Medical Association. Jack specialized in surgery, while D .R. practiced genera. have delivered 3,700 babies by 1968. Edna Ball, whom D. R. married in 1921 member of the Santa Ana Assistance League, a life member of the Ebell Club, Medical Association Women's Auxiliary. D.R. and Edna had three sons, Dexte doctors, along with their cousin, Jack's son John D., Junior. D. R. was the olde the time of his retirement in 1970. He died, at home, in 1978 at the age of 83. The D. R. Ball House is located in Floral Park, a neighborhood northwest of dog Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Grog widely scattered ranch houses characterized this area before 1920. Developer credited as the subdivider and builder of a major portion of northwest Santa An. New York in 1922 (Talbert, pages 353-356). Eefore nightfall on the day of his And that month, he began building custom homes in Santa Ana" (Orange Coun parcel chosen became the Floral Park subdivision between Seventeenth Street 1920s, the Floral Park homes were the most lavish and expensive in the area. Countv Reaister. September 15, 1981). Revival architecture in a wide variety o and 1930s and Floral Park showcased examples of the English Tudor, French 1 Revival. The Allison Honer Construction Company went on to complete such n Old Santa Ana City Hall, the EI Toro Marine Base during Wodd War ll, and the the neighborhood he had helped to create, at 615 West Santa Clara Avenue. Ih level of distinction in Santa Ana and i Canada. With his second wife, Emma, Or. father into medicine; Chares, whose the Golden Gate Bridge; and daughter f the first hospital in Orange County, the in addition to serving on the Board of Woks. Orange Countv Medical History and the University of California at Berkeley, and began practicing medicine in 1922, joining sabledbya caraccident, "D. R."and `Jack" ' as presidents of the Orange County medicine and obstetrics and was said to was also a civic leader, as a charter nd a charter member of the Orange County T, Robert, and Donald, all of whom became t practicing physician in Orange County at mown Santa Ana bounded by Wes[ s of oranges, avocados, and walnuts and end builder Allison Honer (1897-1981), arrived in Santa Ana from Beaver Falls, 'rival, Mr. Honer purohased a parcel of land. Reaister, September 15, 1981). The ind Santiago Creek. "When built in the hey sold for about $45,000 each" (Orange romantic styles was celebrated in [he 1920s Orman, Spanish Colonial, and Colonial table projects as the 1935 Art Deco styled 960 Honer Shopping Plaza. Honer lived in In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive betwe n West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival style ,including Russell's own large, Colonial Revival mansion at 2009 Victoda Drive. In the eady post Wodd War 11 years, FI ral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Pa k tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Flora Park. Today (2005) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to man affluent and prominent citizens. The D. R. Ball House has been determined eligible for listing in the National Re isle' of Historic Places as a contributor to a North Broadway Park historic distdct that is bounded by Riverside Drive, Santa lara Avenue, North Broadway, and North Flower Street. Comprising the northern end of the Floral Park neighborhood, N rth Broadway Park was subdivided in 1923. The Keeper of [he National Register found that "North Broadway Park reflects he City Beautiful planning movement in Sou[hem California during the early twentieth century. The vernacular adaptati ns of period revival styles, curvilinear street patterns, street furniture, and landscape combine to create a cohesive and plea ant middle class suburban neighborhood DPR 523E 5 06 State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Page 4 of 5 `Recorded by Leslie J. Neumann *B10. Significance (continued): Primary # HRI # Trinomial Resource Name or # (Assigned by 'Date March 13, f environment which is unique in the earty historical development of the city of ; implementing the Califomia Register of Historical Resources, the D. R. Ball H It also qualifies for listing in the Santa Ana Register of Historical Properties ur famous person and family and under Criterion 1 for its exemplification of the c Revival style. The verticality of the gables, attic vents, and chimneys and the half-timbering, awood-framed entry vestibule, and planked front door represe southern California. The house also contributes to the historic character of tf style, scale, and historic association with important members of the local busi~ house has been categorized as Key" because it "is associated with a signifies the City and because it 'has a distinctive amhitectural style and quality' as an Character-defining exterior features of [he D. R. Ball House that should be pre original materials and finishes (stucco, wood); roof configuration and pitch; as, and windows; amhitectural detailing (half-timbering, attic vents and flanking ni 'B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encvclooedia. New York, Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishin< McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alf National Register Bulletin 16A. "How to Complete the National Register Regist~ Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resource: Whiffen, Marcus. American Amhitecture Since 1780. Cambridge: MIT Press, 1 `Alison Honer Dies at 84,° The Santa Ana Joumal, September 21, 1981. Builder of Honer Plaza Dies," Oranoe County Recister. September 15, 1981. "Chades Dexter Ball, M. D.,"The Register, June 17, 1937. "County Doctor Ball Services Set Friday,"Daily Pilot, January 5, 1978. "County Family Has More Than One 'Doctor In The House, "' The Resister, Dec. Death Takes Well Known Civic Leader, The Register, January 16, 1937. 'Dexter R. Ball, Dean of OC's Doctors, Dies," (NO source), January 5, 1978. `©r. and Mrs. Dexter Rankin Ball,"Santa Ana Resister, June 6, 1971. "Dr. Ball Given Honor at Meet in Bay City,"(No source), October 16, 1956.. "Dr. Ball Rites Held on Friday," The Resister, June 17, 1937. "Dr. John Ball, Jr, third-generation surgeon, dead at 57,"The Reoister, Novemt "Family of Doctors Follows County Tradition Since '87,"The Register, January f "Family toast three generations of OC doctors,"The Oranne County Reoister. D History Makers: Chades Dexter Ball, Pioneer DoctorActive in Historical Pursue "Isabel Ball, 75, Dies At Home,"(NO source), October 11, 1970. Pioneer Resident Called by Death,"(No source or date). 'Prominent Surgeon Drops Dead,"Santa Ana Reoister December 21, 1951. 'Rites Today For Dr Dexter Ball,"Los Angeles Timesc January 7, 1978.. Armor, Samuel. History of Oranoe Countv. 1911 and 1921. Ball, Charles Dexter. Orange Countv Medical History. Santa Ana: A. G. Flagg, Pleasants, Mrs. J. E. History of Orange Countv. Los Angeles: J. R. Finnell & .~ Guinn, James Miller. Historical and Bioaraohical Record of Southern California. Talbert, Thomas (editor-in-chief). Historical Volume and Reference Works Inrh~ Citizens Volume 1. Whittier, Historical Publishers, 1963. `History of Floral Park." httpJ/www.floral-park.com/page2.html Santa Ana and Orange County Directories, 1926-1956. D. R. Ball House ^O Continuation ^ Update ota Ana. "' Under the regulations se has been listed in the Califomia Register. ~r Criterion 4, for its association with a locally inguishing characteristics of the Tudor tcco cladding in combination with decorative the Tudor Revival as it was interpreted in Floral Park neighborhood through its age, ss and social community. Additionally, the 'person,"Dr. Dexter R. Ball, in the history of 'ample of the Tudor Revival style. ~rved include, but may not be limited to: imetrical composition; entry; original doors es, entry posts and brackets); and garage. WW Norton, 1998. 1994. ed A. Knopf, 1984. 3tion Form."Washington DC: National "Sacramento: March 1995. 23, 1976. r 23, 1982. 1968. :ember 1, 1987. "Santa Ana Joumal, August 18, 1935. ms Publishing Co., 1931. Chicago: Chapman Publishing Co., 1902. ' Determination of Eligibility, February 25, 1980. DPR 523E ~ C~ 6~ O State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 5 of 5 'Recorded by Leslie J. PSb. Photograph 2419 N. Bonnie Brae Avenue, south elevation, prior to 2004 addition Jpdate DPR 523E ~5F+1 611 MILLSACTAGREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION This agreement ("Agreement") is made and entered into between the City of Santa Ana, a charter city and municipal c< existing under the Constitution and laws of the of the State of Ca] as "City"), and Glenn William Robertson and Jane Adair Robi as "Owner"), owner of real property located at 2419 North Bonni 92701 in the County of Orange and listed on the Santa Ana RegistE RECITALS his August 7, 2006 by and oration duly organized and brnia (hereinafter referred to tson, (hereinafter referred to Brae, Santa Ana, California, of Historical Properties. A. The City Council of the City of Santa Ana s authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration suc that these historic properties retain their historic chazacter and integrity. B. The Owner possesses fee title in and to that ce ain qualified real property together with associated structures and improvem nts thereon, located at 2419 North Bonnie Brae, Santa Ana, CA, 92701 and ore particularly described in Exhibit "A," attached hereto and incorporated herei by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on~ the Santa Ana Register of Historical Properties pursuant to the requirements o Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits th use and alteration of this Historic Property in order to enhance and maintai its value as a cultural and historical resource for the Owner and for the comm ity; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to nsure that rehabilitation and maintenance are carried out in an exemplary manner. MILLS ACT AGREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 E. The Owner and the City intend to carry out Government Code, Chapter 1, Part 5 of Division 1 50280 et seq., which will enable the Historic Proper of valuation as a restricted historical property purse seq., Chapter 3 Part 2 of Division 1 of the California NOW, THEREFORE, the City of Santa Ana and the agree as follows: 1. Effective Date and Terms of Agreement. the purposes of California ~f Title 5, Article 12, Section / to qualify for an assessment mt to Article 1.9, Sec. 439 et Tax and Revenue Code. of the Historic Property This Agreement shall be effective and commence on Augu t 7, 2006, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon th anniversary of the effective date of this Agreement, such initial term will automatically be exte ded as provided in California Government Code Sections 50280 through 50290 and in Section 2, elow. 2. Renewal. a. Each year on the anniversary of the effective date o~ this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agre ment unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not o renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the A Bement on the other party. Unless such notice is served by the Owner to the City at least ninet (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (0) days prior to the annual renewal date, one (1) year shall automatically be added to the term f the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonr newal, the Owner may file a written protest of City's decision of nonrenewal. The City may, a any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of onrenewal. d. If either the Owner or the City serves notice to th other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the to then remaining, either from its original execution or from the last renewal of the Agreement, wh chewer may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property conditions, requirements and restrictions: be subject to the following 2~vA-13 MILLSACTAGREEMENT 2419 Norlh Bonnie Brae Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a preserve, maintain, and, where necessary, restore or rehabilitate defining features, notably the general architectural form, s proportions, organization of windows, doors, and other opening line, porch and other aspects of the appearance of the exterior to f b. All changes to the Historic Property shall comply regulations, and conform to the rules and regulations of the Office State of Department of Pazks and Recreation, namely the U.I Standazds and Guidelines for Historic Preservation Projects. hereto, marked as Exhibit B, and incorporated herein by this re: exterior of the property, as of the effective date of this Agreement, attached hereto as Exhibit B and incorporated herein by referee maintain the Historic Property in the same or better condition as do god state of repair and shall e property and its chazacter- e, materials, design, scale, textures, details, mass, roof satisfaction of the City. h applicable City plans and Historic Preservation of the Secretary of the Interior's se guidelines are attached ;nce. The condition of the documented in photographs Owner shall continually mented in Exhibit C. c. A view corridor enabling the general public to see t e Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, nces or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Hi toric Property or destruction of chazacter-defining features of the building or site; removal of tre s and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or addi ions unless approved by the Historic Resources Commission and such alternations are in ke ing with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired stru tures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discard d or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, st cture or vegetation which is unsightly by reason of its height, condition, or inappropriate locatio . e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives oft e County Assessor, the State Department of Pazks and Recreation, the State Board of Equalizati n, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any which may be necessary or advisable to determine compliance w this Agreement. ~d all information requested the terms and provisions of 235A-14 MILLSACTACREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing b the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agre ment if it determines that the Owner has breached any of the conditions of this Agreement, or ave allowed the property to deteriorate to the point that it no longer meets the standards fora ualified Historic Property, or if the City determines that the Owner has failed to restore or re abilitate the property in the manner specified in Section 3 of this Agreement. If a contract is c celled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as se forth in Government Code Section 50286. This cancellation fee shall be a percentage (cure ly set at twelve and one-half (12 %z) percent by Government Code Section 50286) of the cu ent fair market value of the property at the time of the cancellation, as determined by the coun y assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquak ,fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement hall be canceled because, in effect, the historic value of the structure will have been destroyed No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent d main and the City Council determines that the acquisition frustrates the purpose of this Agree ent, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Se lion 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions o cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin th breach of, the terms of the Agreement. In the event of a default, under the provisions to ancel the Agreement by the Owner, the City shall give written notice to the Owner by registere or certified mail, and if such a violation is not corrected to the reasonable satisfaction of th Deputy City Manager for Development Services or designee within thirty (30) days thereaft r, or if not corrected within such a reasonable time as may be required to cure the breach or efault, or default cannot be cured within thirty (30) days (provided that acts to cure the breach r default maybe commenced within thirty (30) days and shall thereafter be diligently pursued t completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obli ations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may b appropriate. b. The City does not waive any claim of default by th Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in e oily which aze not otherwise provided for in this Agreement or in the City's regulations gov rning historic properties are available to the City to pursue in the event that there is a breach oft is Agreement. No waiver by 2~vA-15 MILLSACTAGREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2419 North Bonnie Brae, Assessor Parcel Number, 002-121-13, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declaze their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regazdless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Glenn William Robertson and Jane Adair Robertson 2419 North Bonnie Brae Santa Ana, CA 92706 2~A-16 MILLSACTAGREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of thi Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hol the City and its elected and appointed officials, officers, agents, and employees harmless from iability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or hose of his or her contractor, subcontractor, agenda, employee, or other person acting on his or er behalf which relates to the use, operation, and maintenance of the Historic Property. The O er hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all dam ges and claims for damages suffered, or alleged to have been suffered, and costs of defens incurred, by reason of the operations referred to in this Agreement regardless of whether or n t the City prepared, supplied, or approved the plans, specifications or other documents for the His oric Property. d. All of the Agreements, rights, covenants, r nervations, and restrictions contained in this Agreement shall be binding upon and shall inur to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in y manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restri tions contained herein, or to determine the rights and duties of any party hereunder, the prevai ing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. £ In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, r by subsequent preemptive legislation, the validity and enforceability of the remaining provisi ns, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed i accordance with the laws of the State of California. 2~vA-17 MILLSACTAGREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and City shall cause this Agreement to be recorded in the office of County of Orange. 12. Notice of the Contract to Office of Historic No later than six (6) months of entering into the contract, shall provide written notice of this Agreement to the Office of Hi 13. Amendments. This Agreement may be amended, in whole or in part, instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council Property Owners: Date: Date: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney CITY OF DAVID N. RE City Manager By: Glenn William Robeson By: Jane Adair Robertson -7- 25A-18 inter into this Agreement, the the County Recorder of the owner or agent of an owner is Preservation. only by a written recorded above. ANA MILLSACTAGREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 Exhibit A Parcel 1: The East 23 feet of that portion of Lot 3 of Potts, Borden and idwell Tract, as per Map thereof recorded in Book 4, Page 624 of Miscellaneous Recor s of Los Angeles County, California, described as follows: Beginning at the point of intersection of the North line of Bonn Tract 761, as per thereof recorded in Book 22, Page 35 of Mis said Orange County; thence West along the Westerly extensi Bonnie Brae to a point in a line which is 101 feet West of and to the South line, of Tract No. 761; Thence North 1 degree, 03' line 164.75 feet to the South line of Tract No, 755, as per Map ~ Page 33 of Miscellaneous Maps, records of said Orange Com South line to the West line of said Tract 761; thence South 1 de West line, 164.75 feet to the point of Assessor Parcel No. 002-121-13 Brae with the West line of laneous Maps, records of of the North line of said rallel with the 164.75 feet i" East along said Parallel ~reof recorded in Book 22, thence East along said ee 03' 15" West along said -8- 25A-19 MILLS ACT AGREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commi Secretary of the Interior's Standazds for Rehabilitation of Historic and subject to the U.S. ings, as follows: 1. Every reasonable effort shall be made to provide aompatible use for a property which requires minimal alteration of the buildin ,structure, or site and its environment, or to use a property for its originally i ended purpose. 2. The distinguishing original qualities or character o a building, structure or site and its environment shall not be destroyed. The emoval or alteration of any historic material or distinctive azchitectural featu es should be avoided when possible. 3. All buildings, structures, and sites shall be recogni ed as products of their own time. Alterations that have no historical basis and hich seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the cours of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance i their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of s filled craftsmanship which characterize a building, structure, or site shall be tre ed with sensitivity. 6. Deteriorated architectural features shall be rel whenever possible. In the event replacement is should match the material being replaced in comp and other visual qualities. Repair or replacement o1 should be based on accurate duplications of featu physical, or pictorial evidence rather than on availability of different azchitectural elements 1 structures. 7. The surface cleaning of structures shall be undert~ possible. Sandblasting and other cleaning methods building materials shall not be undertaken. 8. Every reasonable effort shall be made to pr. resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions be discouraged when such alterations and additio historical, architectural or cultural material, an su sired rather than replaced, Zecessary, the new material sition, design, color, texture, pissing architectural features s, substantiated by historic, conjectural designs or the am the other buildings or with the gentlest means will damage the historic and reserve azchaeological existing properties shall not do not destroy significant design is compatible with 25A-20 MILLSACTAGREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 size, scale, color, material and character of the environment. 10. Wherever possible, new additions or alterations to a manner that if such additions or alterations need essential form and integrity of the structure would property, neighborhood, or ructures shall be done in such be removed in the future, the unimpaired. 21~A-21 MILLS ACT AGREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 Exhibit C (photographs 0 Front elevation -11- 25A-22 MILLS ACT AGREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 {~sc~C~ © Rear yard -12- 25A-23 MILLSACTAGREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 © Side elevarion and ribbon drive 9°^°~ -13- 25A-24 a Q z 0 a U O J 0 0 2 a W M~ W Z MO W `2 r O /Z VI t~ N a~ c~ ML W .~ m Z M 0 O W l{7 (M r 2 0 z 25~=25 . _ . - . _ ~i I I ~ • ~ > O 25A-26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 7, 2006 TITLE: AMENDMENT TO THE AGREEMENT WITH MARICICH & ASSOCIATES INC. FOR MEDIA MARRSTING SERVICES /f :~/"I~ CITY ,~ RECOMMENDED ACTION CLERK FILE N Direct the City Attorney to prepare and authori Clerk of the Council to execute an amendment Maricich & Associates, Incorporated to provid marketing services for the Santa Ana Interac Program in the amount of $4,135.03 for a to $103,695.03. DISCUSSION In April 29, 2005, the Public Works Agency ente. with Maricich & Associates, Incorporated to prc services for the Santa Ana Interagency Pedes educational campaign. Due to the success of the Associates, Incorporated has been asked to pr educational performances. The cost of these ad will be $4,135.05 for a total contract cost amendment to the agreement is needed to pay services. ENVIRONMENTAL IMPACT In accordance with the California Environmental recommended action is not considered a CEQA proj environmental documentation is required. COUNCIL USE ONLY: ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For_ JED TO e the City Manager and to the agreement with for additional media ~ncy Pedestrian Safety al contract amount of ed into an agreement ide media marketing Sian Safety Program campaign Maricich & side two additional _tional performances f $103,695.03. An for the additional ity Act (CEQA), the Therefore, no 25B-1 Amendment to Agreement Maricich & Associates, August 7, 2006 Page 2 of 2 FISCAL IMPACT with Incorporated Funds for the proposed amendment are available Construction Fund (account no. 59-551-6631, ProjE the Select Street no. 04-01002). APPROVED AS ITO FUNDS AND ACCOUNTS: ~~C7~~L James G.~oss U Executive Director Public Works Agency T G<- ~ l~Q\cl~l~ q~t~ n J ~ 1, \ . REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 7, 2006 TITLE: AGREEMENT FOR MEDIAN MAINTENANCE SERVICES .` M1~~~ CITI~' MANAGER ~' RECOMMENDED ACTION FILE Direct the City Attorney to prepare and author the Clerk of the Council to execute an agreement three years with two optional one-year exten maintenance services in an annual amount not to DISCUSSION OF COUNCIL USE ONLY: ^ As Recommended ^ As Amended ^ Ordinance on 1s~ Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For_ JED TO ze the City Manager and with Midori Gardens for ions to provide median xceed $550,000. The contract for maintenance services with Midor' Gardens expired on June 30, 2006. This contract included maintenance f medians, neighborhood monument/entry areas, water reservoir facilities and arterial sidewalk areas citywide. Staff solicited proposals for maintenance servic s. Eight proposals were sent out and two firms submitted proposals. committee comprised of Public Works Agency staff reviewed the proposals. The final scores for the two firms are as follows: Firm 1. Midori Gardens Score Routine Maintenance Fee 99 2. TruGreen Landcare 84 The firms were rated based on capability, ea performance and cost. Based on the above sc three-year agreement with Midori Gardens wi extensions. The not to exceed price includes maintenance and additional services that are re built. $447,876 $642,000 fence, similar related ng, staff recommends a two optional one-year cost of extraordinary red as new projects are 25C-1 Agreement for Median Maintenance Services August 7, 2006 Page 2 fiNVIRONMfiNTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are budgeted and available in the Public Works Median Landscaping activity (account no. 11-637-6261), the Water Production and Supply activity (account no. 64-574-6261) and the Environmental Sanitation activity (account no. 68-632-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ James G. Ross Executive Director Public Works Agency ® Francisco Gutierrez Executive Director Finance & Mgmt. Services Agenc~w 25C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 7, 2006 TITLE: PURCHASE AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT 06-1500) n CITYIMANAGER RECOMMENDED ACTION Direct the City Attorney to prepare and author ze the City Manager and Clerk of the Council to execute agreements w'th: Clarence and Lisa Hughes for the purchas~ of 319 S. Bristol Street in the amount of $620,000; Alejandro Serrano for the purchase of 41~ S. Bristol in the amount of $620,000; Virginia MacKenzie and David MacKenzie for the purchase of 414 S. Bristol Street in the amount of $600,00 ; Gerard and Mayra Leyva for the purchase Street in the amount of $615,000; Ruben Arellano for the purchase of 1243 W the amount of $585,000; Mary Schneider for the purchase of 306 the amount of $620,000; Manuel Duarte for the purchase of 1246 Hic amount of $600,000. OF COUNCIL USE ONLY: ^ As Recommended ^ As Amended ^ Ordinance on 1s~ Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For_ TO FILE NUMBER of 318 S. Bristol Richland Avenue in Bristol Street in land Avenue in the 25D-1 Purchase Agreements August 7, 2006 Page 2 DISCUSSION On March 6, 2006 the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from McFadden Avenue and Pine Street Improvements include widening of the street from four lanes to six, construction of landscaping in the parkways and the median islands, traffic improvements, drainage structures, sound walls, and other amenities as outlines in the Specific Plan. In order to accommodate the widening, the acquisition of entire properties, as listed above, are required (Exhibit 1). The purchase amounts are the appraised value prepared by an appraiser licensed in the State of California. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-O1 approved by City Council in 1990. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6611). ~~~ ~~ r ~ ~ ~(~~=~,~ Ja4nes G. "Ross F~Xecutive Director - JPublic Works Agency l ,/ APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez M/-' Executive Director Finance & Mgmt. Services Agency 25D-2 RICFI ~ ~.~ ~ I ~ AVENUe TOLLNER C ~~1 ~ ~ ~- MCFADDEN AVENUE WALNUT ST. SUBJECT PROPERTIES ACQUIRED PROPERTIES (~ ~ PIKE 8T LAND €i ~ ~ , `` ~CFIESTNU~ _,. 410 ;_._ 414 ~ l___ __ ;~ MYRTLE ~ 8TREET WILLITS ~ I J P i~~ A I~ MATC LINE SEE ABO LEFT EXHIBIT 1 SANTA ANA ~•' C1n. CouNC~ ~~' PURCHASE AGREEM NTS FOR P W A A~NDA °A~' BRISTOL STREET C RRIDOR ~'~ Ate'' 2006 (PROJECT 06-1 ) ~~~. NT9 25D-3 _7 25D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 7, 2006 TITLE: AGREEMENT FOR MAINTENANCE OF THE HVAC SYSTEM AT THE POLICE ADMINISTRATION AND HOLDING FACILITY APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s` Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For_ ,..~i~~- CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Johnson Control for maintenance service and repair of the Police Administration and Holding Facility's heating, ventilating, and air conditioning (HVAC) system for a one-year period, with provision for two, one-year renewals in the amount of $87,712. DISCUSSION A Johnson Control HVAC System was installed in the Police Administration and Holding Facility when it was built in 1996. Since then, the City has contracted with Johnson for maintenance and repair of the proprietary computerized electronic/mechanical system. This equipment requires regular preventive maintenance and as needed field repairs by specialized technicians. In addition to the annual maintenance, the recommended action includes the upgrade one of the building chillers to a variable speed drive. The variable speed drive conserves energy by matching the chiller's motor to energy demand. Due to the complexity and the age of the Johnson Controls heating and ventilating system, a contingency fund in the amount of $15,000 is also included. The vendor has agreed to continue this service without an increase in the labor cost for three years. 25E-1 Agreement for Maintenance of the HVAC System August 7, 2006 Page 2 FISCAL IMPACT Funds are available in the Police Building & Facilities Other Contractual Service account (account no. 11-350-6291) APPROVED AS TO FUNDS ANDACCOUNTS: Paul M. Walters Chief of Police PMW/SHN/AGR.7:uc L/~iivz.GG! Gt !.v(-!ten /fl - ~-ti ~~ Francisco Gutierrez ~ N ~xecutive Director Y'"/ Finance & Mgmt. Services Agency 25E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 7, 2006 TITLE. AP AGREEMENTS FOR BUILDING PLAN CHECK SERVICES AND APPROPRIATION ADJUSTMENTS ~~ ,'' j nRG~' ~G "~ CONT I~/T/~~lk. FILE N t CITY MANAGER OF COUNCIL USE ONLY: ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For TO RECOMMENDED ACTION 1. Direct the City Attorney to prepare and autho ize the City Manager and Clerk of the Council to execute agreements ith Robert Tyler; Scott Fazekas and Associates, Inc.; Tmad, Tay or & Gaines; and NYA Consulting Structural Engineers in an aggre ate total amount not to exceed $500,000. 2. Approve appropriation adjustments recognizing not to exceed $500,000 in the 2006-2007 building plan check (account no. 011-01- various amounts not to exceed $500,000 to t Agency 2006-2007 FY budget allocation in the services (account no. 11-508-6291) for pays contracted to complete building plan checks c DISCUSSION The City has experienced an upward trend in dF several years which is expected to continue in Six major projects, alone, are expected to begir twelve months. Among these are: One Broadway building on Broadway Avenue; Steadfast Cordova, mixed use project at 1900 N. Main Street; tw include one 23-story residential tower at MacArt four-story, 350 unit residential project at Me Boulevard; and the Promenade Pointe project, wi and a second 18-story tower of residential unit: projects will put an enormous burden on the pla timely and accurate processing of plans. In order to provide an acceptable service 1 projects, while still maintaining an acceptable for all plan submittals, it is necessary to aL aggregate total amounts FY revenue account for 1401) and appropriating ie Planning and Building account for contractual ents to the consultants f various projects. velopment over the last .he current fiscal year. development in the next plaza, a 37 story office a three and four story ~ Nexus projects, which hur Cinema site, and one in Street and MacArthur ,h one eight-story tower These and other major i check staff to provide 1 for these new major vel of customer service ant plan check staff as 25F-1 Plan Check Agreements and Appropriation Adjustments August 7, 2006 Page 2 soon as possible. Since additional full-tim employees may not be required when these major projects achieve final approval, it is recommended that the City utilize contracted p an check services on an on-call basis to address the peak workload deman s more efficiently. In October 2005, City Council approved a simila plan check services in a total aggregate amount Because many of the projects that were expected process were not submitted in FY 2005-06, on allocated to the Planning and Building Agency bti FY 2005-06. Of eight consulting firms that responded to the four consulting firms meet the City's requirem~ qualified engineering staff, turn-around time, these recommended firms, Robert Tyler and Scott Inc., will provide complete plan check services 70% of the City's plan check fee charged to ea The other two recommended firms, Tmad, Taylor & ~ Structural Engineers, will provide structura: selected projects at a rate not to exceed 40% fee charged to the project. All contracted required plan revisions and deferred submitta rates. All four firms have agreed to no other ac FISCAL IMPACT Plan check fees paid to the City for each projec~ plan check will fund the cost for the consulta exceed 70°s of the plan check fee paid to the Ci structural plan check is provided by a consulting amount not to exceed 40% of the total plan chec These amounts will be recognized in the revenue < check (account no. 011-01-5401) and a like amc Planning and Building Agency account for contr. no. 11-508-6291), not to exceed a total amou allocated amounts to the Planning and Buil< contracted plan check will include only fees not 07 revenue projection for building plan check. APPROVAL AS day M. Trevino E~cutive Director Planning and Building Agency SB:rb sb\rfcas\2006-09\Plan Check Services Aug-06 ~At~m~.~~ . . Francisco Gut Executive Dir Finance & Man 25F-2 request for contracted not to exceed $900,000. to enter the plan check y $20,000 was actually 9get for this purpose in Request for a Proposal, nts for availability of ocale, and fees. Two of Fazekas and Associates, at a rate not to exceed h project they receive. sines and NYA Consulting only plan checks on f the City's plan check `firms will process any s at acceptable hourly 3-on costs. contracted out for full is at an amount not to y. In cases where only firm, the fee will be an c fee paid to the City. ;count for building plan lnt appropriated to the ctual services (account t of $500,000. These Lng Agency budget for Lncluded in the FY 2006- FUNDS AND ACCOUNTS: ~~ ~ T , re z Services Agency/~ REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 7, 2006 TITLE: AGREEMENT WITN ALLISON 6 PARTNERS FOR UASI PUBLIC EDUCATION CAMPAIGN CITY MANAGER RECOMMENDED ACTION COUNCIL USE ONLY: As Recommended As Amended Ordinance on 1 s' Reading Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For_ D TO Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement wi h Allison & Partners to provide public education campaign on terrorism a d emergency preparedness in an amount not to exceed $180,000. DISCUSSION On August 16, 2004, the City Council accepted Security Initiative (UASI) grant from the federa Security, through the State of California, Offi~ This initiative was designed to enhance the domes areas by ensuring that all emergency first x equipment, training, and systems to prevent, resp acts of terrorism. The grant provides total agencies for equipment purchases and training ap the federal Office of Domestic Preparedness. In a collaborative effort, the cities of San leveraging UASI grant funds to bring a public educ terrorism and emergency preparedness. After a Ri was completed by the City of Anaheim, the mark Partners was selected and retained. The Ci~ implemented preliminary phases of the "ReadyOC" ca $15 million Urban Area Department of Homeland e of Homeland Security. is preparedness of urban ~sponders have adequate end to, and recover from reimbursement to local roved and authorized by a Ana and Anaheim are tion campaign concerning 3uest for Proposal (RFP) ting firm of Allison & ~ of Anaheim UASI has paign countywide. Under the terms of this agreement, additional pha es of the campaign will include a "ReadyOC" Community Liaison, strategic p ans for community events and media relations, and "Response Training" m rketing. In order to continue the efforts within the Santa Ana Urban Ar a, staff recommends that the City enter this agreement with Allison & Partn rs. CLERK FILE NU 25G-1 Agreement for Public Education Campaign August 7, 2006 Page 2 FISCAL IMPACT Funds are available in the FY 2004 UASI Grant account (account no. 125-331-6291-33107). APPROVED Paul M. Walters Chief of Police Police Department Francisco Executive Finance & Contractual Services TO FUNDS AND ACCOUNTS: ~ ~ tierrez -'~ rector mt. Services Agency 25G-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 7, 2006 TITLE: AMEND AGREEMENT WITH STEPHAN, ORINGHER, RICHMAN & THEODORA, P.C., FOR LEGAL SERVICES (A-2001-104) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER A-2001-104 Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to the Legal Services Agreement with Stephan, Oringher, Richman & Theodora, P.C., to increase the hourly fee for services. The City Attorney's Office provides legal services to the City, its officials and employees, primarily through staff attorneys. However, it is sometimes necessary to retain outside counsel for specialized fields of practice and cases that have extraordinary staffing requirements. Martha Shen-Urquidez, of Stephan, Oringher, Richman & Theodora has been representing the City since May, 2001. Ms. Shen-Urquidez has increased her billing rate to $195.00 per hour, plus reimbursable costs for expenses such as travel, photocopying, and facsimile transmissions. Her billing rate of $150.00 per hour has not been increased since the commencement of services in 2001. In surveying the limited market for these services, the City Attorney staff found the rate for services to be competitive given the complexity of the litigation and the expertise Ms. Shen-Urquidez possesses. 25H-1 Amend agreement with Stephan, Oringher, Richman & Theodora, P.C. August 7, 2006 Page 2 FISCAL IMPACT Funds for the services are available in the FY 06-07 Personnel Services Account (account no. 80-180-6191). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez ~~,.~ Executive Director Finance & Management Services Agency 25H-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 7, 2006 TITLE: RENEW AGREEMENT WITH THE ORANGE COUNTY DEPARTMENT OF EDUCATION FOR JAIL TESTING SERVICES ~fI W- CITY MANAGER RECOMMENDED ACTION Direct the Cit Clerk of the Department of services in an DISCUSSION As Recommended As Amended Ordinance on 1~~ Reading Ordinance on 2n° Reading Implementing Resolution Set Public Hearing For_ )TO y Attorney to prepare and authorize the City Manager and the Council to renew the agreement with the Orange County Education to provide General E ucation Diploma testing annual amount not to exceed $30,000. The Santa Ana Jail provides various educational One of the programs offered by the Jail is the o obtain a General Educational Diploma (GED). ThE and Correctional Education Schools and Services County Department of Education has been providinc the Santa Ana Jail inmates for the past several y renewal of this agreement. FISCAL IMPACT Funds are available in the Police Department, I: Contractual Services account (account no. 023-349- APPROVED ' ,. Paul M. Walters Chief of Police Police Department -tC~hrnc ~ Francisco Executive Finance & CLERK pF COUNCIL USE ONLY: FILE Lasses for the inmates. ortunity for inmates to Alternative, Community, Division of the Orange GED testing services to ,rs and staff recommends 91) . Welfare Fund Other TO FUNDS AND ACCOUNTS: ~•~ tierrez rector ~' mt. Services Agency 251-1 251-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 7, 2006 TITLE: AGREEMENT WITH GENERAL LEARNING CLIMATES, INC. FOR CONSULTING AND TRAINING SERVICES CIfiY MANAGER RECOMMENDED ACTION CLERK ~F COUNCIL USE ONLY: As Recommended As Amended Ordinance on t~' Reading Ordinance on 2ntl Reading Implementing Resolution Se[ Public Hearing For_ ~ TO FILE Direct the City Attorney to prepare and authorize he City Manager and the Clerk of the Council to execute an agreement with General Learning Climates, Inc. to provide consulting and training services to the Police Department and Public Works Agency in an amount no to exceed $60,000. The Police Department entered into an agreemen with General Learning Climates, Inc. (GLC) to assist the departmen with team building, organizational development, and goal setting se sions for managers and staff. In addition, GLC provides evaluations of t e department's Community Oriented Policing strategies. Staff recommend renewing the current agreement to include services that will further st engthen the department's organizational structure by enhancing quality 'mplementation, internal systems, and communications. The Police Depar ment's portion of the agreement will not exceed $40,000. Currently, General Learning Climates, Inc. is also providing consulting services to the Public Works Agency for organiza Tonal development, team building and problem resolution. A new agree ent is recommended to continue assisting the Agency with various organizational issues in the amount of $20,000. 25J-1 General Learning Climates August 7, 2006 Page 2 FISCAL IMPACT Funds are available in the Police Department, Of ice of the Chief Other Contractual Services account (account no. 11-331 6291) in the amount of $40,000 and Public Works Administration account for Other Contractual Services (account no. 101-601-6291) in the amount f $20,000. APPROVED ,G R Paul M. Walters Chief of Police Police Department ,/" li~lJ'l/ " ~/ Japrtes G. Ross E ecutive Director ~blic Works Agency Francisco Executive Finance & 25J-2 TO FUNDS AND ACCOUNTS: - ~.~,~ utierrez irector gmt. Services Agency REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 7, 2006 TITLE: 800MHz COUNTYWIDE COORDINATED COMMUNICATION SYSTEM OW'/t/ ~' /`^~N~ CITY MANAGER RECOMMENDED ACTION APPROVED AS TO FUNDS AND ACCOUNTS: CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1" Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance amending the Santa Ana Municipal Code Chapter 14 regarding in-building public safety radio coverage as it applies to new development. DISCUSSION The City of Santa Ana provides public safety services to the community. Recent development in the City has caused interference to the 800MHz Countywide Coordinated Communication System used by both the Fire and Police Departments. To minimize the interference, the proposed ordinance requires all planned construction that does not provide the necessary level of radio communication needed be equipped with technology that will allow effective and continuous radio communication to be maintained. FISCAL IMPACT There is no fiscal impact associated with this action. ., ~ -- i %=--, Phillip M. Garcia Fire Chief Firs Department Francisco Gutierrez Executive Director Finance & Management Services Agenc~ aT' 50A-1 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTIONS 14-4 THROUGH 14-4.6 TO CHAPTER 14 OF THE SANTA ANA MUNICIPAL CODE REGARDING PUBLIC SAFETY RADIO SYSTEM COVERAGE. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana ("City") provides public safety services to its community including police services through the Santa Ana Police Department ("SAPD") and fire services through the Santa Ana Fire Department ("SAFD"); and B. Recent development throughout the City has caused interference to the 800 MHz Countywide Coordinated Communication System used by both SAPD and SAFD. C. Said radio interference has caused a lack of both quality and essential public safety emergency radio communication and, as a result, is a potential threat to the safety of emergency workers and to the public. D. In order to minimize the danger to life caused by ineffective communication, all planned construction of new buildings that does not provide for the necessary level of communication under the 800 MHz Countywide Coordinated Communications System must be equipped with technology that will allow effective and continuous radio communication to be maintained. E. The regulations added by this ordinance constitutes a "local security standard," as that term is utilized in California Penal Code section 14501, regulating the erection, construction, or alteration of buildings within the City. F. The proposed ordinance is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15308 of Title 14 of the Califomia Code of Regulations because the ordinance sets forth specifications and procedures for the maintenance, restoration, enhancement, and protection of the environment. Section 2. The City Council hereby approves and adopts the "City of Santa Ana Public Safety Radio System Coverage Specifications," attached hereto as Attachment "A" and incorporated herein by this reference. The Fire Chief or designee may, from time to time, prepare such amendments to the City of Santa Ana Public Safety Radio 50A-2 System Coverage Specifications as are necessary to enforce the policies and purposes of this ordinance. Such amendments shall be deemed officially adopted upon their receipt and filing with the City Council at any regular or special meeting of the Council. Section 3. Sections 14-4 through 14-4.6 are hereby added to Chapter 14 of the Santa Ana Municipal Code, to read in full as follows: Sec. 14-4. Public Safety Radio System Coverage -Intent and purpose. The intent of the section is to provide a regulatory framework for the purpose of providing effective 800 MHz Countywide Coordinated Communication System coverage throughout the City of Santa Ana for police and fire emergency services. Sec. 14-4.1. Same -Definitions. The following words, terms, and phrases when used in these sections 14.4 through 14.6 shall have the meanings ascribed to them in this section, except where the context clearly indicates a differing meaning: A. SAPD shall mean the Santa Ana Police Department B. SAFD shall mean the Santa Ana Fire Department. C. OCSD/Communications shall mean the Orange County Sheriff-Coroner Department/Communications Division. D. Countywide Coordinated Communication System shall mean that radio system used by local law enforcement, fire, lifeguard and public works departments within the County of Orange for emergency and non-emergency radio communication on the 800 MHz radio band. E. City of Santa Ana Public Safety Radio System Coverage Specifications shall mean those officially adopted specifications designed to provide optimum coverage and radio effectiveness within buildings and structures under the Countywide Coordinated Communication System. F. FCC-Certified Technician shall mean an individual who is qualified with a General Radiotelephone Operator License (GROL/PG), or equivalent, to review design plans and perform tests in affected structures to measure City of Santa Ana Public Safety Radio System Coverage Specifications. G. Special Inspector shall mean an FCC-certified technician approved by the City of Santa Ana. Sec. 14-4.2. Same -Use and occupancy. A. No person shall construct or remodel, as defined herein, any building or structure, or cause the same to be done, which fails to support adequate radio 50A-3 coverage for City emergency service workers operating on the 800 MHz Countywide Coordinated Communications System; provided that said building or structure is (a) is designed or intended for commercial, institutional or industrial use and is four (4) stories or more excluding subterranean storage or parking, or (b) is designed or intended for residential or mixed use and is five (5) stories or more excluding subterranean storage or parking. B. For purposes of this section the word "remodel "shall mean renovation, alteration or improvement of any building or structure devoted to commercial use of more than thirty percent (30%) of the original building or structure. C. No Certificate of Occupancy shall be issued for any building or structure covered in subsection A of this section, nor shall any such building or structure be occupied, absent proof of compliance with this section. D. The owner of any building or structure which has installed a 800 MHz Countywide Coordinated Communications System shall be responsible for maintaining a reasonable standard of reliable radio communication within their buildings and structures once a Certificate of Occupancy is issued. E. For the purposes of this section, adequate radio coverage shall include those specifications in the City of Santa Ana Public Safety Radio System Coverage Specifications. F. Should construction of a new building or structure, which is otherwise exempt from this section, include one or more subterranean storage or parking levels, then this ordinance shall apply only to the subterranean levels. Sec. 14-4.3. Same -Testing procedures. Test of radio coverage will be conducted pursuant to those specifications in the City of Santa Ana Public Safety Radio System Coverage Specifications, as summarized below. A. Initial Tests. Initial tests will be performed by FCC-certified technicians in accordance with Test Standards as listed in the City of Santa Ana Public Safety Radio System Coverage Specifications. ACertificate of Occupancy shall not be issued if said structure, or any part thereof, fails to comply with these Test Standards. B. Annual Tests. Annual tests will be conducted by SAFD personnel, or their agent in accordance with the Test Standards as listed in the City of Santa Ana Public Safety Radio System Coverage Specifications. Sec. 14.4.4. Same -Amplification systems allowed. Buildings and structures that cannot support the required level of radio coverage shall be equipped with amplification systems as specified in the City of Santa Ana Public Safety Radio System Coverage Specifications. 50A-4 Sec. 14-4.5. Same -Costs. The FCC-certified technician is the special inspector who shall be employed by the owner, the engineer or architect of record, or agent of the owner, but not the contractor or any other person responsible for the building or structure construction. Sec. 14-4.6. Same -Non-compliance and Penalty. A. After discovery of non-compliance, the building owner shall be provided forty- five (45) days from written notification by the Fire Chief or designee to remedy the deficiency and gain compliance. B. It shall be unlawful for any person, firm or corporation to violate any provision or fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provisions of this ordinance or failing to comply with any of its requirements shall be deemed guilty of an infraction, punishable by fine not exceeding Two Hundred and Fifty Dollars ($250.00) per day. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continues or permitted by such person, form or corporation, and shall be punishable therefore as provided for in this ordinance. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2006 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Paula Coleman Assistant City Attorney 50A-5 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 50A-6 ATTACHMENT "A" CITY OF SANTA ANA PUBLIC SAFETY RADIO SYSTEM COVERAGE SPECIFICATIONS Performance. Specifications are provided to assist property owners in satisfying a delivered audio quality (DAQ) of 3 with a 90% reliability factor for emergency personnel using radio communication in their buildings and structures. Property owners who can demonstrate full compliance with the reliability factor without adhering to all of the following specifications may be excused from all or part of these provisions. Property owners who adhere to all of the specifications and fail to reach the reliability factor must employ all resources necessary to ensure full compliance. Performance and compliance will be inspected annually as part of the Santa Ana Fire Department's Annual Fire Inspection. 2. Signal Strength, Signal Rejection, Modulation Compatibility, Delivered Audio Quality and Technical Specifications. The following defines the minimum required level of radio signal strength: • A minimum signal strength of (-95dBm) in 90% of the area of each floor of the building from both the 800 MHz Countywide Communications Systems and from within the building is required. • The frequency range supported from the 800 MHz Countywide Communications System shall be 851 - 869 MHz (base transmitter frequencies). • The frequency range supported to the 800 MHz Countywide Communications System shall be 806 - 824 MHz (radio field transmit frequencies). • A public safety radio amplification system shall include filters to reject frequencies below 851 MHz and frequencies above 869 MHz by a minimum of 35 dB. • All system components must be 100% compatible with analog and digital modulations after installation without additional adjustments or modifications. The systems must be capable of encompassing the frequencies stated herein and capable of future modifications to a frequency range subsequently established by the City of Santa Ana. If the system is not capable of modification to future frequencies, then a new system will need to be installed to accommodate the new frequency band. Active devices shall have a minimum of -50 dB 3rd order intermodulation protection. 50A-7 All active in-building coverage devices shall be FCC Part 90 Type Certified. • UL listing is required for any AC operated power supplies. Active devices shall include a minimum of 12 hours of battery backup power. • Any in-building coverage system shall be installed by a City approved, manufacturer-trained and certified installer. The delivered audio ouality is defined below: DAQ Subjective Performance Description Delivered Audio Qualit 1 Unusable, s eech resent but unreadable. 2 Understandable with considerable effort. Frequent repetition due to noise /distortion. 3 Speech understandable with slight effort. Occasional repetition required due to noise /distortion. 3.5 Speech understandable with repetition only rarely required. Some noise /distortion. 4 S eech Basil understood. Occasional noise /distortion. 4.5 S eech Basil understood. Infre uent noise /distortion. 5 S eech Basil understood. 3. Remedies to achieve compliance (Acceptable Amplification Systems): If needed to ensure compliance with the 90% reliability factor, the property owner must install each of the following: An in-building coverage system composed of a radiating cable system or an internal multiple antenna system with FCC-certified bi-directional 800 MHz amplifier(s), distribution system, and subcomponents. Any active devices (e.g. signal booster(s)) must be encased in a NEMA 4 (or equivalent) dust/waterproof case and clearly labeled "City of Santa Ana Public Safety Radio". Multi-band pass filters as required. 50A-8 In the event of a power outage, all electrical components must be equipped with independent auxiliary battery power or generators to function at full capacity for at least twelve (12) hours. Once a system is installed, a Spectrum Analyzer will be used to evaluate the system for harmful interference to the 800 MHz Countywide Coordinated Communications System backbone initially, and annually thereafter by an OCSD/Communications Division FCC- certified technician. Any interference must be identified and removed before the system can be accepted. 4. Applicable Federal Communications Commission Rule Compliance. All active devices used to provide extended coverage must be FCC-certificated. A. Test Standards. Design Review and Certification. 1. Prior to issuance of a building permit, the applicant shall: Retain an FCC-certified technician who will review construction plans in order to ensure that such plans meet aforementioned radio communication criteria, and recommend, if needed, an in-building solution for reliable radio communication; ii. Submit copies of plans certified with the signature of the technician to the City of Santa Ana, SAPD/SAFD and OCSD/Communications; 2. Prior to issuance of a Certificate of Occupancy, the applicant shall: Retain an FCC-certified technician who will test all areas of the building or structure, verify installation and operation of in-building solutions, if needed, and certify all of the findings stated herein on the date of inspection with his/her signature. A passing test is one that demonstrates DAO 3 with a 90% reliability factor on each floor. Owners of buildings or structures that fail to meet this standard will not be in compliance with this ordinance. ii. The building owner must retain all records of initial and annual inspections and submit copies to the City of Santa Ana, SAPD/SAFD, and OCSD/Communications. B. Initial Test Procedure. For purposes of testing, each floor of the building shall be divided into a grid of approximately twenty (20) equal areas. A maximum of two (2) nonadjacent areas will be permitted to fail the test. In the event that three (3) of the areas fail the test, and to provide greater statistical accuracy, the floor may be divided into forty (40) equal areas. In 50A-9 such an event, a maximum of four (4) nonadjacent areas will be permitted to fail the test. As specified by the authority having jurisdiction, the test shall be conducted by using a Motorola XTS 3000/XTS 5000 or equivalent portable radio talking through the 800 MHz Countywide Coordinated Communications System. A spot located approximately in the center of a grid area will be selected for the test. The radio will then be keyed to verify two-way communication to and from the outside of the building through the 800 MHz Countywide Communications System. Once the spot has been selected, prospecting for a better spot within the grid area will not be permitted. All auxiliary power systems shall be tested under load for a period of one (1) hour to verify that the system will operate properly in the event of a power outage. The testing technician reserves the discretion to determine whether or not the battery exhibits symptoms of failure. The FCC-certified technician will ultimately decide if the auxiliary system needs to be replaced or upgraded. C. Annual Test Procedure. After a Certificate of Occupancy is issued, the SAFD Inspector or appointed agent will annually test the in-building system components to determine general functional operability. If non- compliance is found, an approved FCC-technician will reassess the improvement upon scheduling by the building owner. D. Every two years battery back-up systems shall be replaced per manufacturer's specifications. 5. Additional equipment feature requirements. Active devices shall be alarmed. A phone line (plain old telephone service or POTS) will provide dial tone to an alarm device. The alarm device will be programmed to activate a pager on the County of Orange's 900 MHz paging system. Access to the active components of the in-building coverage system (if any) is required twenty-four (24) hours a day by County technicians/engineers. The minimum alarms will indicate loss of AC failure and operational failure. The device shall also have modem access to allow remote monitoring. 6. New Building Construction All new building construction shall have atwo-inch conduit installed between the first and bottom subterranean floor and said conduit shall extend along the center of the building to the roof. At each floor and the roof, an opening shall be made to afford easy access to the conduit from the ceiling. Access in either the form of drop ceiling or conduit shall be made available along hallways and through firewalls. All subterranean parking garages shall have a similar conduit installation. 50A-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 7, 2006 TITLE: AMENDED BALLOT TITLE FOR NOVE1! 7, 2006 SPECIAL MUNICPAL ELEC7 RELATING TO AMENDMENT TO CITY CHARTER SECTION 401 CITY MANAGER RECOMMENDED ACTION VCIL USE ONLY: nded 1~` Reading 2ntl Reading Resolution aring For Adopt resolution amending Resolution No. 2006-041 setting forth the ballot questions to be submitted at the 2006 General Municip 1 Election. On July 3, 2006, the City Council adopted a res language of the ballot titles for the City Charter ai the ballot for the 2006 Special Election conso Municipal Election. The ballot title detailed in the proposed amendments to Section 901 erroneously proposal established a 30 day residency requiremen councilmember and mayor. The amending resolution correctly identifies the ba: amendments to Charter Section 401. The titles for changes remain in full force and effect. FISCAL IMPACT There is no fiscal impact assoc'ated with this acti Patricia Healy, Clerk o~e Council 55A-1 lution setting forth the ~ndments to be included on idated with the General he adopted resolution for ailed to address that the for candidates for city of title for the proposed ill other proposed charter JWF 07/19/2006 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2006-041 SETTING FORTH THE LANGUAGE OF BALLOT TITLES FOR CITY CHARTER AMENDMENTS TO BE INCLUDED ON THE BALLOT FOR THE 2006 GENERAL ELECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. By Resolution 2006-041 the City Council approved the form of ballot questions for certain proposed amendments to the Santa Ana City Charter to be submitted to the voters at the 2006 General Election. Section 2. The form of the question for the proposed amendments to Section 401 erroneously failed to address the aspect of the amendment establishing a 30 day residency requirement for candidates for city council member and mayor. Section 3. The ballot question for the amendments to section 401 shall be proposed as follows, with identification as determined in accordance with the California Elections Code: Shall the term limit provisions of the Santa Ana Charter be amended to: establish a 30 day residency requirement for candidates for Yes councilmember and mayor; require an 8 year waiting period for termed- out councilmembers to run for council again; and, clarify that the term limit exception for short or partial terms apply only where a No councilmember is appointed or elected to fill a vacated seat? Charter Section 401 Section 4. Except as expressly modified herein, Resolution 2006-041 shall remain in full force and effect. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _day of August 2006. Resolution No. 2006- Page 1 of 2 55A-2 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006-xx to be the original resolution adopted by the City Council of the City of Santa Ana on August 7, 2006. Date: Clerk of the Council City of Santa Ana 55A-3 55A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 7, 2006 TITLE: PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN TO CREATE PAY ADDITIVES FOR POLICE FORENSICS EMPLOYEES APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For ~y . w -~ _ ~~ CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Adopt a resolution that amends the City's Basic Classification and Compensation Plan to provide 2.So pay additives to employees in the job classifications of Forensic Specialist I and Forensic Specialist II who voluntarily complete certain specialized training programs and assume greater responsibilities. DISCUSSION As a result of recent negotiations with the Police Officers Association, the City has agreed to provide two, 2.5% incentive pay additives to incumbents in the job classifications of Forensic Specialist I and Forensic Specialist II upon qualification as a Tenprint/AFIS Technician and Fingerprint Analyst, respectively. To qualify for these incentive pay additives, incumbents will be required to complete two in-house educational programs consisting of either 300 or 490 hours of training as well as additional hours of casework and practical application. Incumbents must also successfully pass a series of oral, written and performance examinations. Additionally, a 2.5o assignment pay will be given to incumbents in the job classification of Forensic Specialist II who supervise these training programs. Creation of these pay additives will lead to an increase in the number of qualified fingerprint examiners in the Police Department, which is necessary in order to comply with federal guidelines dictatinq that every print comparison be completed by two trained forensics specialists. Additional staff trained in fingerprint analysis will also result in more rapid processing of both current and on-file fingerprints, which is necessary before criminal cases can be pursued by prosecutorial authorities. Finally, employees who are trained as fingerprint examiners will be eligible to testify in court proceedings concerning the prints they recover from crime scenes. 55B-1 Proposed Amendment to Classification and Compensation Plan August 7, 2006 Page 2 of 2 FISCAL IMPACT The fiscal impact figures below represent estimat remainder of the fiscal year, assuming an effect 2006. Incentive pay for Forensic Specialist I: $1,285 possible total if all employees qualify: $12,850 costs for the date of September 1, employee (maximum Incentive pay for Forensic Specialist II: $2,800 per employee (maximum possible total if all employees qualify: $5,600). APPROVED AS TOFUNDS AND ACCOUNTS: Ll\~4 ~S~Enrique J. Alva Executive Director Personnel Services Agency Paul Walters Police Chief Police Department Francisco G Executive D Finance and 55B-2 -~aQL.t.,~> t Services Agency RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 82-110 TO AMEND THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN TO ADD SPECIAL PAY PROVISIONS FOR THE CLASSIFICATION TITLES OF FORENSIC SPECIALIST I AND FORENSIC SPECIALIST II. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82-110 revising and re-establishing the Basic Classification and Compensation Plan for all officers and employees of the City of Santa Ana. C. The City of Santa Ana has reached an agreement with the Santa Ana Police Officers Association (POA), and has put forth the Ninth Side Letter Amendment to the Memorandum of Understanding (MOU) for Fiscal Years 2004-2008 providing special pay provisions for the full time classification titles of Forensic Specialist I and Forensic Specialist II. D. It is now desired to amend the City's Basic Classification and Compensation Plan in order to effect these changes. Section 2: That Section 3.1 Special Compensation Provisions (Applicable to Full Time Civil Service Emplovees Onlv. Unless Otherwise Specified) of Resolution 82-110, as amended, is hereby further amended by: A. adding the following pay designation "yy° to the list of special compensation provisions: "(yy) Incumbents in the classifications of Forensic Specialist I and Forensic Specialist II, who are continuously and regularly assigned as a Tenprint - AFIS Technician, will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above their then current base monthly salary step." 55B-3 B. adding the following pay designation "zz" to the list of special compensation provisions: "(zz) Incumbents in the classifications of Forensic Specialist I and Forensic Specialist II, who are continuously and regularly assigned as a Fingerprint Analyst, will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above their then current base monthly salary step." C. adding the following pay designation "aaa" to the list of special compensation provisions: "(aaa) Incumbents in the classification of Forensic Specialist II, who are continuously and regularly assigned as a Fingerprint Training Officer, will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above their then current base monthly salary step." Section 3: That except as amended by this Resolution, all other provisions of Resolution No. 82-110 shall remain in full force and effect. Section 4: That except as stated otherwise above, this Resolution shall be operative from and after September 1, 2006. ADOPTED this _ day of August, 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka Assistant City Attorney 55B-4 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006-XX 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 55B-5 55B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 7, 2006 TITLE: THE SANTA ANA RIVER VISION PLAN ~~~ ~~~,~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Direct staff to seek grant funding to improve trail and habitat opportunities along and adjacent to the Santa Ana River. 2. Direct staff to work with various agencies to seek opportunities to implement the Vision, Goals and Policies of the Santa Ana River Vision Plan. 3. Direct staff to work closely with the County of Orange in their efforts to improve the trails and programs along the river. 4. Receive and File. DISCUSSION On November 15, 2004, the Santa Ana City Council approved the formation of the Santa Ana River Task Force to study the possibility of restoring natural habitat environments and expanding recreational opportunities along the River. The Park Development, Recreation Programs and Education Partnerships Council Committee solicited applications from various governmental agencies, community organizations and businesses to serve on the Task Force. The City Council appointed 23 individuals to serve on the Santa Ana River Task Force. The Santa Ana River Task Force toured various areas along the Santa Ana River and met over a period of eight months to develop the Vision Statement, review Opportunities and Constraints along the river and developed the Goals, Policies and Implementation Actions for the Santa Ana River Vision Plan. The Santa Ana River Task Force intends for this Vision Plan to act as a catalyst towards the development and implementation of a vision for the Santa Ana River. On June 13, 2006, the Task Force approved the Santa Ana River Vision Plan and directed staff to refine the plan for City Council approval. On June 28, 2006, the Santa Ana Vision Plan was presented to the Board of Parks and Recreation for information. The Board fully supports the plan as a means to provide future open space for the City of Santa Ana. 65B-1 The Santa Ana River Vision Plan August 7, 2006 Page 2 CEnA COMPLIANCE In accordance with the California recommended action is not considered environmental documentation is required. Environme tal Quality Act, the a CEQA project. Therefore, no FISCAL IMPACT There is no fiscal impact associated with this act i~~ Gerardo Mouet / Executive Director I Parks, Recreation, & Community Services Agency 65B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 7, 2006 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2006-03 TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH NEW REGULATIONS FOR SUPERSTORE RETAIL USES ~ ~~.__ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve and adopt the Negative Declaration for Environmental Review No. 2006-74. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2006-03. PLANNING COMMISSION ACTION On July 24, 2006, the Planning Commission recommended that the City Council approve and adopt the Negative Declaration for Environmental Review No. 2006-74 and adopt an ordinance approving Zoning Ordinance Amendment No. 2006-03 by a vote of 3:1 (Leo opposing, Gartner and Lutz absent) to amend Chapter 41 of the Santa Ana Municipal Code to establish new regulations for Superstore retail uses. The Planning Commission made no changes to the modifications outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Ja M. Trevino E cutive Director Planning & Building Agency HS:rb hs\big box\zoa06-03.cc 75A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JULY 24, 2006 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDME: NO. 2006-03 TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH NEW REGULATIONS FOR SUPERSTORE RETAIL USES Prepared by Hally Soboleske cutive Director RECOMMENDED ACTION Recommend that the City Council: PLANNING SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO ~Plan~ager 1. Approve and adopt the Negative Declaration for Environmental Review No. 2006-74. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2006-03. DISCUSSION Background Numerous cities in California are adopting ordinances regulating "Superstore" retail stores due to the potential of local negative impacts. At City Council request, research was conducted and work study sessions held with the Planning Commission at its March 13, 2006 meeting and with the City Council at its March 20, 2006 meeting to discuss the potential of amending the Santa Ana Municipal Code (SANG) by adopting regulations for Superstore retail. Current provisions of SAMC do not address the potential impacts associated with these establishments. Analysis of the Issues Superstore retail establishments are a relatively recent trend in local economies and are not without controversy. Although there are several positive effects related to their presence, such as the generation of sales tax and employment, there are also concerns related to the environmental and economic impacts, such as business displacement, stemming from their operation. Concerns include increased traffic and air quality impacts, as well as the preservation of existing community commercial establishments that serve the local neighborhood. EXHIBIT A 75A-2 Zoning Ordinance Amendment No. 2006-03 July 24, 2006 Page 2 Superstore retail is not conducive to a pedestrian environment due to typical bulk-type purchases, as well as the size of the building with the resulting size of the parking lot to accommodate the use. However, there are areas within the city that are well-suited to Superstore retail such as those areas located along arterial roads. There are several such businesses presently operating within the City's boundaries in commercial zones, and although the SAMC differentiates between various types of retail sectors (e.g., community commercial versus arterial commercial), it does not specifically address Superstore retail uses. Additionally, staff reviewed for context the "Shils Report" (1997) by Edward B. Shils, Ph.D., and "Impact of Big Box Grocers on Southern California" (1999) by the Orange County Business Council. These reports discuss the economic impacts associated with Superstores. The proposed ordinance defines Superstore retail as any retail use that utilizes 120,000 square feet or more of gross floor area (Exhibit 1), and uses more than 10 percent of sales floor area for non-taxable merchandise. "Sales floor area" is defined as interior space only devoted to the sales of merchandise and does not include restrooms, office space, storage space, automobile or personal service area, open-air retail or garden area, or restaurant area. Superstore retail shall be defined in SAMC Chapter 41. Parking requirements of 5:1000 for typical retail uses would also be applicable to Superstore retailers. To address the compatibility of Superstore retail with other nearby uses, it is proposed that it be conditionally permitted in C1, C2, C4 and C5 zones. Superstore retailers would not be a permitted use in the Central Business, Commercial-Museum District, Commercial South Main, Central Business-Artist Village or Residential Commercial zones where the unique retailer and pedestrian environment are essential to the purpose of the zone. This would allow the City to assess any potential impacts on a case-by-case basis. Additionally, the application will include an economic impact analysis report to examine the potential impacts on existing businesses in a three- mile buffer area. Any such report shall be completed by a pre-approved list of consultants selected by the City and funded by the applicant. Superstore retailers already in possession of a valid Certificate of Occupancy will not be subject to this new ordinance, if adopted. In concert with the City's economic development goals established by the City's Economic Development Element of the General Plan to maintain and enhance diversity of the local economic base, and Goals 1, 2 and 5 of the Land Use Element, it is recommended that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment 2006-03 (Exhibits 2 and 3). 75A-3 Zoning Ordinance Amendment No. 2006-03 July 24, 2006 Page 3 CEQA Compliance In accordance with the California Environmental Quality Act, Negative Declaration Environmental Review No. 2006-74 has been prepared for this project (Exhibit 4). 2 ~~~ Hally So leske Associate Planner HS:jm hs\big box\zoa06-03.pc 75A-4 bk/7-20-06 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTIONS 41-27.5, 41-646.5, 41-1361, AND AMENDING SECTIONS 41- 365.5, 41-377.5, 41-412.5 AND 41-424.5 OF THE SANTA ANA MUNICPAL CODE RELATING TO THE DEVELOPMENT OF SUPERSTORES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. [Findings to follow after public hearing.] Section 2. Section 41-27.5 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-27.5. Superstore. A Superstore is any retail use that sells from the premises goods and merchandise, primarily for personal and household use, and whose total interior space exceeds 120,000 square feet, and which devotes more than ten percent (10%) of its total interior space to the sale of merchandise which are not subject to State sales tax. For purposes of determining total interior space, restrooms, office space, storage space, and service areas (e.g., automobile service, doctor or dental service, or restaurant/fast food service) shall be excluded, but the aggregate space of adjacent stores that share common check stands, management, operation, controlling ownership, or warehouse or distribution facilitates shall be included. Section 3. Section 41-365.5 of the Santa Ana Municipal Code is hereby amended to add Superstores as a permitted use subject to a conditional use permit such that it reads as follows (new language in bold for tracking purposes only): Ordinance No. NS-XXX ~Fj11B~ 1 Page 1 of 8 Sec. 41-365.5. Uses subject to a conditional use permit in the C1 district. The following uses may be permitted in the C1 district subject to the issuance of a conditional use permit: (a) Clubs. (b) Outdoor and indoor recreational or entertainment uses other than those set forth in section 41-365. (c) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (d) Thrift shops, purchase and loan, pawn shops. (e) Eating establishments with drive-through window service. (f) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (g) Laundromats, subject to the development and performance standards set forth in section 41-199. (h) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (i) Check cashing facilities, as defined by section 41-42.7 of this Code. (j) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (k) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (I) Adult day care facilities. (m) Superstores. Section 4. Section 41-377.5 of the Santa Ana Municipal Code is hereby amended to add Superstores as a permitted use subject to a conditional use permit such that it reads as follows (new language in bold for tracking purposes only): Ordinance No. NS-XXX Page 2 of 8 ~~~_~ Sec. 41-377.5. Uses subject to a conditional use permit in the C2 district. The following uses may be permitted in the C2 district subject to the issuance of a conditional use permit: (a) Any use which may be permitted subject to the issuance of a conditional use permit in the C1 district pursuant to section 41-365.5. (b) Open-air car washes. (c) Trailer parks and camps. (d) Thrift shops, food distribution centers, and counselling service establishments operated by nonprofit or government-subsidized organizations or by public agencies. (e) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (f) Superstores. Section 5. Section 41-412.5 of the Santa Ana Municipal Code is hereby amended to add Superstores as a permitted use subject to a conditional use permit such that it reads as follows (new language in bold for tracking purposes only): Sec. 41-412.5. Uses subject to a conditional use permit in the C4 district. The following uses may be permitted in the C4 district subject to the issuance of a conditional use permit: (a) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (b) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (c) Eating establishments with drive-through window service. (d) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. Ordinance No. NS-XXX 7 C A _~ Page 3 of 8 (e) Laundromats, subject to the development and performance standards set forth in section 41-199. (f) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (g) Check cashing facilities, as defined by section 41-42.7 of this Code. (h) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (i) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. Q) Adult day care facilities. (k) Superstores. Section 6. Section 41-424.5 of the Santa Ana Municipal Code is hereby amended to add Superstores as a permitted use subject to a conditional use permit such that it reads as follows (new language in bold for tracking purposes only): Sec. 41-424.5. Uses subject to a conditional use permit in the C5 district. The following uses may be permitted in the C5 district subject to the issuance of a conditional use permit: (a) Hotels, motels, lodging houses, care homes, fraternity houses, and sorority houses. (b) Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential uses. (c) Hospitals. (d) Public utility structures, including electric distribution and transmission substations. (e) Eating establishments with drive-through or walk-up window service. Ordinance No. NS-XXX Page 4 of 8 75 w _n (f) Service stations and automobile servicing. (g) Car wash establishments, provided they are wholly enclosed. (h) Laundries. (i) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (j) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (k) Laundromats, subject to the development and performance standards set forth in section 41-199. (I) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (m) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (n) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (o) Adult day care facilities. (p) Superstores. Section 7. Section 41-646.5 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-646.5. Findings for Conditional Use Permits related to Superstores. a. Findings. In making the findings otherwise required by this article for approval of a conditional use permit, prior to approval of a Superstore the Planning Commission or City Council, as appropriate, may take into consideration of all economic benefits and costs to the city, and as relevant, the region, of the proposed use based upon information Ordinance No. NS-XXX 75 w _^ Page 5 of 8 contained in an economic impact analysis, as provided below, and any additional information submitted by staff or the public. b. Procedure. An application for a conditional use permit for a Superstore shall follow the procedures otherwise required by this chapter, and in addition the applicant shall prepare and submit an economic impact analysis report as defined herein. The analysis, at a minimum, shall identify the benefits and costs to the city of the proposed Superstore on grocery or retail shopping centers within athree-mile radius. The city manager or designee (i) shall approve in advance the individual or firm preparing the report; which approval may, at the city's option, be satisfied by use of an individual or firm identified on apre-approved list; and (ii) such list may designate additional information on benefits and cost that shall be included in the analysis. Section 8. Section 41-1361 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-1361. Superstores. The minimum off-street parking required for Superstores is one (1) space for each two hundred (200) square feet of gross floor area. Section 9. No Superstore which is legally operating in the city as of the effective date of this ordinance shall be affected by the adoption of this ordinance, unless it loses its legal nonconforming status pursuant to the provisions of Article VI of Chapter 41 of the Code. Section 10. The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Ordinance. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves negative declaration for Environmental Review No. 2006-74 and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse Ordinance No. NS-XXX Page 6 of 8 ~~~_~ O effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. ADOPTED this day of , 2006 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS-XXX 75 A _ ~ ~ Page 7 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 8 of 8 ~ ~ w _ ~ ^ i ~a I ECONOMIC DEVELOPMENT ELEMENT The goals and policies presented by the Element offer the framework for the ROLICY PLAN Policy Plan and the Implementation Plan. The following list of goals and policies has evolved along with the demographic and business characteristics of the community since adoption of the current General Plan sixteen (16) years ago. Economic Development Goals The City's first industrial zonin district was created in 1953 on Goal 1 Increase employment opportunities for local residents. Harbor Boulevard on property owned by the Segerstrom Goal 2 Maintain and enhance the diversity of the City's economic base. family. ^ Goal 3 Increase Santa Ana's share of the regional economy. Goal4 Expand the tax base of local government to improve and maintain the level of public services. Goal 5 Promote a "business friendly' atmosphere by keeping taxes and fees at a fair level competitive with those of comparable communities, and by assisting desirable business growth. Goal 6 Establish numerical benchmarks for measuring the success of economic development program activities, as well as analyzing various economic trends. ~H~~~ LAND USE ELEMENT Land Use Policies Goal 1.0 Promote a balance of land uses to address basic community needs. Policy 1.1 Promote medium density housing in and around the downtown area. Policy 1.2 Support high density residential development within the City's District Centers as a part of master-planned mixed use development. Policy 1.3 Encourage high intensity office development to attract major tenants that will contribute to cultural and business activities of the central city. Policy 1.4 Support development ofsingle-family residential lots on a minimum area of at least 6,000 square feet. Policy 1.5 Maintain and foster a variety of residential land uses in the City. Policy 1.6 Support "live/work" opportunities within specifically defined areas. Policy 1.7 Support open space in under served areas. Policy 1.8 Encourage the development of commercial and nonprofit recreational facilities and services. Policy 1.9 Coordinate street and parkway designs that are attractive, functional, and compatible with adjacent on- site development. Policy 1 .10 Encourage the location of commercial centers at arterial roadway intersections in commercial districts. Policy 1.11 Support the location of regional governmental facilities in the downtown and Civic Center areas. ~~B3~~ LAND USE ELEMENT Goal 2.0 Promote land uses which enhance the City's economic and. fiscal viability. Policy 2.1 Discourage the intrusion of commercial land uses in industrial areas. Policy 2.2 Support commercial land uses in adequate amounts to accommodate the City's needs for goods and services. Policy 2.3 Encourage the location of child care facilities within employment centers. Policy 2.4 Support pedestrian access between commercial uses and residential neighborhoods which are in close proximity. Policy 2.5 Balance the economic and fiscal benefits of commercial development with its impacts on the quality of life in the ThecnmerofFourthS/reet C~• and Main Street was the first commerciallot sold in the city (the lot sold for Policy 2.6 Encourage the creation of new employment opportunities $15'00~~ in developments which are compatible with surrounding land uses, and provide a net community benefit. Policy 2.7 Support projects that contribute to the redevelopment and revitalization of the central city urban areas. Policy 2.8 Promote rehabilitation of commercial properties, and encourage increased levels of capital investment. Policy 2.9 Support developments that create a business environment that is safe and attractive. Policy 2.10 Support new development which is harmonious in scale and character with existing development in the area. Policy 2.11 Create Class A office space suitable for acquisition of major, high profile tenant in the Downtown Development Area. Policy 2.12 .Encourage large-scale office development with ancillary retail in the proximity of the Civic Center Complex, Downtown and Midtowat~ban3~e~s. LAND USE ELEMEN'T' Goal 5.0 Ensure that the impacts of development are mitigated. Policy 5.1 Promote development which has a net community benefit, and enhances the quality of life. Policy 5.2 Protect the community from incompatible land uses. Policy 5.3 Minimize the impact of future right-of-way expansion on existing development and neighborhoods through the use of transportation system management programs and traffic demand management to relieve traffic congestion. Policy 5.4 Support land uses which are consistent with the Land Use Plan of the Land Use Element. Policy 5.5 Encourage development which is compatible with, and supportive of surrounding land uses. Policy 5.6 Discourage access to commercial and industrial areas by way of residential streets. Policy 5.7 Anticipate that the intensity of new development will not exceed available infrastructure capacity. Policy 5.8 Encourage the placement of educational facilities in close proximity to public parks. Policy 5.9 Encourage development which provides a clean and safe environment for the City's residents, workers, and visitors. Policy 5.10 Support a circulation system which is responsive to the needs of pedestrians and vehicular travel. Policy 5.11 Encourage development which does not generate obnoxious fumes, toxins, or hazardous materials. Policy 5.12 Provide appropriate permanent measures to reduce storm water pollutant loads in storm water from a development site. 75316 REQUEST The proposed project is a request to amend the City of Santa Ana Municipal Code to establish an ordinance to define and regulate "Big Box" retail uses. PROJECT DESCRIPTION The proposed amendment to the Municipal Code would establish a definition and regulations for the operation of "Big Box" retail uses. The regulations would establish location criteria as a conditionally permitted use. Below are the standards for the proposed bail bonds ordinance. "Big Box" Retail Use Proposed Regulations Item Recommendation Definition Big Box retail store shall mean any retail use that utilizes oss floor azea of 120,OOOsf or more) Zones Permitted C 1, C2, C4 and CS with a Conditional Use Permit Pazkin Retail use: 5:1000 O eratlonal Standards Standards a 1 for all new retail uses lar er that 12QOOOsf Typical Conditions of A royal Focus on impacts on case by case basis Nonconformance Grandfather only those businesses that were legally operating at the time of the ordinance. RESPONSES TO ENVIRONMENTAL CHECKLIST The following is an analysis of potential environmental impacts associated with the proposed amendment to the Municipal Code to establish an ordinance to regulate Big Box retail uses. The analysis is based upon the City of Santa Ana Environmental Check List. The analysis focuses on impacts associated with approval of the proposed amendment to the municipal code. I. AESTHETICS A. Have a substantial adverse B. Damage scenic resources, trees, rock outpourings State highway? effect on a including and historic scenic vista? but not limited buildings within to a ~J~Bg~~ No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not result in adverse impacts to any scenic vista, or scenic resource, in that future Big Box retail uses implemented under the proposed ordinance would not be located in areas that contain scenic vistas. Additionally, Big Box retail uses would not be located within State Highways. C. Substantially degrade the existing visual character or quality of the site and its surroundings? No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not degrade the visual character of the City, in that the proposed ordinance would establish criteria to help minimize potential visual impacts associated with location and operation of Big Box retail uses. Through the conditional use permit process, proposed Big Box retail uses would be subject to site plan review to ensure compliance with the standards established in the proposed ordinance as well as evaluated for potential aesthetic impacts. D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? No Impact The proposed amendment to the Municipal Code to regulate Big Box retail uses would not introduce substantial amounts of new light and glare impacts, in that the proposed ordinance would establish criteria to regulate onsite lighting. Additionally, Big Box retail uses permitted under the proposed ordinance would typically be located in areas with onsite or nearby street lighting. II. AGRICULTURE A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non-agriculture use? B. Conflict with existing zoning for agriculture use or a Williamson Contract? 75,;18 C. Involve other changes in the existing environment, which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agriculture use? No Impact According to the California Department of Conservation Farmland Mapping and Monitoring Program, the City of Santa Ana contains a limited amount of Prime and Unique Farmlands. Approval of the proposed amendment to the Municipal Code to regulate Big Box retail uses would not result in impacts to agriculture resources, in that the proposed ordinance would not permit Big Box retail uses in areas that contain Prime Farmlands or Unique Farmlands. 222. AIR QUALITY A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or congestion Management Plan? No Impact The City of Santa Ana is included within the South Coast Air Quality Management District and subject to the requirements of the Clean Air Act at both the Federal and State level. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air quality standards and objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are based upon population and growth projections provided in regional planning programs and local general plans. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in regional planning programs and local general plans. The proposed amendment to the Municipal Code to regulate Big Box retail uses would not have any effect on the growth projections in the City's General Plan. Therefore, approval of the proposed ordinance would not be in conflict with the South Coast AQMP. B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard? 751819 D. Expose Sensitive concentrations? E. Create objectionable of people? No Impact receptors to substantial pollutant odors affecting a substantial number Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not result in any short-term construction related or long- term operational air quality impacts or odor impacts, in that approval of the proposed ordinance would not involve any activities that would emit long-term or short-term air quality emissions or odor pollutants. Through the conditional use permit process future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential long-term and short-term air quality impacts and odor impacts. 222. BIOLOGICAL A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact According to the City's Updated General Plan Land Use Element EIR and the California Department Fish and Game Natural Diversity Data Base, there is a limited amount of sensitive biological resources within the City. Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not result in any adverse impacts to any sensitive biological resources, in that 7s~;zo the proposed ordinance would not be permit Big Box retail uses in areas that contain sensitive biological resources. IV. CULTURAL RESOURCES A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? D. Disturb any human remains, including those interred outside of formal cemeteries. No Impact According to the City's General Plan Land Use Element EIR, the City of Santa Ana is known to contain known cultural resources. Additionally, according to the General Plan Land Use Element EIR there is high probability that unknown cultural resources may exist in the City. Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not result in impacts to any cultural resource, in that approval of the proposed ordinance would not involve any activities that would disturb known or unknown cultural resources. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential impacts to known and unknown cultural resources. V. GEOLOGY/SOILS A-1. Rupture of a known earthquake fault, as most recent Alquist-Priolo Earthquake issued by the State geologist for the other substantial evidence of a known fau A-2. Strong Seismic Ground shaking? A-3. Seismic-related ground failure, including A-4. Landslides No Impact delineated on the Fault Zoning Map area or based on Lt? liquefaction? According to the City's General Plan Land Use Element EIR there are no active earthquake faults, Alquist-Priolo Earthquake Zones or landslides within the City. However, several active faults are located within fifty miles of the City. In the event a moderate to high earthquake occurs along one of these faults, 75~-21 50 18 portions of the City could experience moderate seismic shaking impacts. However, the seismic risks in Santa Ana are similar to other areas in the southern Californian region. Additionally, according to the General Plan Land Use Element EIR, the potential for liquefaction hazards within the City ranges from very low to very high. Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not increase the potential for seismic impacts, and liquefaction impacts, in that the approval of proposed ordinance would not involve the development of any structures that would be subject to seismic shaking impacts or liquefaction hazards. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential seismic risks. 8. Would the project result in substantial soil erosion or the loss of topsoil? No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not result in or increase the potential for soil erosion or sedimentation impacts, in that the approval of the proposed ordinance would not involve any activities that would disturb soils. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential soil erosion impacts and would be subject to the City's erosion control requirements. C. Would the project result in the loss of a unique geological feature? No Impact According to the City's General Plan Land Use Element EIR there are no known geological hazards or unique geologic features in the City. Therefore, approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not result in the loss of any unique geologic features. D. In the project located on strata or soil that is unstable or that would become unstable as a result of the project 7~A,a22 and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? E. where sewers are not available for the disposal of wastewater is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? No Impact According to the City's General Plan Land Use Element EIR, Santa Ana contains a wide variety of soil types and associated geotechnical constraints. Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not involve the construction of any structures that would be subject to geotechnical constraints. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential soil constraints. Additionally, future Big Box retail uses implemented under the proposed ordinance would be required to use sewer systems. V2. HAZARDS/HAZARDOUS MATERIALS A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not result in the creation of or increase the potential of any significant hazardous material impacts to the public, in that the approval of the proposed ordinance would not involve any activities that would include the handling, storage or distribution of hazardous materials or emit hazardous emissions. Future Big Box retail uses implemented under the proposed ordinance could involve the handling of incidental amounts of hazardous materials such as paints and solvents. However, the 75~A1823 Big Box retail uses would be subject to local, state and federal regulations regarding the handing of hazardous materials. D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact According to the City's General Plan Land Use Element EIR and the Orange County Airports Environs Land Use Plan, Santa Ana is not located within any aircraft accident potential zones. Additionally, there are no private airstrips in the City. Therefore, approval of the proposed amendment to the Municipal Code would not increase the potential for safety hazards for people residing in or working within the City. VII. HYDROLOGY/WATER QUALITY A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? E. Otherwise substantially degrade water quality? 2. Result in an increase in pollutant discharges to receiving waters? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list. If so, can it result in an increase in any pollutant of which the body is already impaired? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? No Impact The City of Santa Ana is included within four watersheds; San Diego Creek, Santa Ana River, Talbert and Westminster. Each of these watershed areas are under the jurisdiction of the Santa Ana Regional Water Quality Control Board and subject to the objectives, water quality standards and Best Management Practice requirements established in the Santa Ana River Basin Plan and Orange County Drainage Area Management Plan. 75~;~4 The City of Santa Ana does not contain any impaired water bodies, as defined by Section 303 of the Clean Water Act. However, the City does contain several drainage facilities that convey surface water runoff into bodies of water that are classified as impaired. Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not directly involve routine waste discharges that would be in conflict with water quality standards established by the State Regional Water Quality Control Board, in that the approval of the proposed ordinance would not involve any long term operations or construction activities that would involve the discharge of water. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential water quality impacts and would be subject to the City's storm water protection requirements. 8. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. Q. Have a potentially significant adverse impact on groundwater quality? No Impact The City of Santa Ana receives 66~ of its water from underground water supplies. The underground water basin in the City ranges from -50-feet to +40-feet above sea level. Presently, the City pumps underground water from 21 water wells. Fourteen of the water wells pump ground water into small surface reservoirs. The remaining seven water wells pump underground water into the City's distribution system. Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not result in adverse impacts to underground water supplies or prevent the recharge of underground water supplies, in that approval of the proposed ordinance would not involve any activities that would impact underground water supplies or provide impervious surfaces that would prevent the recharge of underground water supplies. Additionally, Big Box retail uses 75~;~5 would not be permitted in areas where underground water recharge occurs. C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on or off-site? D. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? L. Result in increased impervious surfaces and associated runoff? M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes. No Impact The City of Santa Ana has a Master Plan of Drainage to guide the construction of adequate drainage facilities in the City. The facilities include a series of underground storm drain systems, open storm drain systems, catch basins and natural drainages. A significant drainage impact can occur when existing rates of surface water runoff are increased and existing drainage facilities are unable to accommodate the additional rates of runoff. Existing rates of surface water runoff can increase through the introduction of additional amounts of impervious surfaces, or through changes to existing drainage patterns. Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not alter existing drainage patterns or increase existing rates of surface water runoff, in that approval of the proposed ordinance would not introduce additional impervious surfaces or involve the development of any activities that would impact existing drainage patterns. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential drainage impacts. F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which would impede or redirect flood flows? 75i® i~s H. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact The City's General Plan identifies that portions of Santa Ana are within the 100-year flood Zone. Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not facilitate development within areas subject to 100-year flood risks. J. Result in significant alteration of receiving water quality during or following construction. K. Could the proposed project result in increased erosion downstream? No Impact Erosion refers to the removal of soil from exposed bedrock surfaces by water or wind. The effects of erosion are intensified with an increase in slope, the narrowing of runoff channels and by the removal of groundcover, which leaves the soil exposed. Approval of the proposed ordinance would not result in erosion impacts, in that the proposed amendments would not involve any construction activities that would disturb or uncover soils to facilitate erosion impacts. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential soil erosion impacts and would be subject to the City's erosion control requirements. O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact or surface water quality to either marine, fresh or wetland waters? S. Impact aquatic, wetland or riparian habitat? No Impact According to the City's General Plan Land Use Element EIR, there are no sensitive marine waters, fresh waters or wetlands in the City. However, the City does contain several drainage systems 75~~„~7 that convey drainage flows to sensitive marine resources. Pollutants conveyed through these drainage systems could adversely impact sensitive marine resources. Approval of the proposed ordinance would not result in any activities that would discharge pollutants into sensitive downstream marine resources. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential water quality impacts and would be subject to the City's storm water protection requirements. VIII. LAND USE/PLANNING A. Physically divide an established community? No Impact The proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would provide location criteria and operational standards to ensure that Big Box retail uses would not encroach into or physically divide any established communities or neighborhoods in Santa Ana. No adverse land use impacts would be associated with the approval of the proposed ordinance. B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? No Impact The proposed project would amend the City's Municipal Code by establishing an ordinance that provides criteria for the location and operation of Big Box retail uses. Approval of the proposed ordinance would not be in conflict with the City's General Plan or any other relevant planning program in the City. C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact According to the City's General Plan Land Use Element EIR, there are no habitat conservation plans or natural community conservation plans established within the City of Santa Ana. Therefore, approval of the proposed ordinance would not be in 751~r;~$ conflict with any habitat conservation or natural community conservation plan. IX. MINERAL RESOURCES A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact The City's General Plan Land Use Element EIR identifies that there are no areas in Santa Ana that contains Significant Mineral Aggregate Resource Areas. Therefore, approval of the proposed ordinance would not result in adverse impacts to any significant mineral resource. X. NOISE A. Exposure of persons to or generation of noise levels in excess of standards established in local general plan or noise ordinance, or applicable standards of other agencies. 8. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. C. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels. D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not result in any long-term noise or ground borne vibration impacts, in that the proposed ordinance would not involve any activities that would emit long term operation noise impacts or short term construction related noise impacts. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential noise impacts and would be subject to the City's noise standards. E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of 75,~~9 a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact According to the Orange County Airport Environs Land Use Plan portions of Santa Ana are impacted by aircraft noise. Approval of the amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not facilitate development within areas impacted with aircraft noise. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential aircraft noise impacts and would be subject to the City's noise standards. X2. POPULATION/HOUSING A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. 8. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact The proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not induce substantial growth in the City or displace substantial numbers of existing housing or population, in that approval of the proposed ordinance would not involve any activities that would generate additional population or displaces homes and/or population. XII. PUBLIC SERVICES Fire Protection, Police Protection, Schools, Parks, Other Public Facilities No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not increase the demand for additional public services 75~~,,30 over current levels of service being provided in the City, in that the approval of the proposed ordinance would not involve any activities that would substantially increase the demands for public services. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential public service impacts. XIII. RECREATION A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. No Impact Approval of the proposed ordinance would not increase the use of any recreational facilities or result in the significant need for additional recreational facilities, in that the proposed ordinance would not involve any activities that would increase the demands for recreational facilities. No adverse impacts to recreation facilities would be associated with the approval of proposed ordinance. XIV. TRANSPORTATION/TRAFFIC A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? 8. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards to a design feature E. Result in inadequate emergency access F. Result in inadequate parking capacity G. Conflict with adopted policies supporting alternative transportation 7~~;~~ No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not have an impact on traffic volumes, roadway configurations, parking capacities, emergency access or level of services established in the County of Orange Congestion Management Plan, in that the proposed ordinance would not involve any activities that would generate additional traffic or parking needs. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential traffic, circulation and parking impacts. XV. UTILITIES/SERVICE SYSTEMS A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments. F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not increase the demand for additional utilities and service systems over current levels of service being provided in the City, in that the proposed ordinance would not involve any activities that would increase the demands for utility systems. 75~r,32 Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential impacts to utility service systems. XVI. MANDATORY FINDINGS OF SIGNIFICANCE A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. No Impact The proposed ordinance would not have a direct impact on any plant or wildlife species or historical property in Santa Ana, in that the proposed ordinance would not involve any activities that would impact plant, wildlife or historic resources or degrade the quality of the environment. B. Does the project have impacts that are individually limited but cumulatively considerable? No Impact Approval of the proposed ordinance would not result in any significant cumulative impacts, in that the proposed ordinance would not involve any activities that would result in cumulative impacts to the environment. C. Does the project have environmental effects, which will cause substantial adverse effects on human beings either directly or indirectly? No Impact Approval of the proposed ordinance would not cause any substantial adverse effects on human beings, in that the proposed ordinance would not involve any activities that would result in adverse effects to human beings or the environment. XVIII. DETERMINATION 75,;p~~,33 Based upon the evidence in light of the whole record documented in the above evaluation and cited references, I find that the proposed project would not have a significant impact on the environment and a Negative Declaration has been prepared. XVIV. City of Santa Ana General Plan, 1997 City of Santa Ana, General Plan EIR, 1997 California Environmental Quality Act Guidelines California Department of Conservation Farmland Mapping and Monitoring Program South Coast Air Quality Management District Air Quality Management Plan California Department of Fish and Game Natural Diversity Data Base Orange County Airport Environs Land Use Plan XX. PREPARER Hally Soboleske, Assistant Planner II, City of Santa Ana 75~~1~34 bk/8-01-06 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTIONS 41-27.5, 41-646.5, 41-1361, AND AMENDING SECTIONS 41- 365.5, 41-377.5, 41-412.5 AND 41-424.5 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE DEVELOPMENT OF SUPER STORES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS (FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Numerous studies and published court opinions have determined that the establishment of a superstore, as defined herein, in a community offers unique challenges and special concerns to the residents of that community. Such studies and opinions include: 1. "The Potential Economic and Fiscal Impacts of Supercenters in San Diego: A Critical Analysis" (2000) published by the San Diego County Taxpayers Association. 2. "The Impact of Big Box Grocers on Southern California: Jobs, Wages and Municipal Finance" (1999) published by the Orange County Business Council. 3. "The Potential Impact of Big Box Stores in New York City" (2005) prepared by New York City Economic Development Committee 4. "Measuring the Economic and Sociological Impact of the Mega-Retail Discount Chains on Small Enterprise in Urban, Suburban and Rural Communities" (aka "The Shils Report") (1997) published by The Wharton School, University of Pennsylvania. 5. Wal-Mart Stores, Inc., et. al. v. City of Turlock, 138 Cal. App. 4th 273, 41 Cal. Rptr. 3d 420 (2006), review denied 2006 Cal. LEXIS 8623, 2006 D.A.R. 9169 (July 12, 2006). Ordinance No. NS-XXX Page 1 of 75A-35 6. Wal-Mart Stores, Inc., etc., et al. v. City of Turlock, 2006 U.S. Dist. LEXIS 47924 (E.D. Cal. 2006). 7. "California Responses to Supercenter Development: A Survey of Ordinances, Cases and Elections" (2004) published by Public Law Research Institute at Hastings College of the Law. 8. "Regulating Discount Superstores: Ordinances Restricting Big Box Retailers with Grocery Departments" (2004) presented at the League of California Cities Annual Conference. These reports, studies and cases, true and correct copies of which are on file with the Executive Director of the Planning and Building Agency, are incorporated herein as though fully set forth. B. In adopting this ordinance, the City Council expressly relies upon and incorporates herein the findings, conclusions and opinions set forth in the reports, studies and cases included above. C. The City's General Plan, including but not limited to Goal Number 2.0 of the Economic Development Element, and Goal Numbers 1.0, 2.0 and 5.0 of the Land Use Element, provides for maintenance of and enhancement of the City's economic base by promoting a balance of land uses designed to address community needs and which enhance the City's economic and fiscal viability by, in part ensuring that impacts of development in the City are fully mitigated. D. Adoption of this ordinance is in furtherance and implementation of the City's General Plan. E. It is advisable and necessary that Chapter 41 of the City's Code be amended to regulate superstores appropriately and to afford them adequate review. F. It is the intent of the City Council that superstores proposed to be established in Special Development Districts in the City which permit retail land uses be subject to similar review as that provided for herein. G. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Ordinance No. NS-XXX Page 2 of 75A-36 Section 2. Section 41-27.5 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-27.5. Superstore. A Superstore is any retail use that sells from the premises goods and merchandise, primarily for personal and household use, and whose total interior space exceeds 120,000 square feet, and which devotes more than ten percent (10%) of its total interior space to the sale of merchandise which are not subject to State sales tax. For purposes of determining the total interior space, restrooms, office space, storage space, and service areas (e.g., automobile service, doctor or dental service, or restaurant/fast food service) shall be excluded, but the aggregate space of adjacent stores that share common check stands, management, operation, controlling ownership, or warehouse or distribution facilitates shall be included. Section 3. Section 41-365.5 of the Santa Ana Municipal Code is hereby amended to add Superstores as a permitted use subject to a conditional use permit such that it reads as follows (new language in bold for tracking purposes only): Sec. 41-365.5. Uses subject to a conditional use permit in the C1 district. The following uses may be permitted in the C1 district subject to the issuance of a conditional use permit: (a) Clubs. (b) Outdoor and indoor recreational or entertainment uses other than those set forth in section 41-365. (c) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (d) Thrift shops, purchase and loan, pawn shops. (e) Eating establishments with drive-through window service. (f) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. Ordinance No. NS-XXX Page 3 of 75A-37 (g) Laundromats, subject to the development and performance standards set forth in section 41-199. (h) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (i) Check cashing facilities, as defined by section 41-42.7 of this Code. (j) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (k) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (I) Adult day care facilities. (m) Superstores. Section 4. Section 41-377.5 of the Santa Ana Municipal Code is hereby amended to add Superstores as a permitted use subject to a conditional use permit such that it reads as follows (new language in bold for tracking purposes only): Sec. 41-377.5. Uses subject to a conditional use permit in the C2 district. The following uses may be permitted in the C2 district subject to the issuance of a conditional use permit: (a) Any use which may be permitted subject to the issuance of a conditional use permit in the C1 district pursuant to section 41-365.5. (b) Open-air car washes. (c) Trailer parks and camps. (d) Thrift shops, food distribution centers, and counselling service establishments operated by nonprofit or government-subsidized organizations or by public agencies. (e) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (f) Superstores. Ordinance No. NS-XXX Page 4 of 75A-38 Section 5. Section 41-412.5 of the Santa Ana Municipal Code is hereby amended to add Superstores as a permitted use subject to a conditional use permit such that it reads as follows (new language in bold for tracking purposes only): Sec. 41-412.5. Uses subject to a conditional use permit in the C4 district. The following uses may be permitted in the C4 district subject to the issuance of a conditional use permit: (a) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (b) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (c) Eating establishments with drive-through window service. (d) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (e) Laundromats, subject to the development and performance standards set forth in section 41-199. (f) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (g) Check cashing facilities, as defined by section 41-42.7 of this Code. (h) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (i) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. Q) Adult day care facilities. (k) Superstores. Ordinance No. NS-XXX Page 5 of 75A-39 Section 6. Section 41-424.5 of the Santa Ana Municipal Code is hereby amended to add Superstores as a permitted use subject to a conditional use permit such that it reads as follows (new language in bold for tracking purposes only): Sec. 41-424.5. Uses subject to a conditional use permit in the C5 district. The following uses may be permitted in the C5 district subject to the issuance of a conditional use permit: (a) Hotels, motels, lodging houses, care homes, fraternity houses, and sorority houses. (b) Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential uses. (c) Hospitals. (d) Public utility structures, including electric distribution and transmission substations. (e) Eating establishments with drive-through or walk-up window service. (f) Service stations and automobile servicing. (g) Car wash establishments, provided they are wholly enclosed. (h) Laundries. (i) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (j) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (k) Laundromats, subject to the development and performance standards set forth in section 41-199. (I) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. Ordinance No. NS-XXX Page 6 of 75A-40 (m) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (n) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (o) Adult day care facilities. (p) Superstores. Section 7. Section 41-646.5 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-646.5. Findings for Conditional Use Permits related to Superstores. a. Additional Findings. In making the findings otherwise required by this article for approval of a conditional use permit, prior to approval of a Superstore the Planning Commission or City Council, as appropriate take into consideration of all economic benefits and costs to the city, and as relevant, the region, of the proposed use based upon information contained in an economic impact analysis, as provided below, and any additional information submitted by staff or the public. b. Procedure. An application for a conditional use permit for a Superstore shall follow the procedures otherwise required by this chapter, and in addition the applicant shall prepare and submit an economic impact analysis report as defined herein. The analysis, at a minimum, shall identify the benefits and costs to the city of the proposed Superstore on grocery or retail shopping centers within athree-mile radius. The city manager or designee (i) shall approve in advance the individual or firm preparing the report; which approval may, at the city's option, be satisfied by use of an individual or firm identified on apre-approved list; and (ii) such list may designate additional information on benefits and cost that shall be included in the analysis. Section 8. Section 41-1361 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-1361. Superstores. The minimum off-street parking required for Superstores is one (1) space for each two hundred (200) square feet of gross floor area. Ordinance No. NS-XXX Page 7 of 75A-41 Section 9. No Superstore which is legally operating in the city as of the effective date of this ordinance shall be affected by the adoption of this ordinance, unless it loses its legal nonconforming status pursuant to the provisions of Article VI of Chapter 41 of the Code. Section 10. The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Ordinance. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves negative declaration for Environmental Review No. 2006-74 and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 11. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS-XXX Page 8 of 75A-42 ADOPTED this day of zoos Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Benjamin Kaufman Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 9 of _ 75A-43 75A-44