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HomeMy WebLinkAbout FULL PACKET_2006-10-02Jf/bk 09/18/06 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE IX TO CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE RELATING TO SHOPPING CART CONTAINMENT 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. Shopping carts are routinely abandoned on the streets and sidewalks of the City. Data collected by the City indicates that perhaps as many as 100,000 or more abandoned shopping carts are being retrieved annually from the City's streets and sidewalks. B. While shopping carts are an important amenity to customers of many business establishments, and the removal of these carts are damaging to the business, the presence of these abandoned carts on the City's streets and sidewalks is found to be a public nuisance. C. These abandoned shopping carts are a prime illustration of the "broken window theory" (e.g., Kelling and Goles. "Fixing Broken Windows: Restoring Order and Reducing Crime in Our Communities"~. As such, the abundance of abandoned shopping carts on the city's streets and sidewalks encourages additional crime and anti-social behavior. They also tend to reduce property values and are a blight on the community. Communities from Seattle to Lodi to San Bernardino have all identified abandoned shopping carts as constituting classic instances of the broken window theory. D. Abandoned shopping carts also, as public testimony and the photos presented to the City Council amply demonstrate, obstruct the free passage of persons along public and private streets, sidewalks, parking lots and other rights of way and/or interfere with pedestrian and vehicular traffic on streets; E. By blocking the City's streets and sidewalks, abandoned shopping carts also impede emergency service needed to save lives. Ordinance No. NS-XXX Page 1 of 14 11 A-1 F. Abandoned shopping carts also clog storm drain channels reducing their ability to function properly, by trapping debris and trash and thereby creating flooding hazards. Carts in the storm drains, if not removed promptly by the City, could well constitute violation of the City's waste discharge requirements, and subject the City to tens of thousands of dollars per day in administrative fines levied by the Regional Water Quality Control Board. G. The City currently spends over $80,000 per year to retrieve abandoned shopping carts. As the industry itself has testified to this City Council, it is appropriate that regulatory measures be taken to reduce the burden on the City's taxpayers and provide for those businesses that use shopping carts to take a greater hand in controlling this problem by making efforts to contain shopping carts used by their customers on their premises. H. The staff reports and oral testimony before the Neighborhood Improvement/Code Enforcement Committee (NI/CE) on June 28, 2005, July 26, 2005, August 23, 2005, October 25, 2005, January 24, 2006, June 27, 2006, and July 31, 2006, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council, shall constitute necessary findings for this ordinance. The Request for Council Action for this ordinance dated September 18, 2006, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council at this meeting as well the City Council meeting on August 21, 2006 in which a work study session was held on the Proposed Shopping Cart Regulations, shall additionally constitute the necessary findings for this ordinance. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this ordinance. K. Based upon this record the City Council finds that the standards set forth in this ordinance, and each of them, are necessary to protect the public safety and welfare of the residents of the City of Santa Ana associated with shopping carts. L. The police power regulations, such as those employed in this ordinance, are legitimate, reasonable means of accountability to help protect the public safety and welfare of the residents of the City of Santa Ana. M. In accordance with the California Environmental Quality Act, a categorical exemption has been adopted for this ordinance. Ordinance No. NS-XXX Page 2 of 14 11 A-2 Section 2. Article IX is added to Chapter 33 of the Santa Ana Municipal Code to read in full as follows: Article IX -Shopping Cart Regulations Sec. 33-210. Definitions. The definitions set forth in this part shall govern the application and interpretation of this article. (a) "Abandoned shopping cart" means any shopping cart that has been removed, without written consent of the owner, from the owner's business premises and is left unattended or discarded on either public or private property other than the premises of the business establishment from which the shopping cart was removed. For purposes of this article, any shopping cart which is properly identified as required by this article, located on any public or private property other than the premises of the retail business establishment from which such shopping cart was removed, shall be presumed to be abandoned, even if in the possession of any person unless such person in possession is either (1) the owner, employee or agent of the owner, (2) the owner, employee or agent of a shopping cart retrieval service hired to retrieve shopping carts from the city, or (3) has written permission or consent to be in possession of the shopping cart from the shopping cart's owner. (b) "Shopping cart control plan" means a document submitted by the owner of the shopping cart pursuant to section 33-216 of this article. (c) "Agent" means the person or persons designated in the shopping cart control plan who the owner of the shopping cart authorizes as the person(s) to perform or provide retrieval services on behalf of the owner. The agent may be the owner if so designated in the city approved shopping cart control plan. (d) "Shopping cart" means a basket which is mounted on wheels or a similar device generally used in a retail or commercial establishment by a customer for the purpose of transporting goods of any kind. The word "shopping cart" includes laundry carts, which are shopping carts used in a laundromat or retail dry-cleaning establishment by a customer or attendant for the purpose of transporting textile goods. (e) "Director" means the executive director of planning and building for the City of Santa Ana, or such other director or officer designated by the city manager to administer this article. (f) "Owner" means any person or entity, who in connection with the conduct of a business, owns, leases, possesses or makes a shopping cart Ordinance No. NS-XXX Page 3 of 14 11 A-3 available to customers or the public. For the purposes of this article, owner shall also include the owner's agent. (g) "Plan" means the approved mandatory shopping cart control plan required by this article. (h) "Premises" means the entire area owned, occupied, and/or utilized by an owner which provides shopping carts for use by customers or other persons, including any parking lot or other property provided by or on behalf of the owner for customer parking or use. Sec. 33-211. Findings and purpose. (a) Many retail establishments provide shopping carts for the convenience of customers while shopping on the establishment's premises. However, shopping carts removed from the premises of these establishments and left abandoned on public or private property throughout the city constitute a public nuisance and a potential hazard to the health and safety of the public. The proliferation of lost, stolen, wrecked or abandoned shopping carts on public and private property: (1) Create conditions that reduce property values, and promote blight and deterioration of the city neighborhoods, tending to lead to declining property values and increases in crime; (2) Obstruct the free passage along public and private streets, sidewalks, parking lots and other rights of way and/or interfere with pedestrian and vehicular traffic on streets; (3) Impede emergency service; and (4) Clog storm drain channels reducing their ability to function properly, by trapping debris and trash and thereby creating flooding hazards, and constitute violation of the city's waste discharge requirements. (b) For the above-referenced reasons, such lost, stolen, wrecked or abandoned shopping carts are hereby declared to be a public nuisance, which shall be subject to abatement in the manner set forth in this article or in any other manner provided by law. (c) The purpose of this article is to set forth regulations to ensure that reasonable measures are taken by owners of businesses which provide shopping carts on their premises for the convenience of their customers to prevent the removal of shopping carts from business premises and parking lots, and, when removed despite the owner's implementation of its control pan, to provide for the prompt retrieval of such shopping carts. Ordinance No. NS-XXX Page 4 of 14 11 A-4 (d) The purpose and intent of this article is additionally to ensure that measures are taken by owners to prevent the removal of shopping carts from a business premises, to make removal of shopping carts a violation of the law, and to facilitate the retrieval of abandoned shopping carts in a manner that supplements and complements state law, but is not preempted with state law. Sec. 33-212. Applicability/Prohibition (a) This article shall apply to all owners of business establishments or other commercial services within the City of Santa Ana that provide more than five (5) shopping carts for customer use. (b) It shall be unlawful for an owner and/or owner's agent to cause or permit any shopping cart to be abandoned upon any sidewalk, street or other public place in the City of Santa Ana or upon any private property other than the premises owner of such shopping cart. Sec. 33-213. Shopping cart identification required (a) Every shopping cart owned or provided by any owner must have a sign permanently affixed to the shopping cart that contains all of the following information: (1) Identity of owner, or owner's business establishment, or both; (2) The address of the owner of the business establishment for shopping cart return and a phone number at which a person may contact the owner to retrieve the shopping cart; and, (3) Notification to the public that the removal of the shopping cart from the premises is a violation of state and local law. (b) Any shopping cart found abandoned that does not have the identification and information required by this section may be removed and disposed of by the city in accordance with state law. (c) No owner shall provide any shopping cart for customer use that does not contain the signage required by this section. Sec. 33-214. Premises signage. Signs shall be placed and maintained on the premises, at all customer store entrances and exits, and in the parking area, warning customers that removal of shopping carts from the premises is a prohibited by state and local law. Any and all posting of signs shall comply with the provisions of the Code, Ordinance No. NS-XXX Page 5 of 14 11 A-5 except that the number and placement of such signs may be in excess of those limits found in Chapter 41 hereof. Sec. 33-215. Unauthorized removal prohibited. It shall be unlawful for any person: (a) To remove a shopping cart from a premises, either temporarily or permanently, which is properly marked in conformity with this article, without the written consent of the owner; or (b) To be in possession of a shopping cart that has been removed from a premises, which is properly marked in conformity with this article, without the written consent of the owner; or (c) To detach the sign or deface the name or address marked on a sign, which is properly marked on a shopping cart in conformity with this article. (d) This section shall not apply to shopping carts removed as authorized by the owner for the purposes of repair, maintenance or disposal. Sec. 33-216. Mandatory shopping cart control plan. (a) Every owner subject to this article shall prepare, submit, implement and comply with the terms and conditions of a shopping cart control plan to prevent the unauthorized removal of any shopping cart from the owner's premises and, if removed, retrieval of the shopping cart within time periods set forth in subsection (b)(8), below. The focus of the plan shall be on means to confine shopping carts to the owner's premises. (b) The shopping cart control plan shall be designed to effectively prevent the removal of all shopping carts from the premises. The owner shall have the obligation to provide demonstrable evidence to the director that the elements proposed will be effective. The plan shall include the following elements. (1) Sign affixed to cart. Every shopping cart shall have a sign permanently affixed to it fully compliant with the requirements of section 33-213 of this article. (2) Premises signage. Signs shall be placed and maintained on the premises, as required by section 33-214. (3) Shopping cart inventory. The plan shall include a complete list of all shopping carts maintained on or in the premises. Ordinance No. NS-XXX Page 6 of 14 11 A-6 (4) Community education plan. A description of a community education and outreach program to be carried out by the owner that will effectively inform customers that the removal of shopping carts from the premises is prohibited and is a violation of state and local law. This program may include, but is not limited to, flyers distributed at the premises, warnings on shopping bags, supplemental signage, direct mail, announcements using intercom systems at the premises, web site or other means demonstrated to be effective to the reasonable satisfaction of the director. (5) Shopping cart identification. Signs and shopping cart identification requirements which conform to state and local law. (6) Shopping cart containment plan. The plan shall describe the specific measures that the owner shall implement to prevent shopping cart from being removed from the premises. These measures may include, but are not limited to: (i) electronic or other disabling devices on the shopping carts so they can not be removed from the premises; or, (ii) bollards, chains or other physical barrier to prevent transporting shopping carts out of the store or off the premises; and/or, (iii) effective management practices including use of (A) courtesy clerks to accompany customers and return the shopping carts to the store, (B) security personnel assigned the responsibility to prevent removal; (C) or other measures acceptable to the director that the owner can demonstrate will effectively prevent shopping cart to be removed from the premises. Where physical improvements such as (i) and (ii) above are not proposed, the plan shall include justification for such omission. (7) Employee training. The plan shall include a description of an annual ongoing employee training program that shall be implemented by the owner designed to educate new and existing employees on the shopping cart control plan and conditions contained therein. (8) Mandatory shopping cart retrieval element. The plan shall include provisions for retrieval of abandoned shopping carts. The plan shall ensure that all of owner's shopping care removed from the Ordinance No. NS-XXX Page 7 of 14 11 A-7 premises shall be recovered within 24 hours, or in the case of shopping carts abandoned at or around a bus stop, within 12 hours. The retrieval element shall identify the streets and bus stops which shall be patrolled; the manner, frequency and times of such patrols; and the procedures to be employed by the owner to retrieve abandoned shopping carts, including but not limited to the number of trucks and hours of operation of retrieval activities. In addition, the retrieval element shall detail a telephone notification program, whereby persons may notify the owner of an abandoned shopping cart and request retrieval of any shopping cart properly identified as belonging to the owner; and provide that each vehicle used to retrieve shopping carts shall bear conspicuous signs identifying the name of the owner or the retail business name and, if applicable, the name of the contract shopping cart retrieval service. (9) Daily cart confinement. A plan for storing shopping carts during non-business hours, for any business which is not open 24 hours per day, to prevent theft when closed. (10) Collaboration with other businesses. Two or more retail establishments located within the same shopping or retail center or sharing a common parking area may collaborate and submit a single shopping cart control plan. (11) Monthly reports. The owner shall provide a written report to the director specifying the number of abandoned shopping carts retrieved on the owner's behalf during the preceding calendar month. The report may be provided by an owner's contract shopping cart retrieval service Sec. 33-217. Fees. Every owner subject to this article shall submit with its initial proposed plan and thereafter annually with its annual report a fee in the amount set forth by resolution of the city council adopted from time to time. The fee shall not exceed the city's reasonable cost to administer and manage the activities mandated by this article, and shall not include the city's cost of retrieving shopping carts, except as provided for in Business and Professions Code section 22435.7. Sec. 33-218. Plan approval or denial and penalties. (a) Upon this article becoming effective, all owners shall submit a shopping cart control plan in compliance with section 33-216 to the director. For the initial plans, the director shall establish a schedule for submittal of plans. The director shall give written notice to each owner of its deadline for submittal of a Ordinance No. NS-XXX Page 8 of 14 11 A-8 plan, provided that all plans must be submitted no later than March 1, 2007. The schedule shall provide at least 60 days from notice to submit a plan. The director may approve or deny the proposed plan and shall notify the owner of such decision. If approved, the shopping cart control plan shall be implemented by the owner no later than time specified in the approval, which shall not be thirty (30) days less than the date of the director's notice. (b) Notwithstanding the foregoing, the obligations imposed by this article in sections 33-213 and 33-214 shall be fully implemented no later than ninety (90) days from the effective date of this article. (c) Thereafter, each owner must amend or update its plan at the earlier of (1) any substantial modification of an owner's business or premises that would adversely affect an approved plan or (2) on the fifth (5th) anniversary of approval of its initial plan, and each fifth (5th) year thereafter. All new businesses established after January 1, 2007 must file a plan prior to issuance of a business license for that new business. (d) The director may deny a plan based upon any of the following grounds: (1) Implementation of the plan violates any provision of the building, zoning, health, safety, fire, police or other provision of this code or any county, state or federal law which substantially affects public health, welfare, or safety; (2) The plan fails to include all of the information required by this article; (3) The plan is insufficient or inadequate to prevent removal of shopping carts from the premises; (4) The plan fails to address any special or unique conditions due to the geographical location of the premises as they relate to shopping cart retention and prevention efforts. (5) Implementation of the plan violates a term or condition of a plan or other requirement of this Code; (6) The owner knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the plan, or in any amendment or report or other information required to be made. (e) If the plan is rejected as incomplete or inadequate, the director shall indicate areas of incompleteness or inadequacy, and the owner shall have an additional thirty days in which to resubmit a complete and adequate plan. Ordinance No. NS-XXX Page 9 of 14 11 A-9 (f) An owner who fails to submit a complete plan to the satisfaction of the director, or fails to implement approved plan measures or fails to comply with the approved plan measures will be subject to enforcement of these requirements through any lawful means available to the city, including without limitation institution of the administrative remedies process pursuant to Chapter 1 of the Code. (g) The director's decision shall be final. Sec. 33-219. Plan modification and annual report. (a) At any time after the director's approval of any abandoned shopping cart plan, the owner may submit to the director a modification of the previously approved plan to address a change in circumstances, address an unanticipated physical or economic impact of the plan, or modify an inadequate or ineffective plan. (b) Each year, on or before the anniversary of the director's approval of the plan, each owner (or multiple businesses that have collaborated on a single approved plan) shall submit an annual report to the director (1) certifying its compliance with the approved plan and each item specified in section 33-216, (2) detailing compliance with each provision of its approved plan over the prior year, and (3) summarizing its monthly cart retrieval statistics for the prior year. The director may, based upon review of the annual report, initiate modification or revocation proceedings. Sec. 33-220. Modification or revocation of plan. An approved plan may be revoked by the director, or modified in lieu of revocation in the exercise of the director's sound discretion, upon any of the following occurrences: (a) The owner is operating, or is permitting operation, of the retail business in violation of one or more provisions of the plan and has failed to correct such violations for a period of at least fifteen (15) calendar days following date of receipt of written notification of such violation(s) from the city. (b) The plan is inadequate to either reasonably prevent the removal of shopping carts from the premises, or reasonably ensure the prompt retrieval of abandoned shopping carts. (c). The owner has failed to comply with any of the provisions of this article. Ordinance No. NS-XXX Page 10 of 14 11A-10 (d) The owner knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the plan, or in any amendment or report or other information required to be made. Sec. 33-221. Notice of intended decision. (a) Upon determining the existence of any of the grounds for revocation of a plan in accordance with section 33-220, the director shall issue to the owner a notice of intended decision to revoke or modify the plan. (b) The notice of intended decision shall state all the grounds upon which the revocation or modification is based. (c) The notice of intended decision shall advise the owner that the revocation or modification shall become final unless the owner files a written request for hearing before the director within ten (10) calendar days of the date of service of the notice of intended decision to revoke or modify the plan. (d) The notice of intended decision shall specify the effective date of the revocation or modification of the plan. Sec. 33-222. Procedure for hearing before the director. (a) The written request for a hearing before the director must be received by the director within ten (10) calendar days of the date of service of the notice of intended decision to revoke the plan or deny the renewal application for an exemption. (b) Upon timely receipt of a written request for a hearing, the director shall schedule a hearing which shall be held no later than thirty (30) calendar days after receipt of a timely request for hearing. (c) The director shall serve a notice of hearing on the owner at least ten (10) calendar days prior to the scheduled date of the hearing. (d) At the hearing before the director, or before a hearing officer at the director's option, the owner shall be given the opportunity to present witnesses and relevant documentary evidence. (e) The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all evidence which the director or hearing officer deems reliable, relevant and not unduly repetitious may be considered. Ordinance No. NS-XXX Page 11 of 14 11A-11 Sec. 33-223. Decision of the director. (a) The director or hearing officer shall serve on the owner a written decision sustaining, reversing or modifying the director's intended decision. (b) The decision by the director or hearing officer after hearing shall become final unless the owner files an appeal within the time period specified in section 33-224. Sec. 33-224. Chapter 3 Appeal. (a) If an owner is dissatisfied with the written decision of the director, the owner may file a written appeal to the city. (b) The appeal must be in writing on a form provided by the city and must be received by clerk of the council within ten (10) calendar days of notification of the director's decision. (c) The appeal, including its hearing, shall be conducted in accordance with Chapter 3 of this Code. Sec. 33-225. Enforcement. Every owner shall comply with the provisions of this article and every provision of the owner's approved shopping cart control plan. Any owner who violates any provision of this article or any provision of the owner's approved shopping cart control plan shall be subject to enforcement procedures for each violation through any lawful means available to the city, including without limitation institution of administrative remedies in accordance with Chapter 1 of this Code. Sec. 33-226. Retrieval notification. The city may notify the owner of an abandoned shopping cart as identified on the signage information permanently affixed to the shopping cart. The city notification shall be documented and provided either by telephone or by written notice. The notification shall require that the identified shopping cart(s) be retrieved pursuant to the conditions for retrieval as set forth in the owner's abandoned shopping cart retrieval plan. Section 3. Any new use or substantial expansion to a current use, of a use that employs more than five (5) shopping carts shall, to the extent feasible, be required to install an electronic wheel locking system as a condition of issuance of city entitlement or building permit. Staff shall prepare and submit for Ordinance No. NS-XXX Page 12 of 14 11A-12 council review any ordinance or resolution necessary to implement this statement of city policy. 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 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 2006 Miguel A. Pulido Mayor Ordinance No. NS-XXX Page 13 of 14 11A-13 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 14 of 14 11A-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: ABANDONMENT NO. 06-03-5: TO VACATE LEONARD LANE WEST OF FREEMAN LANE ~- CITY MANAGER ,//RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution vacating Leonard Lane west of Freeman Lane. DISCUSSION The applicant, Camille Paula Bauer, has requested the City vacate Leonard Lane, which is approximately 30 feet by 105.51 feet, directly west of Freeman Lane. (See Exhibit 1) This abandonment will be processed as a summary vacation since the City right-of-way has not been utilized for more than 5 years and lies adjacent to the Bauer property located at 2738 Freeman Lane. Leonard Lane is not necessary for public traffic and/or pedestrian circulation. Upon abandonment, the applicant will consolidate the mentioned portion of the street and use as a driveway to their garage. All affected utility companies have been contacted and do not object to the abandonment. There is no existing overhead or underground utilities within the proposed vacated area. The proposed resolution will abandon Leonard Lane with no easement reservations. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration has been prepared for this project (ER No. 2006- 154) . 12A-1 Abandonment No. 06-03 October 2, 2006 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. i J 'James G. oss Executive Director Public Works Agency 12A-2 y KTa m m 3 D z z m DONMENT AREA (30' x 105.55') SHERWIN LANE ~l EXHIBIT 1 ~~ ~' ~~~ rme: ABANDONMENT N0.06-03.S: ~; J ti P W A aciENDA oATE TO VACATE LEONARD LANE V October 2, 2006 WEST OF FREEMAN LANE 12A-3 9/25/06 les RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUMMARY VACATION OF LEONARD LANE ADJACENT TO 2738 FREEMAN LANE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds determines and declares as follows: A. The City of Santa Ana intends to vacate Leonard Lane adjacent to 2738 Freeman Lane pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California. B. The vacation of Leonard Lane is a summary vacation because the street lies within property under one ownership pursuant to the provisions of section 8334 of the Streets and Highway Code of the State of California. All property adjacent to said street is owned in fee by Camille Paula Bauer. Also, the strip of Leonard Lane to be vacated has not been utilized for over five years. C. The strip of Leonard Lane to be vacated is not necessary for traffic and/or pedestrian circulation. D. There are no existing overhead or underground utilities within the proposed vacated area and it is unnecessary to reserve an easement for public service purposes or for future street or alley purposes. E. In accordance with the California Environmental Quality Act, Mitigated Negative Declaration ER No. 2006-154 has been prepared for this project. Section 2. The City Council of the City of Santa Ana hereby approves the summary vacation of the 30 foot wide by 105.51 foot long strip of Leonard Lane directly west of Freeman Lane, as more particularly described in Exhibit 1 hereto, which is incorporated herein by reference. Section 3. Said street shall not be deemed vacated until this resolution is recorded. 12A-4 9/25106 les Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: NOES: Councilmembers: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2006- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 12A-5 t1TB. '11 m m 3 a z r D Z rn BA DONMENT AREA (30' x 105.55') SHERWIN LANE i ~~~~~~ IIMIMMIN~ Ct1'! CC#itNC~ ~~~ ABANDONMENT N0.06-035: ~~~ '~ t7ATE TO VACATE LEONARD LANE w. ~ October 2, 2006 WEST OF FREEMAN LANE 12A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: APPOINTMENT OF ME1~ER TO THE SANTA ANA WORKFORCE INVESTMENT BOARD CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Appoint Mr. Eduardo Figueroa, Owner, Hispanic Business Consultants to the Santa Ana Workforce Investment Board. WORKFORCE INVESMENT BOARD RECONa~NDATION Recommended that the City Council appoint Mr. Eduardo Figueroa, Owner, Hispanic Business Consultants to the Santa Ana Workforce Investment Board. By a vote of 19:0 (Conrad, de Leon, Kanda, Korthuis, Lacroix, Lewis, Lin, Meza, Notch, Ortega, Wadhera, Zarate-Cervantes absent) at its Special Meeting of September 18, 2006. DISCUSSION On March 6, 2000, the Santa Ana City Council adopted a resolution establishing the Santa Ana Workforce Investment Board and appointed 35 members. In accordance with the federal legislation, a majority of the Board members and the Board Chair must come from the private sector. The remaining Board members would represent education, non-profit organizations, one-stop mandated partners and local labor organizations. Currently there are two mandated private sector vacancies on the Board consisting of one economic development organization seat and one local labor seat. After an extensive recruitment campaign and interview process, the Marketing Committee is recommending Mr. Figueroa as a private sector member representative filling the Economic Development Board seat. 13B-1 Appointment of Member to the WIB October 2, 2006 Page 2 Mr. Eduardo Figueroa is the owner of the Hispanic Business Consultants of Santa Ana. His resume 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. .~ Ste hen G. H rding Deputy City Manager for Development Services SGH/FJ/mlr H:\ACTIONS\2006 CC\ApptMembertoSAWIB-Figueroa 10-2-06.doc 13B-2 EDUARDO FIGUEROA Business Consultant & Public Speaker h~ ' Hispanic Business Consultants ~~~ SUMIVIARI' Eduardo Figueroa holds a Masters Degree in Business Administration from the Instituto Panamericano de Alta Direccion de Empresas and a Chemical Industrial Engineering Degree from the National Polytechnic Institute, both in Mexico City. He is the founder of Hispanic Business Consultants and one of the few bilingual individuals dedicated to teaching individuals to become better employees, supervisors ~,.~ and managers through special, tailor-made programs in Spanish that he offers to a f. _`~' "' variety of companies on a regular basis, both in the USA and Mexico. He also teaches J Hispanic entrepreneurs how to start up and grow a business. RELEVANT EXPERIENCE • Over the years, Eduardo has become a Latino business specialist by training and mentoring supervisors, leads, salespeople and managers. An array of well-known corporations have hired Eduardo for employee training, where he has conducted over 250 classes, workshops and seminars on topics such as self-empowerment, leadership, management, conflict resolution, sexual harassment, sales, customer service and other subjects, both in USA and Mexico. • As for entrepreneurial training, he has developed 13 seminars and conducted over 300 classes and workshops -with more than 12,000 attendees - on themes ranging from personal motivation to how to start a business, marketing, finance, accounting, and business plans. • While working as a bilingual business consultant at the Small Business Development Center in Santa Ana, he assisted 2,000 clients on a one-on-one basis in individual consultations. He helped small business owners to prepare their business plans, resulting in over $2,500,000.00 in SBA loans. • To help educate the Latino community in Southern California, Eduardo has obtained various grants from the following organizations: $90,000 from the Orange County Workforce Investment Board in 2000; $45,000 from the WORKS Center in Santa Ana in 2001; $75,000 (in conjunction with the Delhi Community Center) from the Empowerment Zone of Santa Ana in 2002-2003; and $100,000 from Wells Fargo in 2004 and for 2005. • He has presented his business courses and seminars through such organizations as the University of Southern California (USC), the Gary Center of La Habra, the Delhi Community Center in Santa Ana, the Inland Empire Small Business Development Center, Crystal Cathedral, Santa Ana W/O/R/K Center, Santa Ana College, Rancho Santiago College, Orange County Business Council, Orange Children and Parents Together, the Minority Business Development Center and various Hispanic Chambers of Commerce throughout Southern California. • He helped create 12 business segments for TV Channel 52 "Telemundo" (a Spanish language station) to inform and educate the community as to how to be successful in business. • He is also an instructor for the Premier FastTrac I and FastTrac II in Spanish, a national Hispanic Business Consultants 2510 N Grand Ave Suite 105, Santa Ana, CA 92705 Phone (714) 516-I 111 * Fax (714) 516-1114 EXHIBIT 1. eduardo@eduardofigueroa.com * www.eduardofigueroa.com 13B-3 entrepreneurial training program offered through the Kauffman Foundation to educate small business owners. • Eduardo gives back to the community by volunteering on different committees, such as the Hispanic Chamber of Commerce of OC, the marketing committee at Cypress College and the Board of Directors of the former Banker's CDC of Orange County. He has also presented free seminars to the general public as wells as to high school and college students. EDUCATION • 1980-1982: Masters Degree in Business Administration from the IPADE, a graduate institute affiliated with Harvard Business School in Mexico City • 1974-1979: Chemical Industrial Engineering Degree from the Instituto Politecnico Nacional (National Polytechnic Institute) in Mexico City OTHER ACCOMPLISHMENTS In 2003, Eduardo founded "Latinos For Progress", a 501 c(3) non- ~.,ti° ~"A`t' rho:.. profit corporation, whose goal is "to educate and help Latinos reach ,~`,~ ~`'~~ their full potential, through economic and personal growth". On a~ ` '; behalf of Latinos For Progress, Eduardo has led two conferences and = i{~ business expos and several entrepreneurial seminars while partnering _progress with other organizations to educate and provide business resources to ~ ~ ~ - Latino entrepreneurs in Spanish. SPECIAI, TRAINING COURSES • Outstanding customer service course • Strategic planning • Leadership courses • Professional sales training • Public speaking course AFFILIATION/MEMBERSHIP • Hispanic Chamber of Commerce of Orange County • National Hispanic Business Women Association • National Society of Hispanics with MBA's • National Council La Raza Hispanic Business Consultants 2510 N Grand Ave Suite 105, Santa Ana, CA 92705 Phone (714) 51.6-1111 * Fax (714) 516-1114 EXHIBIT 1 eduardo@eduardofigueroa.com * www.eduardofigueroa.com 13B-4 A W A.RDS • 2005 - National Society of Hispanics with MBA's awarded Eduardo the "Brillante Award" as the business person of the year for his involvement in developing a better Latino Community. • 2003 - The Small Business Financial Development Corporation (a state loan guarantee program) awarded Eduardo for his outstanding work helping the Latino community. • 2002 - Hispanic Training Center, Inc. gave him a special "Award of Excellence" for his outstanding commitment, dedication and inspirational leadership. • 2001 - The Orange County Hispanic Chamber of Commerce gave him a special "Education Award" recognition. • 1999 - The Hispanic Chamber of Commerce of Orange County nominated him as the recipient of the "Ethics in America Award" from the Passkeys Foundation and Chapman University. • 1997 - The Small Business Administration honored Eduardo with the "Minority Small Business Advocate of 1997" Award. LULAC (League of United Latin American Citizens) gave him a special recognition for his "outstanding contribution" to the Hispanic business community in Southern California. 1'UI3LICA'I'IONS • "Creando Tu Negocio Exitoso" (Creating Your Successful Business), a unique entrepreneurial home study course, in Spanish, consisting of 6 cassettes, 1 workbook, 1 video with interviews, and a CD with relevant articles and financial statements • Two 24-hr. courses: "Creando Tu Negocio Exitoso I and II" (Creating Your Successful Business I and II), divided into eight three-hour sessions, including handouts • "Todos Podemos Lograr Lo Que Queramos" (We Can All Get What We Want), a motivational cassette (60 min.) • More than 20 business and motivational articles published in various Spanish-language newspapers, including the business section of "La Opinion" newspaper, and in several magazines • A bilingual newsletter for entrepreneurs, managers and supervisors SOME CLIF.,NTS University of Southern California (USC), the Orange County Workface Investment Board, Santa Ana WORK Center, La Habra Gary Center, Delhi Community Center, Wells Fargo Bank, Allstate Insurance Company, Orange County Business Council, Inland Empire Small Business Development Center, Banco Popular, Royal Prestige, Radio Lazer, JE Pistons, Sigue Corporation, Northgate Gonzalez Supermarkets, Fabrica International, Orlandi Valuta, Lulu's Dessert, PFF Bank & Trust, Telefonos de Mexico. Hispanic Business Consultants 2510 N Grand Ave Suite 105, Santa Ana, CA 92705 Phone (714) 516-1111 * Fax (714) 516-1114 EXHIBIT 1 eduardo@eduardofigueroa.com * www.eduardofigueroa.com 13B-5 O U Cx/1 w 5W 1~ O cd O ~ ~ w ~ W _~ «S ~ ~ O U N ~ ~~ U ~ _~ x N ~ a~ 3 o ~ v ~ W 0 W W A ti O °' U N .~ ~' W C~ w O U ~ a z O a 3 ~ O '~ ' . ~ ~ a~ d - z ~ ~ ~ ~ ~ ~ ~ ~ U N O1 .~ ~ ° v ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U ~ ~ o ~ ~ ~ a , ~ ~ Q" O ~ bA .L; ~ ~ O ~--i ~. ~ O ~ o ~ o 3 ~ ~. ~ ~ ~ ~ 3 ~ ~ ~ ~ ~ +.,, 3 ~ ~ -d ~ ~ ~ ~ ~ ~ o . o ~ ~ ~ ~ ~ ~ o ~ ~ ~ ~ x r4 d d U a EXHIBIT 1 O 0 U .~ ti ¢ z n 0 U v ~ ~ O .~ ~ V ~ ~ ~ ~ ~ ti y o ~ .x?. ~ 'o ~ ~, b o i U ~ • ~' ~ ~ '~ O ' ~ U ~ U ~ U ~ p 3 U ° 3 `~ ~ '~ ~ ~ ' ~ . 0 ~ ~ ~ ~ ~ ~ N ~ ~ ~ ~ ' ' o 0 ~ ~ '~ °~, z ~. °' ~ ~ o ~ 3 U o ~ 0 U ., •~ ~ ~ ~ ~ ~ o '~ ~ . ~ U x yC v ~ ~ ~ ~ W ~ U N O O O N .~ N 0 U L a~ E m E X E 13B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS ~~~~ 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 Approve the requests for the destruction of obsolete records from the City Manager's Office, Finance and Management Services, and the Community Development Agency in accordance with the retention schedule outlined in City Council Resolution 2006-045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved a list of the records proposed for destruction from the City Manager's Office, Finance and Management Services (Treasury and Purchasing Divisions), and the Community Development Agency. FISCAL IMPACT There is no fiscal impact associated with this item. 19C-1 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Assistant to the City Manager Date: September 20, 2006 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. 19C-2 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2006 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence Oct. 1, 2004 and prior Correspondence/ Oct. 1, 2004 Chronological Files Councilmember Self-explanatory and prior Council Requests Mayor Inquiries processed for Mayor Oct. 1, 2004 and prior Wards 1 through 6 Inquiries processed for Councilmembers Oct. 1, 2004 and prior Correspondence General Correspondence Self-explanatory Oct. 1, 2004 and prior Staff Inquiries processed for Staff Oct. 1, 2004 and prior Monthly Status City Manager Self-explanatory Oct. 1, 2004 Reports and prior Payroll Records Council/Staff Self-explanatory Oct. 1, 2004 and prior Oct. 1, 2004 Travel Folders Council/Staff Self-explanatory and prior AP VE: LCD Z U p (o David N. Ream Dat City Manager RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds CONSENT: 9 ~ ~-06 seph W. Fletcher Date ity Attorney AUDITED BY: Mark Lawrence Date Assistant to the City Manager 19C-3 ` MEMORANDUM To: Laura Sheedy Assistant City Attorney From: Francisco Gutierrez. Executive Director Finance & Management Services Agency Date: September 21, 2006 Subject: Request for Destruction of Records The Finance & Management Services Agency requests your consent to destroy city records relating to the Treasury Division on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you, ~ ~~ Francisco utierrez attachments cc: Christine C. Calderon, Treasury Division 19C-4 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE FINANCE & MANAGEMENT SERVICES AGENCY -TREASURY DIVISION 2006 RECORD RECORD RECORD RECORD CATEGORY .SERIES DESCRIPTION DATES Daily Bank Balance Reports of daily banking activity. June 2003 BANKS Report and Prior June 2003 Deposit Slips Treasury's copy of all City deposit slips sent to bank and Prior Returned Checks Copies of customer checks returned by bank, letters sent une and Prior to customers and other miscellaneous documents Statements Statements relating to investment banking. une and Prior Transfer Activity Records Documents pertaining to the wiring of funds to/from bank une and Prior accounts BUSINESS Monthly Register Miscellaneous Business License Account Summary June 2003 LICENSE TAX Reports Information reports. and Prior Deletion Records Deleted and/or cancelled accounts. June 2003 and Prior Gross Receipts & Business License Tax statements filed by business June 2003 Variable Assessments operators. and Prior Statements Miscellaneous Receipts Receipts for miscellaneous payments. June 2003 and Prior Original Applications Original business license tax applications. June 2003 and Prior Payment Records Statements relating to calculation and payment of June 2003 business license tax. and Prior Renewal Registration Statements relating to business owner information June 2003 Records and Prior Payments /Daily Cash Business License Tax payments received and processed June 2003 Receipts via Treasury cashiers. and Prior CHECKS Voided /Canceled Checks voided/canceled; issued by the City; includes June 2001 Checks & Related Housing Authority, Workers Compensation, Payroll and and Prior Reports Vendor; includes checks voided as a result of printer misali nment. Paid Paid checks issued by the City includes Housing Authority, Workers Compensaf~on, Payroll and Vendor une and Prior checks. Transmission of all List of all City checks issued to allow bank to clear checks and Prior checks issued by City to through account for Positive Pay purposes. Bank. DOG LICENSES Original Applications Application for Dog License; Including Rabies Vaccination and Prior records. 19C-5 RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES une Reports Daily payment information; unpostables; renewals; noncompliance; tag list; penalties and Prior une Payments /Daily Cash Dog License payments received and processed via and Prior Receipts Treasury Cashiers. une Cancellations Dog Licenses cancelled and Prior une HOTEL Filing Records Original Registration and Prior VISITORS TAX une Payment Records Monthly filings and remittances and Prior WATER Applications for Service Original copies of applications for installation of new water June 2003 ACCOUNTS service originated by Public Works and Prior MUNICIPAL Billing Register Reports Computerized reports detailing accounts billed & June 2003 UTILITY respective charges and Prior ACCOUNTS Work Orders Investigations of water meter notices and meter June 2003 exchan es and Prior une Customer files Miscellaneous information /correspondence regarding and Prior customer accounts une Deposit Reports List of Municipal Utility Service accounts that have a and Prior de osit Payment Report Lists daily receipts processed via Treasury Cashiers to une and Prior Municipal Utility Service accounts by account number une Payments Daily receipts processed to Municipal Utility accounts by and Prior Services account number Municipal Utility Services Municipal Utility service Refunds requests and backup une and Prior information Aging Report Lists balances of all Municipal Utility Service accounts une and Prior PARAMEDIC Billing Payments Paramedic Billing payments received by Treasury une and Prior PARKING Collections Itemization of citation payments collected by contract une and Prior CITATIONS service a enc Register Parking Citation Payments process by Treasury Staff une and Prior Amounts Written-off List of parking citations written-off by DMV and Prior Re ort D~MVons Referred to Itemization of citations referred to DMV for collection and Prior REFUND REQUESTS Business Tax Office Utiiity Users Tax; & dllisc. Refund requests to Treasury Division; includes supporting documentation une and Prior Refunds PREPARED BY: Minerva H. Mancha Date Treasury Services Supervisor CONSENT BY: ' q ~z. ~ob Francisco Gutierrez Date Executive Director Finance & Management Services 19C-6 RECORDS DESTROYED: 60 Number of Boxes APPRS3~lEQ BY: /' II( ,.f'7 Jos h F etcher D~ City f?~ttg1-ney 19C-7 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office ~5~1~ From: ~ 0 Date: Re: REQUEST FOR DESTRUCTION OF RECORDS The Clerk of the Council requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. 19C-8 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE FINANCE AND MANAGEMENT SERVICES 2006 RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES June Accounts Cash Requirement Lists paid invoices by vendor. 2003 and Payable (AP 50) Prior Generated payment to City vendor/creditor used in lieu une Direct Payment Voucher of P.O. when item & vendor known. 2004 and Prior Petty Cash Receipts Reimbursements for authorized expenses under $75.00 June 2004 and Prior Purchase Requisitons Agency requests to FMSA to locate best vendor for June identified goods/items 2004 and Prior Travel Request and Expense Report Self-explanatory June 2004 and Prior PREPARED BY: S aron Henneg n September 15, 2006 Administrative Services Manager Purchasing Division RECORDS DESTROYED: CONSENT BY: APPROVED BY: Number of Boxes / Joseph"Fletch~ - - - Date `~i~y'Attorney `~_____ 19C-9 MEMORANDUM To: Laura Sheedy, Assistant City Attorney Date: September 20, 2006 From: Deputy City Manager for Development Services Subject: REQUEST FOR DESTRUCTION OF RECORDS The Community Development Agency requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045 -~ ~~~ Stephen G. Harding fh 19C-10 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE Community Development Agency 2006 RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES ADMIN CDBG/ESG Various schedules, spreadsheets Fiscal Year 2000-2001 and SVCS and reports Prior Sub-recipient binders (application, Fiscal Year 2000-2001 and agreement, backups to payment Prior requests, correspondence, etc... ) City project files paid with CDBG Fiscal Year 2000-2001 and funds Prior PREPARED BY: -.. ~5~ Qy.20-06 Francisco Hernand Date Management Aide Community Development Agency RECORDS DESTROYED: CONSENT BY: i a~ o~ Ste hen G. rding D e Deputy Cit Manager for Development Services Community Development Agency 10 boxes Number of Boxes 19C-11 Location in Box Grant Fiscal Year Description IDIS Number Destroy after 151 ESG 1998-1999 Interval House 499 7/1/2005 151 ESG 1998-1999 Women's Transitional Living Center - WTLC 500 7/1/2005 151 ESG 1998-1999 ESG Funding Process 7/1/2004 151 ESG 1999-2000 ESG Funding Process 7/1!2005 151 ESG 1999-2000 Catholic Charities 524 7/1/2006 151 ESG 1999-2000 PRCSA 550 7!1/2005 151 ESG 1999-2000 Dayle McIntosh Center 592 7/1/2005 151 ESG 1999-2000 Episcopal Services Agency -ESA 600,602 7/1!2006 151 ESG 1999-2000 Friendship Shelter 605 7/1/2005 151 ESG 1999-2000 Interval House 603 7/1/2006 151 ESG 1999-2000 Mental Health Assoc. -MHA 589 7/1/2006 151 ESG 1999-2000 Mercy House Shelter 596 7/1/2005 151 ESG 1999-2000 Mercy House Center 594,595 7/1/2005 151 ESG 1999-2000 Orange Coast Interfaith Shelter 604 7/1/2005 151 ESG 1999-2000 Shelter for the Homeless 597,598 7/1 /2006 151 ESG 1999-2000 YWCA 590 7/1/2005 152 CDBG 1999-2000 Volunteer Center 567 7/1/2006 152 CDBG 1999-2000 YMCA Help 581 7/1/2006 152 CDBG 1999-2000 Williams Institute 568 7/1/2005 152 CDBG 1999-2000 Women's Transitional Living Center - WTLC 569 7/1/2005 152 CDBG 1999-2000 YMCA Ark 580 7/1/2006 152 CDBG 1999-2000 CDBG Funding Process 7!1/2005 152 CDBG 1996-1997 CDBG Goals & Objectives 7/1!2002 152 CDBG 1998-1999 Alternatvie Reperator Theater 1 & 2 475 7!112004 152 CDBG 1998-1999 Blind Children Learning Center 418 7/1/2005 152 CDBG 1998-1999 Cambodian Family 419 711/2005 152 CDBG 1998-1999 CampFire 420 7/1/2004 152 CDBG 1998-1999 Career Beginnings 421 7/1/2005 152 CDBG 1998-1999 Casita de San Jose 422 7/1/2004 152 CDBG 1998-1999 Catholic Charities 442 7/1/2004 152 CDBG 1998-1999 Christmas in April 479 7/1/2005 153 ESG 1997-1998 Vietnamese League - 1 & 2 261 7!1/2004 153 ESG 1997-1998 Catholic Charities 1 & 2 281,285 7/1/2004 153 ESG 1997-1998 Women's Transitional Living Center - WTLC 1&2 263 7/1/2003 153 ESG 1997-1998 Interval House 232,289 7/1/2004 153 ESG 1997-1998 Dayle McIntosh 288 7/1/2004 153 ESG 1997-1998 Episcopal Services Agency -ESA 282,278 7/1/2004 153 ESG 1997-1998 Templo Calvario 258 7/1/2004 155 ESG 1999-2000 Thomas House 587 7/1/2005 155 ESG 1999-2000 Veterans Charities 565 711!2006 155 ESG 1999-2000 Women's Transitional Livng Center- WTLC 599 7/1/2005 156 CDBG 1998-1999 Project Pride 447 7/1/2005 156 CDBG 1998-1999 Relampago Del Cielo 448 7/1/2005 156 CDBG 1998-1999 St. Joseph's Ballet 449 7!112005 156 CDBG 1998-1999 SACAC 450 7/1/2005 156 CDBG 1998-1999 DARE 451 7/1/2004 156 CDBG 1998-1999 City-Sr. Transportation 455 7/1/2005 156 CDBG 1998-1999 SOS 453 7/1/2004 156 CDBG 1998-1999 SMEDA 454 7/1/2005 156 CDBG 1998-1999 Stop Gap 456 7/1/2004 156 CDBG 1998-1999 Taller San Jose 457 7/1/2005 156 CDBG 1998-1999 Thomas House 460 7/1/2005 156 CDBG 1998-1999 Veteran's Charities Shelter 461 7/1/2005 156 CDBG 1998-1999 Veteran's Charities Rehab 462 7/1/2005 156 CDBG 1998-1999 Vietnamese Community Center 459 711!2005 156 CDBG 1998-1999 Volunteer Center 463 7/1/2005 156 CDBG 1998-1999 Women's Transitional Living Center - WTLC 464 7/1/2004 156 CDBG 1998-1999 YMCA-Ark 465 7/1/2005 156 CDBG 1998-1999 YMCA-HELP 466 7/1/2005 156 CDBG 1998-1999 YWCA 467 7/1/2005 156 CDBG 1998-1999 Boy Scouts-cancelled 440 711!2004 156 CDBG 1998-1999 CDBG Process 7!1/2004 157 ESG 1998-1999 Catholic Charities 442,443 7/1/2005 157 ESG 1998-1999 Dayle McIntosh 486 7/1/2005 157 ESG 1998-1999 Episcopal Service Agency -ESA 504,505 7!1/2005 157 ESG 1998-1999 Friendship Shelter 502 7/1/2004 157 ESG 1998-1999 Interval House 499 7/1/2005 157 ESG 1998-1999 Mary's Shelter 488 7/1/2005 157 ESG 1998-1999 Mental Health Assoc. MHA 481 7/1/2005 19C-12 157 ESG 1998-1999 Mercy House 483 7/1/2004 157 ESG 1998-1999 PRCSA 496 7/1/2005 157 ESG 1998-1999 Shelter for the Homeless 506 7!1/2005 157 ESG 1998-1999 SMEDA 498 7/1/2005 157 ESG 1998-1999 Thomas House 494,495 7/1!2005 157 ESG 1998-1999 Veteran Charities 507 7/1/2004 157 ESG 1998-1999 Vietnamese League 497 7/1/2005 157 ESG 1998-1999 WYCA 471,472 7!112005 157 ESG 1997-1998 ESG Program 7/1/2003 158 CDBG 1999-2000 Alternate Repertore Theater 1 & 2 529 7/1/2005 158 CDBG 1999-2000 Aman 530 7/1/2005 158 CDBG 1999-2000 Blind Children Learning Center 531 7/1/2005 158 CDBG 1999-2000 Cambodian Family 532 7!1/2006 158 CDBG 1999-2000 CampFire 533 7!1/2005 158 CDBG 1999-2000 Career Beginnings 534 7!1/2006 158 CDBG 1999-2000 Casita De San Jose 535 7/1/2005 158 CDBG 1999-2000 Christmas in April 586 7/1/2006 158 CDBG 1999-2000 Council on Aging 538 7/1/2006 158 CDBG 1999-2000 St. Vincent 539 7/1/2006 158 CDBG 1999-2000 Delhi 537 711/2005 158 CDBG 1999-2000 Fair Housing of Orange County 522 7/1/2006 158 CDBG 1999-2000 Feedback 541 7/1/2005 158 CDBG 1999-2000 Hotline 542 7/1/2006 158 CDBG 1999-2000 Lutheran 543 711!2006 158 CDBG 1999-2000 Mercy House 545 7/1/2005 159 CDBG 1999-2000 Olive Crest 546 7/1/2005 159 CDBG 1999-2000 Operation Clean Slate 547 7/1!2006 159 CDBG 1999-2000 OC. Bar-Short Stop 526 7/1!2005 159 CDBG 1999-2000 OC Center for the Contemporary Arts 528 7/1/2005 159 CDBG 1999-2000 OC. Crazies 521 7/1/2006 159 CDBG 1999-2000 Pacific Symphony 548 711!2006 159 CDBG 1999-2000 Paul McNeff 549 7/1!2005 159 CDBG 1999-2000 Relampago Del Cielo 551 7/1/2006 159 CDBG 1999-2000 St. Joseph's Ballet 552 711!2006 159 CDBG 1999-2000 Santa Ana HS Folklorico 554 7/1/2005 159 CDBG 1999-2000 Santa Ana Historic Preservation Society 555 7/1/2006 159 CDBG 1999-2000 SOS 559 7!1/2005 159 CDBG 1999-2000 SMEDA 561 7/1/2006 159 CDBG 1999-2000 Stop Gap 562 7!1!2005 159 CDBG 1999-2000 Thomas House 564 7!1/2006 159 CDBG 1999-2000 Taller San Jose 563 7/1/2006 159 CDBG 1999-2000 Vietnamese Communtiy Center 566 7/1/2006 159 CDBG 1999-2000 Veteran Charities 565 7/1!2006 160 CDBG 1998-1999 Community Service Program-Drug Court 424 7!1/2005 160 CDBG 1998-1999 St. Vincent De Paul 425 7/1/2005 160 CDBG 1998-1999 Delhi 426 7/1/2005 160 CDBG 1998-1999 Fair Housing of Orange County 458 7/1/2005 160 CDBG 1998-1999 Feedback Foundation 428 7/1/2004 160 CDBG 1998-1999 Hotline 429 7/1/2005 160 CDBG 1998-1999 Lutheran Social Services 431 7/1/2005 160 CDBG 1998-1999 Mariposa 432 7/1/2005 160 CDBG 1998-1999 Mercy House 433 7/1/2004 160 CDBG 1998-1999 Mexican American Foundation-MAOF 434 7/1/2005 160 CDBG 1998-1999 Olive Crest 435 7/1/2004 160 CDBG 1998-1999 Operation Clean Slate 436 7/1!2005 160 CDBG 1998-1999 O.C. Bar Foundation 437 711!2004 160 CDBG 1998-1999 OC Center for the Contemporary Arts 438 7/1!2004 160 CDBG 1998-1999 Council on Aging 439 7/1/2005 160 CDBG 1998-1999 OC Crazies 441 7/1/2005 160 CDBG 1998-1999 OC. Teen Challenge 444 7!1/2005 160 CDBG 1998-1999 Pacific Symphony 445 7/1!2005 160 CDBG 1998-1999 Paul McNeff 446 7!1/2004 161 ESG 2000-2001 Dayle McIntosh 677 7!1!2006 162 2000-2001 Blind Children Learning Center 665 7!1/2006 163 CDBG 2000-2001 Casita de San Jose 670 6/1/2006 164 CDGB 2000-2001 Feedback 683 7!1/2006 164 CDGB 2000-2001 Minnie Street Learning - $5000 698 7/1/2006 164 CDGB 2000-2001 Olive Crest 703 7!1/2006 164 CDGB 2000-2001 OC. Bar 699 7!112006 165 CDBG 2000-2001 OC Conservation 701 7!1/2006 19C-13 165 CDBG 2000-2001 Paul McNeff 708 7!1/2006 165 CDBG 2000-2001 St. Joseph's Ballet 723 7!112006 165 CDBG 2000-2001 Spring Board 722 7!1/2006 165 CDBG 2000-2001 Stop Gap 712 711!2006 166 CDBG 2000-2001 OC Center for the Contemporary Arts 700 7!1/2006 166 ESG 2000-2001 Orange Coast Interfaith Shelter 705 7/1/2006 166 CDBG 2000-2001 Project Pride 709 7!1/2006 166 ESG 2000-2001 Shelter for the Homeless 720 7!1/2006 166 CDBG 2000-2001 SOS 711 711!2006 166 ESG 2000-2001 WISEPIace 733 7/1/2006 166 ESG 2000-2001 Women's Transitional Living Center 736 7/1/2006 167 CDBG 2000-2001 Veteran Charities 742 7/1/2006 167 ESG 2000-2001 Funding Process 7/1/2006 167 CDBG 2000-2001 Funding Process 7/1/2006 Office CDBG reference material-out dated or now avail. On intemet 7/1/2006 208 CDBG 2003-2004 Neighborhood Sponsored 1065 7/1/2006 Office CDBG 1999-2000 Santa ana Council of arts & culture 553 7/1/2006 Office CDBG 2000-2001 application workshop papers 7/1/2006 Office CDBG 1999-2000 dpv's 711!2005 Office ESG 1999-2000 dpv's 711/2005 Office CDBG 1998-1999 dpv's 7!1!2004 Office ESG 1998-1999 dpv's 711!2004 Office CDBG 1994-1998 budgets 7/1/2003 Office CDBG 1995-1999 eligible schools 7!1/2004 Office CDBG 1998-1999 sub-recipient Monitoring papers 7!1!2004 Office CDBG 1997-1998 sub-recipient Monitoring papers 7!1!2003 Office CDBG 1999-2000 Cambodian family 532 7!112005 Office CDBG 1999-2000 csp-drug court 536 7/1/2006 Office ESG 1998-1999 ESA 503 7/1/2004 Office CDBG 1999-2000 senior transportation program 558 7/1/2005 Office CDBG 1999-2000 DARE 557 7/1/2006 Office CDBG 1999-2000 Helicopter 527 7/1/2006 Office CDBG 1999-2000 Code Enforcement 570 7/1/2006 207 ESG 1999-2000 WTLC 1 & 2 569 7/1/2005 207 CDBG 1999-2000 Project Pride 550 7/1/2005 207 CDBG 1998-1999 Community Service Program 424 7/1/2005 207 CDBG 1998-1999 Catholic Charities 423 7/1/2005 204 ESG 2004-2005 Anaheim Interfaith Shelter Cancelled 7/1/2006 199 CDBG 2004-2005 Betty Shabazz Cancelled 7/1/2006 186 CDBG 1998-1999 Vietnamese Community Center 459 7/1/2005 186 CDBG 1999-2000 Vietnamese Community Center 566 7/1/2006 186 ESG 1998-1999 Women's Transitional Living Center 500 7/1/2005 186 ESG 1999-2000 YMCA 581 7/1/2006 171 ESG 1999-2000 Women's Transitional Living Center - WTLC 599 7/1/2005 171 ESG 1999-2000 Shelter for the Homeless 597 7!112006 171 ESG 1999-2000 Interval House 499 7/1/2005 171 ESG 1999-2000 Catholic Charities 1 & 2 523 7/1/2005 171 ESG 1999-2000 SMEDA 561 711!2006 171 ESG 1999-2000 Mercy Center 596 7/1/2005 171 ESG 1999-2000 Dayle McIntosh 593 7/1/2006 162 ESG 1999-2000 Application 7/1!2005 162 ESG 2000-2001 Application 7/1!2006 162 1999-2000 Continuum of Care 711!2005 162 2000-2001 Continuum of Care 7!1!2006 162 1998-1999 Continuum of Care 7/1/2004 162 ESG 1998-1999 Monitoring Visits 7/1/2004 162 ESG 1999-2000 Monitoring Visits 7/1/2005 162 CDBG 2000-2001 Helicopter 719 7/1/2006 19C-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: WORKFORCE INVESTMENT ACT PLAN MODIFICATION FOR FISCAL YEAR 2006- 07 ~~ ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve the Workforce Investment Act Annual Plan Modification for Fiscal Year 2006-07 and authorize its submittal to the State of California Workforce Investment Board. WORKFORCE INVESMENT BOARD RECOMMENDATION Recommended that the City Council approve the Workforce Investment Act Annual Plan Modification for Fiscal Year 2006-07 and authorize its submittal to the State of California Workforce Investment Board. By a vote of 19:0 (Conrad, de Leon, Kanda, Korthuis, Lacroix, Lewis, Lin, Meza, Notch, Ortega, Wadhera, Zarate-Cervantes absent) at its Special Meeting of September 18, 2006. DISCUSSION The Workforce Investment Act (WIA) of 1998 provides funds to Local Workforce Investment Areas (LWIA) to operate job-training programs allowable under the Act for adults, dislocated workers, and youth meeting specific criteria as outlined in the Act. The City of Santa Ana was designated as a LWIA and administrative entity, on January 28, 2000 by the State Workforce Investment Board. Santa Ana has received WIA funds to operate job-training programs yearly since July 1, 2000. The State Workforce Investment Board requires each Local Workforce Investment Area to submit a modification of its local plan (Exhibit 1) to the State for review and approval in order to receive funding for that fiscal year. The Annual Plan modification incorporates new State Board requirements, documents any substantial changes in the LWIA and identifies the fund utilization and participant services plans for the 19D-1 WIA Plan Modification for FY 06-07 October 2, 2006 Page 2 new fiscal year. The proposed plan modification incorporates new funds for the fiscal year and establishes new participant service plans. WIA regulations require a thirty-day public comment period for all plan modifications to allow for input on the intended use of the resources for fiscal year 2006-07. The proposed plan modification was mailed to all WIB members and other interested parties on August 4, 2006, and a notice was published in the Orange County Register announcing its availability to the public for a thirty day comment period. On September 8, 2006, Notification of the Public Hearing was published in the Orange County Register. All comments received, including any recommendations made by the City Council, will be included in the final document, which is due to the State of California no later than October 2, 2006. Once the plan modification is submitted by the City of Santa Ana and approved by the State Board and the Governor, Santa Ana will be eligible to receive $963, 562 in adult funds, $891,088 in dislocated worker funds, $1,019,729 in Youth funds and $272,088 in Rapid Response funds. FISCAL IMPACT There is no fiscal impact associated with this action. Ste hen G. rding Deputy City Manager for Development Services SGH/FJ/mlr H:\ACTIONS\2006 CC\WIAP1anModFY06-07 10-2-06.doc 19D-2 Exhibit 1 Proposed 7th year revisions to Five -Year Local Strategic Workforce Investment Plan for Title I of the Workforce Investlz~ent Act of 1998 Publi c Laval 10 5 -220 (Workforce Investizlent System) for the period of July 1, 2006 to .June 3 0, 2007 City of Santa Ana Workforce Investment Area Administration Office 888 N. Santa Ana Blvd. #208 P.O. Box 1988, M73 Santa Ana, CA 92702-1988 (714) 565-26.21 Seventh Yeal- Modification Released 8/4/06 Public Conunent Period 8/4/06 tlu-ough 9/5/06 Submttal date to the SAWIB - 9/15/06 Submittal date to the SA Cit)~ Council - 10/02/06 EXHIBIT 1 19D-3 August 4, 2006 TO: All SAWIB Members and Interested Parties ! FROM: WIB Administrative Unit ~; Modifications to the 5 year Strategic Plan for PY 06-07 ATTACHED ARE THE PAGES AND REQUIRED DOCUMENTS FOR THE PY06-07 MODIFICATION TO THE SAWIB'S FIVE YEAR STRATEGIC PLAN. Modification to the body of the plan are only required if there are substantial changes. Verv little needed to be changed in the body however the section on employment/unemployment was updated to reflect OS-06 data (Section IILC. pg. 11). The PY05-06 Plan is posted on the web site (~~w«~.santaanawib.com) if you'd like to compare them. The second set of documents included in this packet are the Adult, Dislocated Worker i and Youth budget and participant plans for PY06-07. These are the~main reason the plan i has to be modified as it is a requirement when bringing in funding for the new year. The third attachment is new to PY06-07 and is required of all Local Areas. This Addendum is to assure the State that local plans are consistent with the state plan and its vision for business services, life long learning and any other elements that were not - tension for PY05-06. ne ear ex 'n or o mental lanm y Included m the imtial/supple p g This modification will come before the WIB on September 8, 2006 and the Santa Ana City Council on September 18, 2006. The public comment period will be from August 4, 2006 -September 4, 2006 and a public hearing, where we will go over the attached modifications and answer any questions the public might have, will be held on August , 21, 2006 at 1:30PM at the WIB Administrative Office, 888 W. Santa Ana Blvd., Suite 208, Santa Ana, CA 92701. If you have any questions, please do not hesitate to call me at (714) 565-2621 or email me at _fiutzi~~ci.santa-ana.ca.us. Written comments may be submitted to the above address as well. Santa Ana Workforce Investment Board 1000 E. Santa Ana Blvd., Suite 200, Santa Ana, CA 92701 (714) 565-2643 Fax (714j 565-2602 A Existing workers need to access affordable, flexible education and training opportunities that allows them to add to their current skill set to stay competitive in their industry, and to avail themselves of opportunities for advancement and promotion. Many workers have some of the same deficiencies mentioned above in relation to job seekers. B. How will the needs of employers be determined in your area? [State Planning Guidance IV.B.6] The City of Santa Ana's Economic Development Division has successfully used a variety of methods to determine employers needs in the city including surveys, focus groups, community forums, personal telephone calls and visits. In addition, the City has State Enterprise Zone and more recently, Federal Empowerment Zone designation, both of which have extensively surveyed the local businesses and community members to deternine needs. It is not the Santa Ana Workforce Investment Board's intent to duplicate these efforts but instead to use this information and other data culled from local organizations such as the Employment Development Department, Chamber of Commerce, Southland Economic Development Corporation and Rancho Santiago Community College District to determine the needs of local employers. Additional data collection efforts will be utilized as needed. C. Yi'hat are the current and projected employment opportunities in the local area? [WIA Section 118(b)(1)(B)] The .latest Orange County data:... (7/21/06 .press release) provided by the Employment. Development Department's Labor Market Information Division for the period between June 2005 and June 2006 shows .overall growth in non-farm jobs of 0.8% (12,400 jobs), which is down from 1.5 % a year ago (21,500 jobsj. Professional and business services reported the largest ..gain: 7,400 jobs, which is slightly less than last year's gain of .8,800 jobs. ,Administrative and Support Service accounted for over half that .growth with 3,900 jobs. Educational and health services posted an increase of 2,100 jobs, with 95 percent of the growth concentrated in the health care and social assistance. Construction employment rose by 1,800 jobs. The majority of the expansion was in specialty trade contractors, which include plumbers, electricians, laborers and others. Santa Ana's unemployment rate for June 2006 was 6.0%, which remains higher than that of `Orange County as a whole, which is at 3.7%. Tliis is not much of a change from June 2005 when Santa Ana unemployment rate was 6.2% and Orange County's was at 3.5%. WIB Board members continue to stress the difficulties they are having finding qualified workers in this labor market. The 2000 Orange County Forecast released Chapman University's Center for Economic Research states that even though job growth dipped in 1999 to 3.2 % it is still higher than the job growth rate in the U.S. which is at 2.2 % and even higher than most other California counties. The Chapman Model expects an average annual job growth rate of 3% and predicts growth to be between 2 and 11 19D-5 ^ WIA Local Plan Modification PY 2006-07 ^ Modification # LWIA: Date: SANTA ANA 07/01 /06 TITLE IB BUDGET PLAN SUMMARY (Adult or Dislocated Worker) WIA 118; 20 CFR 661.350(a}(13) PROGRAM TYPE for PY 2006, beginning 07/01/06 through 06/30/07 ~ Grant Code 201/202/203l204WlA IB-Adult ^ Grant Code 501/502/503/504 WIA IB-Dislocated Worker FUNDING IDENTIFICATION' R692505 Subgrant R760353 Subgrant 1. Year of Appropriation 2005 919,887 2006 963,562 2. Formula Allocation 304) (7 Allocation Adjustment -Plus or Minus 3 , . 4. Transfers -Plus or Minus (125,000) 583 787 963,562 5. TOTAL FUNDS AVAILABLE (Line 2 plus 4) , OTALAL'LOCATIONfCO$T~CATEGORY.>(PLAN T ,. .:; ':., ,~.. , Pro ram Services (sum of Lines 6A through 6E) 6 708,825 867,206 . A. Core Self Services 75,837 276 117 80,000 120,000 B. Core Re istration Services , 211 196 200,000 C. Intensive Services , 644 81 82,000 D. Training Services , 857 237 385,206 r Oth E , e . Administration (Line 5 minus 6) 7 78,758 96,356 . 8. TOTAL (Lines 6 plus 7) 787,583 963,562 QUARTERLY TOTAL EXPENDITURE PLAN (cumulative from July 1, 2005 and July 1, 2006 respectively) 9. September 2005 14,563 10. December 2005 177,902 -~~ 11. March 2006 440,208 12. June 2006 583,628 628 728 15,000 13. September 2006 , 583 787 200,000 14. December 2006 , 450,000 15. March 2007 600,000 16. June 2007 '' ~ •- 730,000 17. September 2007 r*'~ k" -'~' ``~ ~~~~ 900,000 18. December 2007 .9 , ,..~ ~~ 963,562 19. March 2008 . ,.~_ . 20. June 2008 Fran L. Jutzi, WIB Administration Contact Person, Title 714-565-2621 Telephone Number 7/27/2006 Date Prepared comments: NOTE: Final Rule 667.160, What Reallocation Procedures Must the Governors Use, discusses local area obligation rates, recapture, and reallocation. Also see W IA Directive W IAD01-10. Title IB Budget Plan Summary (Adult or Dislocated Worker) Forms Supplement FW IAD05-19E Page 1 of 1 19D-6 Rev 7/06 ~ WIA Locat Plan Modification PY 2006-07 SANTA ANA ~ Modification # LWIA: Date: 07101 /06 TITLE IB BUDGET PLAN SUMMARY (Adult or Dislocated Worker) WIA 118; 20 CFR 661.350(a)(13) PROGRAM TYPE for PY 2006, beginning 07/01/06 through 06!30107 ~ Grant Code 2011202/203/204 WIA IB-Adult ~ Grant Code 5011502/503/504 WIA IB-Dislocated Worker FUNDING IDENTIFICATION R692505 Subgrant 1. Year of Ap ro riation 2005 2. Formula Allocation 762,114 3. Allocation Adjustment -Plus or Minus (5,150 4. Transfers -Plus or Minus 125,000 5. TOTAL FUNDS AVAILABLE (Line 2 plus 4) 881,964 OTAL ALLOCATION CU5:1_~"l.A;~~tu 6 Program Services (sum of Lines 6A A. Core Self Services B. Core Registration Services C. Intensive Services D. Training Services E. Other 7. Administration (Line 5 minus 6) 8. TOTAL (Lines 6 plus 7) QUARTERLY TOTAL EXPENDITURE PLAN 9. September 2005 10. December 2005 11. March 2006 12. June 2006 13. September 2006 14. December 2006 15. March 2007 16. June 2007 17. Se tember 2007 18. December 2007 19. March 2008 20. June 2008 793,768 80,000 120,000 200,000 274,615 119,153 88,196 881,964 ulative from July 1, 2005 and July 1, 2006 respectively) 135,385 384,354 588,056 - - 841,817 881,964 ..~_ _ :R.: ;~ „~. ~T . 891,088 801,980 81,000 125,000 200,000 275,000 120,980 89,108 891,088 135,000 385,000 600,000 850,000 891,088 714-565-2621 7/27/2006 Fran L. Jutzi, WIB Administration Date Pre ared Contact Person, Title Telephone Number p Comments: NOTE: Final Rule 667.160, What Reallocation Procedures Must the Governors Use, discusses local area obligation rates, recapture, and reallocation. Also see WIA Directive W IAD01-10. Title IB Budget Plan Summary (Adult or Dislocated Worker) Forms Supplement FW IAD05-19E Page 1 of 1 19D-7 R760353 Subgrant 2006 891,088 Rev 7/06 ~ WIA Local Plan Modification PY 2006-07 (~ Modification # LWIA: Date: TITLE IB BUDGET PLAN SUMMARY (Youth) WIA 118; 20 CFR 661.350(a)(13) PROGRAM TYPE for PY 2006, beginning 04101/06 through 06/30107 ~ Grant Code 301/302/303/304 WIA IB-Youth f.UNDING IDENTIFICATION ': R692505 Sub 1. Year of Appro riation 2005 2. Formula Allocation 3. Allocation Ad~ustment -Plus or Minus 4. TOTAL FUNDS AVAILABLE (Line 2 plus 3) TOTAL ALLOCATION:COST~.CATEGgRY PLAN'' 5. Pro ram Services (sum of Lines 5A and 5B) A. In School B. Out-of-School (30%) 6. Administration (Line 4 minus 5) 7. TOTAL (Line 5 plus 6) QUARTERLY;~TOTAL~EXPENDIT,URE~PL~`AN~~c"L'mulaive~from April 1;-2005 and April 8. June 2005 9. September 2005 10. December 2005 11. March 2006 12. June 2006 13. Se tember 2006 14. December 2006 15. March 2007 16. June 2007 17. September 2007 18. December 2007 19. March 2008 20. June 2008 grant R760353 Subgrant 2006 980,234 1,019,729 980,234 1,019,729 ,;. 882,210 917,757 352,884 468,300 529,326 449,457 98,024 101,972 980,234 1,019,729 I, 2006 respectively) ;' ~ r 0 G ,,~. ~` 0 6,995 - 245,059 431,863 0 681,860 0 937,863 10,000 980,237 250,000 500,000 700,000 950,000 1,019,729 Fran L. Jutzi, WIB Administration 714-565-2621 Contact Person, Title Telephone Number Comments: NOTE: Final Rule 667.160, What Reallocation Procedures Must the Governors L obligation rates, reca ture, and reallocation. Also see WIA Directive WIAD01-10. 7/27/2006 Date Prepared discusses local area Title IB Budget Plan Summary (Youth) Forms Supplement Rev. 7/06 FWIAD05-19F Page 1 of 1 190-8 SANTA ANA 04!01 /06 ^ WIA Local Plan Modification PY 2006-07 LWIA: ^ Modification # Date: TITLE IB PARTICIPANT PLAN SUMMARY WIA 118; 20 CFR 661.350(a)(13) Plan the number of individuals that are in each category. Totals for PY 2006 (07101106 through 06130107) 1. Registered Participants Carried in from PY 2005 2. New Registered Participants for PY 2006 3. Total Registered Participants for PY 2006 (Line 1 plus 2) 4. Exiters for PY 2006 5. Re istered Participants Carried Out to PY 2007 (Line 3 minus 4) ^ROGRAM:SERVICES ~- - `' "- ?'', 6. Core Self Services 7. Core Registered Services 8, Intensive Services g. Training Services IKILL ATTAINMENT 10. Attained aSkill/Goal _XIT STATUS - 11. Entered Employment 11A. Training-related 11B. Entered Postsecondary/Advanced/Credential Program 12. Remained with Layoff Employer 13. Entered Military Service 14. Entered Advanced Training 15. Entered Postsecondary Education 16. Entered Apprenticeship Program 17. Attained High School Diploma/GED 18. Returned to Secondary School 19. Exited for Other Reasons Fran L. Jutzi, WIB Administration Contact Person, Title Title IB Participant Plan Summary Forms Supplement FW IAD05-19G SANTA ANA 07/01106 -ADULT , DW OY -YY ;, 67 89 36 7 123 121 72 100 190 210 108 107 85 100 77 65 105 110 31 42 4,200 1,800 190 210 171 189 '~ 60 40 ~,~, - ,f3 __ 90 67 80 55 5 35 25 5 0 48 66 10 - 0 -' 0 ~~: 3 2 - ~ ~ 7 35 1 43 15 18 20 22 5 714- 565-2621 7/27106 Telephone Date Prepared Page 1 of 1 19D-9 6/06 WIA Local Plan Modification PY 2006-07 ^ Modification # LWIA: SANTA ANA Date: 04101 /2006 X. ADDENDUM A. Consistency with the State Plan -WIA Section 118(a) requires Local Plans to be consistent with the State Plan. The Governor's key priorities for California's public workforce system are: • Understanding and Meeting the Workforce Needs of Business and Industry in order to Prepare Workers for 215' Century Jobs • Targeting Limited Resources To Areas Where They Can Have the Greatest Economic Impact • Collaborating to Improve California's Educational System At All Levels • Ensuring the Accountability of Public and Private Workforce Investments These four key priorities for California's workforce system are addressed in the Governor's vision for the system in more detail in Section I of the State Plan. Describe how your local vision and workforce development strategy is consistent with the Governor's workforce development priorities. The Vision of bofh fhe State of California and fhe Santa Ana Workforce Investment Board of "providing aworld-class workforce so that businesses may Thrive and grow" are synonymous. In fact, the Santa Ana W1B's vision goes even further and states that they "envision a Santa Ana workforce thaf achieves world-class status and surpasses The needs of local employers." Santa Ana believes ifs vision and workforce development strategy are in alignment with the Governor's key priorities. 1) The Santa Ana W1B and its comprehensive one-stop cenfer staff along with the Economic Development Division of the City of Santa Ana which oversees the Federal Empowerment Zone (FEZ) and the State Enterprise Zone (EZ) provide comprehensive business services to our employer base on a daily basis. One advantage in having close ties with the City's Economic Development Division is in the area of business retention. A Business Services Team, consisting of staff from all relevant city divisions, are in regular contacf with local employers and use a database developed to share information immediately after a visit to each employer regarding their individual workforce needs. The Business Services team can be quickly pulled togefher to develop and implement a plan to ensure a business's needs are met from utilizing tax FW IAD05-19D ~ Pale 1 of 0 6/06 credits to recruitment of trained workforce to employee training thus making the sysfem demand driven as well as responsive. The Santa Ana WIB is a strong business led board with many members who are also very active with the local Santa Ana Chamber of Commerce, which is also focused on workforce issues. The involvement of these business leaders in Santa Ana's workforce programs has ensured that the business service needs of local and even regional employers are and remain the focus of the local workforce development efforts. Santa Ana's business base is predominately manufacturing so to ensure their business needs are being met the Santa Ana W1B instituted the highly successful Manufacturing Roundtable meetings which focus on topics determined by the manufacturing community Themselves. The W1B is able to secure speakers/presenters who are specialized and can answer questions as well as provide relevant training and services to these businesses. Various topics have included workers comp insurance, employment and training panel programs, employee skill upgrade and quality improvement programs as well as others designed to assist Local employers with productivity and profitability. 2) the Santa Ana WIB will continue its efforts to partner with local educational agencies and other partners fo provide training in the high-wage, high-growth occupations available locally. In addition efforts to assist employers in upgrading their workers' skills so that They may move up in the company and make room for new hires or promotions will be a priority for its Business Services Unit. Where appropriate, other resources are expected fo be tapped for these efforts such as the Employment Training Panel funds. Additionally Santa Ana will continue to provide vocational (raining to those laid-off from local employers and those who are unemployed and under skilled. These efforts will enhance the Return-on-Investment for Santa Ana, which was most recently calculated at 473% by a study conducted by California State University, Fullerton in 2005. 3) The Santa Ana W18 supports the Governor's efforts in improving California's educational system at all levels and believes lifelong learning needs to be the goal of each and every person in the 21St century. Santa Ana continues to focus on new and innovative programs for its youth and works closely with the Santa Ana Unified School District, the Regional Occupational Programs, Adult Education and the Rancho Santiago Community College District. Santa Ana's most in need youth are offered a variety of innovative opportunities to get and complete (heir education and improve their skills which include using music, art, and most recently boxing to engage these high risk youth. Unfortunately Santa Ana is a city with a higher fhan average rate of non- completions and the WIB along with its Youth Council are working very hard to improve the number of high school graduates as well as those who go on fo high education. The Santa Ana WIB is a strong supporter of the Santa Ana School District and Chamber of Commerce in their endeavor to create a new technical high school within an existing high school, an idea that was proposed by the local business community and forwarded by the Chamber to the school board. High School Inc. will be a leader in this innovative approach to education and will focus on seven high growth industry clusters in Orange FWIAD05-190 Page 2 of 8 6/06 190-11 County: automotive, business services,construction, healthcare, logistics/transportation, transportation and new media. 4) The Santa Ana WIB has always been very cognizant of the need to ensure the Workforce Investment Acf funds are accounted for and result in a meaningful Return- on-Investment (R01). The two studies conducted by outside agencies have assured the WIB and elected officials alike that these programs do yield meaningful results. The first study was conducted by Chapman University in 2004 and measured the ROI on adults and dislocated workers who exited the system in PY02-03 where a conservative analysis indicated a 272-329% ROI. A second study was conducted in 2005 by California State University, Fullerton on PY03-04 universal access clients, the majority of users of the one-stop, and again a conservative ROl was estimated to be 473%. The W1B is dedicated to continuing data evaluation of the workforce investment system in Santa Ana. Cost sharing and streamline of services is foremost on the mind of the WIB and the one-stop. Partnerships are continuously evaluated and efforts to avoid duplication are a top priority. Leveraging of funds is also a top priority to ensure the ones-stop is functioning in top form. Additional funding has been sought and obtained from the federal government and the Empowerment Zone. Collocation of staff, sharing of resources and outcomes, cross training/staff development continue to be a priority to ensure funds are used wisely to serve our customers. B. Other information as required by the Governor [VIVA Section 118(b)(10}] - Since the development of the State Plan, the State Board has adopted vision statements regarding business services and lifelong learning. Also, there are other elements that the State is requiring in the Local Plan. 1. The State Board Business and Industry Special Committee has adopted the following vision statement, "The One-Stop System, in collaboration with the economic development community, partners with California's business to provide best-in-class local services to business to support job retention and growth." Provide a description of your local strategies, based upon your Local Board's vision for business services, to improve the services to employers, and include in your description: a. Your vision and strategic planning efforts for business services. The Santa Ana WIB's vision for Business Services is focused on meeting the needs of local businesses who are faced with replacing an aging workforce in a city whose population is young and a good portion is under-educated. The Manufacturers Roundtable meetings continue to be a way to take the pulse of the local business community and help the WlB focus on current business concerns. Recent strategic planning efforts indicate the WIB will focus on further development of business services at the one-stop, support of job FW IAD05-190 Page 3 of 8 6106 190-12 creation, provision of small business assistance, realignment of business services teams, and expanded round table events to broaden the usage of the one-stop services by local employers. A tool fo measure the effectiveness of the business services efforts is in the development stages. b. How you use industry partnerships and other employer contacts to validate employer needs. A variety of local workforce studies are utilized to determine demand occupations and employer workforce needs including the Employment Development Department's labor market information for Orange County which provides occupational predictions as well as industry trends, the Santa Ana Federal Empowerment Zone employer study which provides excellent data on employers' needs and growth potential in Santa Ana, and the State Enterprise Zone Vouchering Program data which was analyzed to show which industries are hiring in Santa Ana. Additionally the Santa Ana Chamber of Commerce, the Small Business Administration, and the City's Economic Development Division all produce employment data that is used by staff when focusing services for employers. Another important source of employer information comes from the Rapid Response team's efforts, which documents the changing workforce in Santa Ana and the types of businesses who are leaving California to move to out of the country or fo other states where they can be more profitable. A Business Retention team is in place with members from the City's Economic Development Division and the one-stop center fo assist businesses with a any of their concerns and fo market the various economic development/workforce programs offered in Santa Ana such as tax credits and other business related services and to keep them connected locally. Data compiled from these employer visits is used to provide timely workforce and local businesses trends. The one-stop uses "Dunn and Bradstreet" to focus its business services on businesses who may be having workforce issues. Partnerships are being expanded with the Employment Training Panel, the Community College and the Regional Occupational Training program to further meet local business needs. Information from all of these resources is used to help ensure Workforce Investment Act resources are both productive and meaningful to our local employers. c. What actions the Local Board has taken, or plans to take, to ensure that local business services are not redundant and coordinated with partner programs such as Wagner-Peyser and Economic Development Corporations. FWIAD05-19D Page 4 of 8 6/06 19D-13 Partnerships with the Employment Development Department (EDD) and Economic Development are already in place. Teams can be pulled together quickly and are proactive. Information sharing methods are in place fo avoid duplication of efforts and services. The Orange County Regional Manager of EDD sits on the Santa Ana W1B and the Santa Ana one-stop houses a complete Job Services Division. The Local Workforce Investment Area of Santa Ana is administered by the City's Economic Development Division and the Santa Ana WORK Center (one-stop) director also has a seat on the WIB. These relationships have resulted better communication, coordination and delivery of services at the one-stop. d. How the Local Board measures the satisfaction of business services and how the data are used to improve services. Evaluation of business services is being developed as part of the WIB's strategic plan. Additional marketing efforts are being considered as it is still clear that not nearly enough local businesses are aware of the WIB, the one- stop and the business services available to them. A plan to increase joint marketing efforts with the City's Economic Developmenf Division is in the works. Testimonials from business will be obtained to use in these marketing efforts as well as additional outreach efforts and communication venues will be explored. The one-stop will revive its employer survey in order to document business satisfaction. Currently the Business Services staff report employer satisfaction is "good" based on feedback they get from businesses but do not document if sufficiently. This will be a top priority in the next year. 2. The State Board's vision for Lifelong Learning states: "The vision for lifelong learning, in the context of workforce development, is to enable current and future workers to continually acquire the knowledge, skills, and abilities required to be successful in the workplace." a. Describe how the Local Board is addressing lifelong learning, in the context of workforce development, through collaborative policy and planning. The Santa Ana WIB is a strong proponent of lifelong learning. Efforts to provide relevant services through agency collaborations with the Rancho Santiago Communify College District, the Regional Occupational Training Program and the Employment and Training Panel are in place. As a partner, the community college provides a wide array of employer services that can be tapped info by employers to provide lifelong learning to their employees including a large variety of college classes which can be customized for each employer's needs and computer based infernet courses at their ACT Center which has over 2,500 courses. Their ability to analyze an employer's needs and build a curriculum around those needs makes them a valuable partners and strong proponent of lifelong learning. The Business Services Staff work FWIAD05-19D Page 5 of 8 6/06 19D-14 closely with these agencies when assisting employers with (heir training needs. Most employers are not aware of these new models of alternative education services available and try to do it by themselves using more traditional methods but are frustrated by the outcomes and that is where our Business Services staff can really provide assistance as well as cost savings by tapping into this network of demand driven services employers are not connected to yet. It is a win-win for everyone. b. Describe how the Local Board will improve and promote access to lifelong learning in the next year. Include existing or planned efforts to leverage resources with local lifelong learning partners, including business and education. The newest effort of the Santa Ana WIB will be to further develop ifs partnership and usage of the Employment and Training Panel funds and ifs agency collaboration with Southeast Los Angeles County one-stop and tap into their years of experience. This will provide an untapped source of training funds for Santa Ana businesses which will be promoted and coordinated as part of our business services program which will simplify the process as far as the employer is concerned so they can concentrate on their business and leave the training and paperwork to others. Partnerships and collaborations with additional educational agencies will be strengthened during the next year too as efforts are implemented fo market and promote these services fo a wider range of businesses in Santa Ana and the surrounding area. Additionally life-long learning efforts will continue to focus on youth too, particularly out-of-school youth. The WIB/Youfh Council recognizes that youth are the future employees of our businesses and they strive to work with their partners to provide new models of alternative education leading to employment, which is a demand driven business model that will place youth in the workforce pipeline with the right skills. One new program !n Santa Ana is for foster youth who are being served by a 75% special grant for areas with high concentration of eligible youth. Data showed that foster youth were being underserved in Santa Ana so this program was developed to better meet the needs of those foster/emancipated youth who need additional services fo get on their feed after aging out of the foster care system. A partnership/collaboration fostered and developed with the Orangewood Children's Foundation to ensure foster youth are referred to and using the one-stop and the services it provides. Additionally the WIB will continue to support the Chamber of Commerce and Santa Ana Unified School District's new "High School Inc" which is currently under construction where it will become part of "Valley High School" once renovation is completed in the next year or so. "High School Inc." is a perfect example of a business demand driven model where partners will provide relevant education for youth, which FWIAD05-19D Page 6 of 8 6/06 19D-15 will prepare Them to enter the workforce with the exact skills required by businesses. Once implemented, it is expected to become a national model. C. Additional Required Elements -The following elements were not included in the InitiallSupplemental Planning Narrative or the one-year extension for Program Year 2005-06, but are required in Local Plans. 1. How will your Local Board ensure continuous improvement of eligible providers of services through the system and ensure that such providers meet the employment needs of local employers and participants? [WIA Section 118(b)(2)(A)] A Vocational Training report card is already in place for eligible training providers and is used by case managers when a customer is considering (raining. This is updated regularly so it is always current. Placement outcomes are used to determine if They are performing and meeting employers' needs. Only occupations listed on the Demand Occupation List are allowable for training of WIA customers. All programs and services are monitored both fiscally and programmatically each year and technical assistance is provided as needed. Programs not meeting the qualifications are eliminated. The one-stop and youth providers are all competitively procured and evaluated annually to determine performance. Those not performing up to standards are not refunded. New program operators are regularly added to ensure the widest possible range of services fo engage Santa Ana's young people. Additionally, monthly meetings are held with both the youth program operators and the Youth Council where performance is continually reviewed. 2. If your Local Board has entered into an agreement with another area (including another Local Board that is a city or county within the same labor market) to pay or share the cost of educating, training, or placing individuals participating in programs assisted under Title I of WIA, including provision of supportive services, provide copy of your approved agreement. [WIA Section 195(3)(8)] Santa Ana and Anaheim WIBs received a joint 15% grant (Santa Ana is the fiscal agent) to provide training and placement services to 125 adults and displaced workers from the manufacturing sector. A copy of the agreement is included. Also Santa Ana, Anaheim and Orange County WIBs will be entering into a joint agreement to serve recently separated veterans with Orange County acting as the fiscal agent. A copy of the contract will be attached if it is available. FWIAD05-19D Page 7 of 8 6/06 19D-16 3. Is your Local Board providing training services that are made as exceptions to the Individual Training Account process? If so, describe the process you used to procure and justify these exceptions. This process must include a 30-day public comment period for interested providers. [20 CFR Sections 661.350(a)(5) and (10) and 20 CFR Section 663.430(a)] N/A 4. Priority of Service -What local policies and strategies are in place to ensure that, pursuant to the Jobs for Veterans Act (P.L.107-288)(38 USC 4215), priority of service is provided to veterans (and certain spouses) who otherwise meet the eligibility requirements for all employment and training programs funded by the Department of Labor, in accordance with the provisions of TEGL 5-03 (9116/031)? Include in your discussion how this policy is shared with all of the One-Stop Career Center partners and if/how you conduct outreach to veterans and veteran organizations to encourage use of One-Stop Career Center services. Santa Ana's "Priority of Services" policy was modified and finalized in March 2005 fo include veterans and certain spouses in accordance with TEGL 5-03 and distributed to all one-stop center staff. The one-stop in Santa Ana houses three EDD veteran representatives who take the lead on serving qualified veterans and certain spouses, which enables them to receive services quickly. Outreach to veterans occurs on a regular basis and there is daily collaboration between case managers and vet reps. A new grant which focuses on recently separated veterans will be jointly implemented by Santa Ana, Anaheim and Orange County WIBs/one-stops in PY06-07. Those contracts are currently being drawn up. FWIAD05-190 Page 8 of 8 6/06 190-17 19D-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING THE BULLETPROOF VEST PARTNERSHIP GRANT ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"~ Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an appropriation adjustment accepting the Department of Justice, Office of Justice Planning Bulletproof Vest Program grant award in the amount of $16,367 into the Police Department's General Fund Expense Reimbursement revenue account (account no. 011-O1-5621-331) and appropriating the same into the Police Department's Property and Evidence Division's Operating Materials & Supplies account (account no. 011-343- 6391) . DISCUSSION The United States Department of Justice, Office of Justice Planning has awarded the Santa Ana Police Department a 2006 Bulletproof Vest Program grant. The Bulletproof Vest Partnership Grant will facilitate the City's ability to purchase armor vests for police officers by providing the City with a 50 percent reimbursement for each vest purchased. For 2006, the total reimbursement amount is $16,367. FISCAL IMPACT The appropriation adjustment will enhance the Police Department's Expense Reimbursement revenue account (account no. 011-01-5621-331) by an amount of $16,367 and the expenditure appropriation for Police Department's Property & Evidence Division's Operating Materials & Supplies Account (account no. Olt-343-6391). APPROVED AS TO FUNDS AND ACCOUNTS: ~..t.,tr-~'-" Paul M. Walters Chief of Police Police Department Francisco Gutierrez r Executive Director Finance & Mgmt. Services Agency 20A-1 20A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE CONTRACTS RENEWAL FOR VEHICLE TIRES (SPEC. NO. 04-075) CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contracts for vehicle tires for a 12-month period in the following annual amounts not to exceed: Vendor: Location: Amount: Scher Tire, Inc. Riverside $90,000 Parkhouse Tire, Inc. Santa Ana $70,000 DISCUSSION The Finance and Management Services Agency's Fleet Maintenance Division is responsible for the repair and maintenance of the City's vehicles. Worn tires must be replaced regularly to ensure safety and efficiency. The various City vehicles utilize a large variety of tires. These contracts will provide for all vehicles within the fleet. On June 21, 2004, the City Council awarded contracts for a one-year period, with provision for two, one-year renewals. Scher Tire and Parkhouse Tire have agreed to renew the contracts, however, both have requested price increases of 39% and 33% respectively. Scher Tire, the main supplier of the City's Goodyear tires, has requested only minimum increase over the past 10 years. Parkhouse Tire supplies our Firestone line and our recapped tires. These increases are due to the increase in petroleum prices and raw materials. The recommended vendors have performed satisfactorily during the past contract period. Staff recommends the final renewal of the contracts. 22A-1 Contracts Renewal for Vehicle Tires October 2, 2006 Page 2 FISCAL IMPACT Funds .are available in the Equipment Maintenance Garage Operation Operating Materials & Supplies accounts (account no. 75-111-6391). QQC~4~tl~c .~~~ Francisco Gutierrez Executive Director Finance and Management Services Agency ~ EJA/KM/04-075RF.2:uc ` 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: CONTRACT RENEWAL FOR LOW VOLTAGE BATTERIES (SPEC. NO. 04-090) CI Y ANAGER 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 Renew the contract with Jeyco Products, Inc. for the purchase of low voltage batteries as needed for a one-year period in the annual amount not to exceed $15,192. DISCUSSION The Finance and Management Services Agency's Central Stores Section stocks low voltage batteries for use by City agencies. Low voltage batteries are primarily used for flashlights, pagers, and small electronic equipment. The contract for low voltage batteries is designed to provide quality products at significant savings based on quantity pricing. On September 7, 2004, the City Council awarded a contract to Jeyco Products, Inc., for a two-year period, with provision for two, one-year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. As a result, staff recommends the second renewal of the contract. FISCAL IMPACT Funds are available in the Stores Inventory account (account no. 75-01- 1131), and are charged back to the user departments as the items are issued. Francisco Gutierrez Executive Director Finance and Management Services Agency FG/SH/04-090R2.2:uc 22B-1 22B-2 REQUEST FOR COUNCIL ACTION CITY CbUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: CONTRACT AMENDMENT FOR CITYWIDE PRINTING (SPEC.. NO. 05-064) ~-- CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Amend the contract for the purchase of printing services for a two-year period by including Sir Speedy as a print vendor for the annual amount not to exceed $30,000. DISCUSSION On June 6, 2005, the City Council awarded contracts to a variety of local vendors for printing services. The list of vendors is utilized as a basis to obtain competitive quotes for print services. At times, staff utilizes vendors not identified to ensure competitive market pricing for services that are required by agencies. The City's printing requirements include business cards, payroll checks, embossed City letterhead and certificates, multiple business forms, envelopes, and annual financial reports as well as four-process color brochures and folders. All printing is assigned on a per-job basis after being competitively bid. Recently, staff has worked with Sir Speedy, a Santa Ana vendor, for a wide range of print options and has found the pricing very competitive. Therefore, staff recommends adding Sir Speedy to the list of printing services contracts. FISCAL IMPACT Funds are available in the various departmental Operating Supplies account (object code 6391). The amounts of the estimated, as the actual expenditures will depend upon the throughout the annual period. ~~T~-~cFrancisco Gutierrez Executive Director Finance and Management Services Agency:tN 1~ FG/KM/05-064A.2:uc 2 2 C ~~ Materials and contracts are requirements 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: CONTRACTS AWARD FOR PAINT AND SUPPLIES (SPEC. NO. 06-125) _i CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award contracts for paint and supplies for a one-year period, with provision for four, one-year renewals in the annual amounts as follows: Categories: Bidder: Location: Amount: A Northtown Company Huntington Beach $ 5,000 Shamrock Supply Co. Santa Ana $ 2,000 B, C Vista Paint Corp. Fullerton $35,000 Dunn Edwards Anaheim $10,000 D Kathco Products Commerce $ 3,700 Shamrock Supply Co. Santa Ana $ 2,000 E Shamrock Supply Co. Santa Ana $ 2,100 Kathco Products Commerce $ 2,000 F Vista Paint Corp Fullerton $15,000 ICJ Paints Santa Ana 5,000 DISCUSSION In order to perform general maintenance, various City departments require an assortment of interior and exterior paints and supplies such as brushes, rollers, and masking tape. In addition, the Public Works Agency requires industrial and traffic paints for graffiti abatement, fire hydrants, curbs, crosswalks, and lane markings. The materials are purchased through the Central Stores warehouse for distribution as needed. The contracts for the supplies are designed to provide quality products at significant savings based on quantity pricing. To help ensure that necessary items are available when required, staff recommends awarding contracts to multiple vendors. Staff will continue to select the vendor offering the item needed at the lowest cost. 22D-1 Contracts Award for Paint and Supplies October 2, 2006 Page 2 The notice inviting bids was advertised on August 9 and 11, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 18 Invitations For Bid mailed 5 Invitations For Bid mailed to Santa Ana vendors 9 Bids received 3 Bids received from Santa Ana vendors Bids were received, opened on August 29, 2006, and evaluated. The bids were evaluated by individual product categories. Bids received from Vista Paint Corporation, Northtown Company, Dunn Edwards, Kathco Products, Shamrock Supply Company, a Santa Ana Vendor, and ICJ Paints, also a Santa Ana vendor, are responsive to the specifications and meet the City's requirements in their respective categories. FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391). ~1 ~V,~~ ~~~1`~~ ~ !(Francisco Gutierrez Executive Director Finance and Management Services Agency ~ FG/WO/06-125.2:uc 22D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: CONTRACT AWARD FOR GATE OPERATORS (SPEC, NO. 06-131) CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Vortex Industries, Inc. for gate operators in an amount not to exceed $15,000. DISCUSSION To secure access to the Corporation Yard, vehicle entrances are controlled by mechanically operated gates. Left unsecured, the area is susceptible to access by unauthorized personnel and theft. The existing gate controllers are obsolete and replacement parts are unavailable. The contract will provide for the replacement of the gate controllers and quarterly preventative maintenance. The notice inviting bids was advertised on August 25 and 28, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 10 Invitations For Bid mailed 2 Bids mailed to Santa Ana vendors 1 Bid received 1 Bid received from a Santa Ana Vendor Bids were received and opened on September 18, 2006. The bid received from Vortex Industries, Inc., a Santa Ana vendor, is responsive to the specification and meets the City's requirements. To allow for unanticipated requirements, a contingency of approximately 12' percent has been included in the award amount. 22E-1 Contract Award for Gate Operators October 2 2006 Page 2 FISCAL IMPACT Funds are available in the City Yard Operations, Improvements Other Than Building account (account no. 85-107-6631). Francisco Gutierrez Executive Director Finance and Management Services Agency J FG/BP/06-131.2:uc 22E-2 REQUEST FOR. COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: CONTRACT AWARD FOR SUNDRY FOOD, AND PAPER GOODS (SPEC. NO. 06-132) CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 152 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Smart & Final for sundry food and paper goods for a five-year period in an annual amount not to exceed $70,000. DISCUSSION Various City agencies purchase and provide snacks and refreshments for participants of City-sponsored events. The Parks, Recreation and Community Services Agency coordinates various youth guidance programs including teen mentoring, summer day camp, and the "Triangle Kids Zone" after school program. The Santa Ana Library provides treat bags to participants in its reading incentive program. The Police Department also purchases miscellaneous sanitary and paper goods for storage of evidence. Bids were solicited from several local vendors for supply of these items using material releases or purchase orders and no bids were received. Staff contacted several vendors who indicated that they do not accept payment via purchase orders or material releases. Only Smart & Final, a Santa Ana vendor, facilitates a City purchases by accepting material releases and purchase orders. Therefore, staff recommends an award. 22F-1 Contract Award for Sundry Food, and Paper Goods October 2, 2006 Page 2 FISCAL IMPACT Funds for the first nine months of the contract are available in the various FY 2006-2007 departmental accounts under Office Supplies and Operating Materials & Supplies (object codes 6311 and 6391). Funds for the duration of the contract will be included in the proposed budgets in subsequent fiscal years. /' K-rC- -~iG` `~~~(/ Gerardo Mouet Executive Direct r Parks, Rec. & Comm. Svcs. Agency APPROVED AS TO FUNDS AND ACCOUNTS: i ~cFrancisco Gutierrez Executive Director Finance & Mgmt. Services Agency~r J ~~-`` ~ ~" v~. Pain. M. Walters Chief of Police GM/PMW/WO/06-132.87:uc 22F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: CONTRACT AWARD FOR VARIABLE SPEED DIGITAL PUMP DRIVES (SPEC. NO. 06-133) C Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Irvine Pipe & Supply, Inc. for the purchase of variable speed digital pump drives in the amount of $12,437. DISCUSSION The Public Works Agency's Water Resources Division uses chlorine generation units to treat water pumped from most of the City's wells and pump stations. The existing pump drives in the chlorine generation units operate with low efficiency and need to be replaced in order to maintain system reliability. Once installed, the variable speed digital pump drives will .improve the accuracy of the chlorine generation units and the operating efficiency of the City's water production system. The notice inviting bids was advertised on August 25 and 28, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 21 Invitations For Bid mailed 6 Invitations For Bid mailed to Santa Ana vendors 1 Bid received 1 Bid received from a Santa Ana vendor Bids were received, opened on September 12, 2006, and evaluated. The bid received from Irvine Pipe & Supply, Inc., a Santa Ana vendor, is responsive to the specifications and meets the City's requirements. 22G-1 Contract Award for Variable Speed Digital Pump Drives October 2, 2006 Page 2 FISCAL IMPACT Funds are available in the Water Utility Water Production & Supply Operating Materials & Supplies account (account no. 64-574-6391). APPROVED AS TO FUNDS AND ACCOUNTS: es G. Ross aj'~Francisco Gutierrez cutive Director Executive Director j~ lic Works Agency Finance & Mgmt. Services Agency ~'" JGR/WO/06-133.9:uc 22G-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: CONTRACT AWARD FOR PASSENGER-CARGO VAN (SPEC. NO. 06-137) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Moss Bros. Dodge Riverside, under the Cooperative Purchase Provision of the City of Los Angeles, for the purchase of one passenger-cargo van in the amount of 18,296.08; and increase the aggregate limit for miscellaneous parts in an amount not to exceed $20,000 annually. DISCUSSION The Fleet Maintenance Division's annual Equipment Replacement Program is included in the City's annual budget, and identifies vehicles scheduled for replacement. Funding is monitored through a depreciation schedule established with each department. Additionally, the Fleet Division reviews the acquisition in accordance with the City's Hybrid and Alternative Fuel Vehicle Acquisition Policy. Currently, hybrid vehicles are not manufactured in the passenger van category. The Information Services (IS) Division of the Finance and Management Services Agency oversees the purchase and installation of the City's computers and printers. Beside City Hall and the Ross Annex building, computer projects are conducted in all the additional City buildings including The Corporate Yard facility, the Library, The Depot and the Parks, Recreation and Community Service offices on Santa Ana Boulevard. Currently, IS utilizes a surplus City vehicle to carry computer technicians and provide the safe transport of computer equipment. The recommended purchase will replace the surplus City vehicle. Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The City of Los Angeles' contract with Moss Bros. Dodge Riverside for Dodge Caravans was awarded as a result of open, competitive bidding, and meets the City's requirements. 22H-1 Contract Award for Passenger-Cargo Van August 21, 2006 Page 2 Moss Bros. Dodge Riverside provides for the purchase of miscellaneous Dodge vehicle parts as required. The purchase of the passenger-cargo van, when combined with previous purchases by Fleet Services during the current fiscal year, exceeds the $10,000 aggregate limit. In order to facilitate future purchases, staff recommends an increase to the aggregate amount. FISCAL IMPACT Funds are available in the Finance & Management Services Communication Services Machinery & Equipment account (account no. 102-171-6641) for $18,296.08; and Equipment Maintenance Garage Operation Material & Supplies account (account no. 75-111-6391) in the amount of $10,000. ~kFrancisco Gutierr^^eZ~~..»~- Executive Director Finance and Management Services Agency FG/KM/06-137.2:uc 22H-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: CONTRACT AWARD FOR HYBRID MIDSIZE VEHICLE (SPEC. NO. 06-145) CITY ANA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Wondries Fleet Group, under the Cooperative Purchase Provision of Los Angeles County, for the purchase of one hybrid midsize vehicle in the amount of $28,195.08. DISCUSSION The Fleet Maintenance Division's annual Equipment Replacement Program is included in the City's annual budget and identifies vehicles scheduled for replacement. Funding is monitored through a depreciation schedule established with each department. Additionally, the Fleet Division reviews the acquisition in accordance with the City's Hybrid and Alternative Fuel Vehicle Acquisition Policy. Currently, hybrid vehicles are available in the midsize passenger vehicle category. Various City departments utilize four-door passenger sedans to perform routine business. The Parks, Recreations and Community Services Agency uses a midsize vehicle to transport the Park/Landscape Design Manager, including staff and blueprints, to the various Parks for site inspections. Due to age, condition and mileage over 100,000 miles, one 1999 Chevrolet Lumina has been approved for replacement in the current fiscal year. The purchase of a Toyota Camry hybrid sedan conforms with the criteria established for the acquisition of hybrid vehicles. Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The County of Los Angeles contract with Wondries Fleet Group for a Toyota Camry Hybrid was awarded as a result of open, competitive bidding, and meets the City's requirements. 221-1 Contract Award for Hybrid Midsize Vehicle October 2, 2006 Page 2 FISCAL IMPACT Funds are available in the Equipment Replacement Machinery & Equipment account (account no. 76-145-6641). Francisco Gutierrez Executive Director Finance and Management Services Agency FG/KM/06-145.2:uc 221-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 2, 2006 TITLE: CONTRACT AWARD FOR BACKHOE LOADER TRACTOR (SPEC. N0. 06-146) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CI Y MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Award a contract to Coastline Equipment, under the Cooperative Purchase Provision of the City of Los Angeles, for the purchase of one backhoe loader tractor in the amount of $85,548.11; and increase the aggregate limit for miscellaneous equipment parts and repairs in an amount not to exceed $20,000 annually. DISCUSSION The Fleet Maintenance Division's annual Equipment Replacement Program is included in the City's annual budget and identifies vehicles scheduled for replacement. Funding is monitored through a depreciation schedule established with each department. Additionally, the Fleet Division reviews the acquisition in accordance with the City's Hybrid and Alternative Fuel Vehicle Acquisition Policy. Currently, hybrid vehicles are not available in the heavy-duty tractor category. The Public Works Agency's Water Maintenance Division has been charged with replacing water valves, fire hydrants and water services within the City. Due to its age, worn condition and engine hours, a 1996 John Deere backhoe has been approved for replacement in the current fiscal year. Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The City of Los Angeles contract with Coastline Equipment for a John Deere backhoe loader tractor was awarded as a result of open, competitive bidding, and meets the City's requirements. Coastline Equipment provides miscellaneous equipment parts and repairs as required. The purchase of the backhoe loader tractor, when combined with the previous purchases by Fleet Services during the current fiscal year exceeds the $10,000 aggregate limit. In order to facilitate future purchases, staff recommends an increase to the aggregate amount. 22J-1 Contract Award for Backhoe Loader Tractor October 2, 2006 Page 2 FISCAL IMPACT Funds are available in the Equipment Replacement Machinery & Equipment account (account no. 76-145-6641) for $85,548.11; and Equipment Maintenance Garage Operation Operating Material & Supplies account (account no. 75-111- 6391) in the amount of $10,000. l~C1CR~` a $ J1~~~ Francisco Gutierrez Executive Director Finance and Management Services Agency FG/KM/06-146.2:uc 22J-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: PAYMENT AUTHORIZATION FOR DOOR REPAIR SERVICE (SPEC.. NO. 06-148) r CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize payment to Commercial Door Repair of Orange County for door repair service in the amount not to exceed $30,000. DISCUSSION The City establishes an annual blanket order list consisting of vendors that provide supplies and services that are required by agencies on a consistent basis. Door repair services are required at times by all City departments for maintaining and repairing doors at various City facilities Bids were solicited and a new contract has been awarded to Vortex Industries, Inc. for this service. During the solicitation process, Commercial Door of Orange County continued to provide uninterrupted service to the City. The amendment will allow for final payment of outstanding invoices of the previous contract. FISCAL IMPACT Funds are available in the various departmental Maintenance & Buildings & Grounds accounts (object code 6261). ~~.oh ~~ Francisco Gutierrez ~' xecutive Director .~ Finance and Management Services Agency ':4 J FG/BP/06-148PA-A.2:uc Repair of 22K-1 22K-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 21, 2006 TITLE: ENTER INTO AGREEMENTS FOR PROMOTIONS IN THE DOWNTOWN APPROVED ^ s Recommended [~ As Amended ^ Ordinance on 1g' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ -. CITY MANAGER RECOMMENDED ACTION CONTINUED TO ~" S ~~t0 ; `1-I~ "d ~O~ ~a-z-orp FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with La Calle Cuatro de Santa Ana Association in an amount not to exceed $84, 240 for promotions and marketing efforts in the Downtown. # 2. Approved at the August 21, 2006 City Council Meeting. DISCUSSION On November 21, 2005, the City Council approved the 2005 Annual Report and the 2006 Budget for the Downtown Santa Ana Business Improvement District (BID). A portion of the approved budget included Downtown promotion and marketing activities totaling $162,000, of which $84,240 was allocated to La Ca11e Cuatro de Santa Ana Association and $77,760 was allocated to the Downtown Santa Ana Business Council. In June 2006, meetings were held with representatives from the La Ca11e Cuatro de Santa Ana Association ("LACCSA"), the Downtown Santa Ana Business Council ("DSABC"), and City staff to discuss the status of the 2005 BID promotion and marketing funds and the 2006 promotion and marketing funds that were previously approved by the City Council. Based on the information provided,`LACCSA has expended its 2005 promotions and marketing funds on the various items outlined in its 2005 Budget, Exhibit A. The DSABC has completed approximately thirty percent of the items outlined in its 2005 Marketing Plan, Exhibit B. Both associations have made significant progress in promoting the Downtown area; and over the last year, events have increased in size and attendance. 25A-1 Enter into Agreements for Promotions in the Downtown August 21, 2006 Page 2 The Downtown Santa Ana Business Council and La Calle Cuatro de Santa Ana Association have submitted marketing plans for the use of the 2006 Downtown Business Improvement District promotions funds and have requested that the City enter into agreements with them. Copies of the LACCSA and the DSABC 2006 Marketing Plans have been attached as Exhibit C and D respectively. The agreements will detail the respective promotional/marketing programs with appropriate financial oversight by City staff. Staff recommends that the City approve both Agreements allowing the LACCSA and the DSABC to continue with their promotional/marketing plans. FISCAL IMPACT Funds are available for these Agreements in the Business Improvement District Operations Other Contractual Services Account (account no. 93- 013-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~~~ Stephen G. H ding Deputy City Manager for Development Services ~~mr~1 ~„ _~ Francisco Gutierrez ~,,J Executive Director Finance & Management Services Agency SGH/WRM/mlr H:\ACTIONS\2006 CC\AgreePromotions - DT 8-21-06.doc 25A-2 R.O C~A Ctl~Ohq td@ St>I~i1O /alb A! OCIQf~Ofl 11'tC Budget 2005 Promotions • Wod Page • Banners- For Events In be displayed • Nevrspapc~r armount~rnents - Adverb 3ant:nt • Radio c~mcxcials • Counsaltant end Cantrart nwicws • Musicians /artists / performers • Ai}er Thanksgiving Sale - iranness, a, tvertiscment, clc. • Santa Sunday - Navidad en 1a Calla t uatro cvtxit, mus ;toys, snow • Evenl expenses - I.ittcr Ikposlt, Met er Fees peposit, p ct-a-potties, permit fcc, etc, • Newsletter • Other Spoeaal Events • Administi~tivc & Operating Costs. Marketing • l~uec:tory of businesse,: • Sponsorship PackaBa • Marketing materials • Conferenec cacpeas~ 1 networking sa unars • Printing «~ssts Ccrosultsnt and Contrail reviews • Seminar /courses • Other Markt.~ing Methods Fundraiser • Networking /Auctions -seminar cost items to bc3 auc~ Heil, exc. • Catering , confet~encc rooms, musiCi~ ~ • Adveriisment, publicity expense • Printing Materials • Consltant & Adrninistrativc.Costs • Other Fundraising metlxxls Exhibit A 25A-3 DOWNTOWN SANTA ANA BUSINESS COUNCIL June 15, 2005 Miguel A. Pulido, Mayor City of Santa Ana 20 Civic Center Plaza Post Office Box 1988 Santa Ana, CA 92702 RE Business Improvement District Dear Miguel: BID Budget A v' o y Boards We hereby formally ask the City Council to recognize and appoint the Downtown Santa Ana Business Cound as the BID Advisory Board, anon-profit organization representing the interest of the Downtown Restaurant Association, the Artists Pillage Neighborhood Association, the Loft Neighborhood Assodation, and other Retail and Professional services within the geographic area commonly referred to as Zone B (representing 48% of the BID funds). Downtown Santa Ana Business Couna7 Promotions and Maxlzeting Plan (~oosg~) -Budget 567,975.67 1- Create a professional handout MAP with all galleries/restaurants/attractions 2-Utilize and update current website"aplaceforart.org"- possibly change site so each gallery and businesses can update their awn info 3- Create new "branding"/ logo for the artists village/restaurant association 4 Research signage improvement- create a way to recognize/ define the boundaries of the artists village and restaurant corridor (4a and Birch down Broadway to 2°d Street) (i.e. have all the street signs in a distinguished color or funky frames); update current banners S- Initiate a public art program and try to get public art installations ("Sanha Ana Salon" contest) 6- Fund neighborhood block party (like Wilshire Square and other neighborhoods associations) 7- Initiate a 2°d monthly event that focuses on music 8- Research cross-promotion with the Long Beach art walk 9- Seed money to create self-funded events (jazz Festival) 10- Create Downtown Restaurant collateral piece and distribute to area neighborhoods 11. General advertisement in local publications Amendment to the 2005 A~~roved BID O~xnenses /Budget The Downtown Santa Ana Business Council respectfiilly requests that the City Couna7 amend the 2005 budget in the following wa}*_ Reallocate the "Maintenance d litter Enhancement Downtown lighting'' line item of $52.500 as well as the `BID Consultant's item of $15,000 totalin $67,500 be bo the general BID promotions and marketing fund. Exhibit 6 2 5A-4 Thank you for your consideration. -2- June 15, 2005 Sincerely Gam` Downtown Santa Ana Business Coundl Bob Stewart, President cc: City Council Members David Ream, City Manager City Clerk Patrida Whitaker, Executive Director William R Mavis Exhibit B 25A-5 LA CALLS CUATRO DE SANTA ANA ASSOCTION INC. Budget 2006 Promotions * Up-date web page and increase membership info. * Advertisement -Special Events * Radio Comercials -Special Events * Cable -Production of Commercial and Airtime * Hire Musicians /Artists /Performance * Banners for Special Events * Santa Sunday -Purchase toys, * City Costs -Special Events Permits, SAPD costs, Code Enforcement, SAFD costs * Business License Fees * Newsletter -Printing, Distribution and Mailing costs * Administration & Operational Costs. * Promotional -Tree lighting of the Downtown. * Other Promtional items and programs. Iv~k~~ing * Business Directory. * Advertisement of the Downtown in Popular Magazines * Marketing Materials * Conference Expenses /networking Seminars * Printing, coping costs, graphics and layouts. * Consultants and Contract reviews * Seminar /Courses * Other Marketing Methods and expenses. F ndr i er * Networking /Auctions -seminar cost * Catering, conference rooms, mucisicans * Advertisement, publicity expense * Printing Materials * Consultant & Administrative Costs * Other Fundraising Methods Exhibit C 25A-6 Downtown Santa Ana Business Council Budget for 2006/07 Starting balance Subscriptions: Chamber, newsletters, periodicals Paperwork filings: IRS, state, local (business license) Insurance: Director coverage + 4 major events Art Grant/patronage: 2 annual prizes based on criteria Contracted persons: legal, accounting, web Events Committee: 4 public events Marketing Committee: advertising, printing City & Outreach Committee: postage, website design & maintenance Exhibit D 25A-7 25A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: AMEND AGREEMENT FOR GEOGRAPHIC INFORMATION SYSTEM SOFTWARE MAINTENANCE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to amend the agreement with Environmental Systems Research Institute, Inc. for the annual maintenance and support of the Police Department's geographic information system software in an amount not to exceed $15,000. DISCUSSION The Police Department currently uses Environmental Systems Research Institute, Inc. (ESRI) software products for visualizing, analyzing, creating, and managing data in a geographic component. The Crime Research Section uses the software products to map, track, and analyze crime patterns in the city. Staff recommends amending the agreement to extend the maintenance and support of the software for an additional one-year period. FISCAL IMPACT Funds are available in the Police Department's Computer Services Other Contractual Services Account (account no. 11-338-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department ~ ~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25B-1 25B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: AGREEMENT WITH LEXIPOL, LLC FOR CONSULTING SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to enter into an agreement with Lexipol, LLC to provide consulting services in an amount not to exceed $15,000. DISCUSSION The Police Department recommends entering into an agreement with Lexipol, LLC to provide consulting services in the development and administration of police department policies and procedures. Lexipol provides law enforcement agencies with the tools and information to adapt to changing demands on the community, increased risk to officers in the field, jail, and post incident liability. Lexipol provides a consistent, integrated software program of risk management designed to constantly update to reflect the changing precedent setting court decisions, legislation, best practice, and new issues unique to the needs of law enforcement. FISCAL IMPACT Funds are available in the Police Department Patrol Services and Detention Services Other Contractual Services accounts (account nos. 11-337-6291 and 11-349-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25C-1 25C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2,2006 TITLE: AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES WITH HARPER AND ASSOCIATES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Harper and Associates extending the contract term through March 30, 2008 and increasing the contract amount by $4,000 for a total not to exceed cost of $60,880. This agreement is for the seismic retrofit and exterior coating design of the East and West Reservoirs. DISCUSSION On April 19, 2004, City Council approved an agreement with Harper and Associates in the amount of $56,880 for the seismic retrofit and exterior coating design of the City's East and West Reservoirs (Exhibit 1). In September 2005, the City received a grant from the Federal Environmental Protection Agency (E.P.A.) in the amount of $384,900, which is 550 of the estimated construction cost for these improvements. The final design has been on hold pending the E.P.A.'s review and environmental study of the project sites. All documentation has now been completed and staff anticipates final approval from the E.P.A. within the next 60 days. There are some revisions and modifications to the plans and specifications that will need to be incorporated into the final design. Staff recommends that Harper and Associates' design contract be increased by $4,000 to provide for these design changes. This will bring the total not to exceed contract amount to $60,880. 25D-1 AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES WITH HARPER AND ASSOCIATES Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Water Enterprise Capital Construction Fund (account no. 66-579-6635). Jame~t G. Ross Exe tive Director Pu is Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director ~~~! Finance & Mgmt. Services Agency 25D-2 25D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: AGREEMENT WITH ANN CHRISTOPH ARCHITECTURAL AND LANDSCAPING DESIGN SERVICES CLERK OF COUNCIL USE ONLY: APPROVED FOR ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CI 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 Ann Christoph for architectural and landscaping design services for the Tierra de las Pampas Exhibit at the Santa Ana Zoo at Prentice Park in an amount not to exceed $92,000. DISCUSSION The Santa Ana Zoo at Prentice Park Master Development Plan was adopted by City Council in 1990. The plan's Statement of Purpose is to provide a public zoological garden dedicated to wildlife, environmental education and conservation of endangered species. The Neotropical zoogeographic region, which includes the southern most tip of Mexico, and all of Central and South America, was chosen to serve as the main theme because of it's diversity in habitat and wildlife. The "Tierra de las Pampas" exhibit will be a 2-acre site occupying the Zoo's northwestern corner. It will represent the Grasslands biome, one of four major biomes (forests, wetlands, grasslands and deserts) to be represented at the Zoo, in alignment with the Master Plan's vision. Phase I of the "Tierra de Las Pampas" will include two new multi-species exhibit areas. The exhibit will house the existing Greater Rheas (large flightless birds native to South America) and existing Guanacos (an Andean camelaid and wild relative of the llama), and a new exhibit to house a Giant Anteater. It will also include walkways with raised viewing outlooks equipped with telescopes, education nodes for school groups and organized classes, interpretive graphics and interactive elements. Design of this exhibit will require the services of a qualified architect. These services include planning of the facilities, preparation of construction documents, and construction support. Staff has solicited proposals for these services. Qualified firms were 25E-1 Agreement with Ann Christoph for Design Services October 2, 2006 Page 2 contacted and two firms submitted proposals. Staff members from the Public Works Agency and the Parks, Recreation and Community Services Agency evaluated the proposals. Each firm was rated according to its qualifications, past experience and capacity to perform the required work. Based on the proposals submitted, the ratings for the firms are as follows: FIRM 1. Ann Christoph 2. RJM Design Group The fee rate schedules for consistent, reasonable and in experience of key personnel, it is recommended that the required services. ENVIRONMENTAL IMPACT In accordance with project has been prepared Negative FISCAL IMPACT RATING 83 81 these firms were compared. The rates are line with staff's estimate. Because of the client satisfaction and competitive rates, firm of Ann Christoph be retained for the the California Environmental Quality Act, the proposed determined to be adequately evaluated in previously Declaration No. 2002-304. Funds are available in the Recreation Special Fees and Donations account (account no. 22-231-6631) and the General Fund Recreation Facilities Maintenance account (account no.11-260-6631). APPROVED AS TO FUNDS AND ACCOUNTS: Ja es G: doss E ecutive Director ublic Works Agency Gerardo Mouet " Executive Directo Parks, Rec. and C Svcs . Agency Francisco Gutierrez Executive Director Finance & Management Services Agency 25E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: AGREEMENT WITH JOHNSON-FRANK & ASSOCIATES FOR ON-CALL AERIAL MAPPING AND SURVEYING SERVICES C17Y MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare the Clerk of the Council to execute Associates, Inc. for as-needed aeria the amount not to exceed $200,000. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER and authorize the City Manager and an agreement with Johnson-Frank & 1 mapping and surveying services in Staff has solicited proposals for as-needed aerial mapping and surveying services. The aerial mapping is required for most street improvement projects to identify existing topography and general drainage patterns. The final aerial map serves as a base to engineering drawings. To develop the final design for a project, survey elevations are required to accurately record existing street elevations to assure that the proposed street grades and cross-sections are designed in conformance to City of Santa Ana's design standards. Staff requested proposals from qualified firms and three firms responded. One of the three proposals was deemed as non-responsive by staff and was therefore disqualified from further consideration. The Review Committee evaluated and rated the proposals submitted by the firms according to their qualifications, past experience and capacity to perform the required work. Based on the proposals submitted, the ratings for the firms are as follows: FIRM RATING 1. Johnson-Frank & Associates, Inc. 86 2. Huitt~Zollars 75 25F-1 Agreement for On-Call Aerial Mapping and Surveying Services October 2, 2006 Page 2 Based on their rating, staff recommends that the services of Johnson- Frank & Associates, Inc. be retained for a not-to-exceed amount of $200,000. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The proposed contract will have a limit of $200,000. Funds to pay for the aerial mapping and surveying services will be charged to the various projects in the Capital Improvement Program. r r' APPROVED AS TO FUNDS AND ACCOUNTS: ,~; ~" "~_. ~M M nom, n P .~ ~~1~1,,ri James Ross Francisco Gutierrez executive Director Executive Director ~,"` Public Works Agency Finance & Mgmt . Services Agen~~.~ 25F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: AGREEMENT EXTENSION FOR SHOPPING CART RETRIEVAL SERVICES G~ CITY MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement extension with Hernandez Cart Service, Inc. for citywide shopping cart retrieval services. The extension is for one year, with two additional one-year renewal options. There will be no additional contract increases over the 2-year period. The annual contract amount is not to exceed $84,000. DISCUSSION On July 3, 2006, the City Council extended the contract with Hernandez Cart Service, Inc. (HCSI) for an additional 3 months to retrieve unattended shopping carts throughout the City. HCSI is required to provide weekly retrieval logs, which include the number of carts returned to retailers with whom HCSI has separate contracts. Additionally, the amendment also includes the City's right to periodically audit the retrieval vehicles and their corresponding logs. During this time, the City Council has adopted on September 5th an ordinance to reduce the number of carts abandoned throughout the City. Since the agreement with HCSI expires on September 30, 2006, and HCSI has agreed to accept the existing terms and conditions at no additional cost, staff recommends that the contract be extended one year with two additional one-year renewal options. This option will allow the City to retain its ability to retrieve abandoned shopping carts until the new ordinance is fully implemented. Should it be determined that retrieval services are required to supplement staff's long-range plan, HCSI's services will already be retained for this effort. CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 25G-1 Agreement Extension for Shopping Cart Retrieval Services October 2, 2006 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Environmental Sanitation activity (account no. 68-632-6291}. APPROVED AS TO FUNDS AND ACCOUNTS: J mes R s ~E'rancisco Gutierrez xecutive Director ~ Executive Director Public Works Agency Finance & Management Services Agency 25G-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: ORDINANCE AMENDING CHAPTER 24 OF THE SANTA ANA MUNICIPAL CODE REGARDING PRIVATE SECURITY SERVICES .(i'~-=~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance amending Chapter 24 of the Santa Ana Municipal Code to comply with changes in State law and regulations regarding private security service. DISCUSSION As the City of Santa Ana is committed to continuous improvement and compliance with changing state laws, it is appropriate to review and update the City's regulation of private patrol services. The adoption of this ordinance will revise the language in Chapter 24 of the municipal code authorizing the City to impose local regulations upon street patrol service under Business and Professions (B&P) Code 7582.5. Such regulations include requiring the street patrol service to register with an agency to be designated by the City. Additionally, the City may refuse registration to any person of bad moral character and may impose reasonable additional requirements as deemed necessary to meet local needs. Under this amendment, the City may also impose local regulations upon any employee of a private patrol operator who is unable to furnish evidence of current registration pursuant to B&P Code 7582.5(f). FISCAL IMPACT There is no fiscal impact associated with this action. ti~~~-_ Paul M. Walters Chief of Police Police Department 50A-1 (PJC 3/21/06) ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 24 OF THE SANTA ANA MUNICIPAL CODE RELATING TO PRIVATE SECURITY SERVICES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Business and Professions Code § 7582.5 authorizes a city to impose local regulations upon any street patrol service. Such regulations include requiring the street patrol service to register with an agency to be designated by the city. In addition, a city may refuse registration to any person of bad moral character and may impose reasonable additional requirements as are necessary to meet local needs. B. A city may also impose local regulations upon any employee of a private patrol operator who is unable to furnish evidence of current registration pursuant to Business and Professions Code § 7582.5(f). C. Due to changes in the law and as part of the City's continuous improvement process, it is appropriate to review and update the City's regulation of private patrol services. Section 2. In accordance with the California Environmental Quality Act (CEQA), adoption of this ordinance does not meet the definition of a "project" under CEQA, as such, the proposed project is exempt from further review per Public Resources Code Section 21065. Section 3. Chapter 24, Sections 24-1 through 24-4 of the Santa Ana Municipal Code are hereby amended to -reade as follows (new language in bold, deleted language in strikeout for tracking purposes only): State Law References: Authority to regulate, see § 7582.53, Bus. and P. Code. Sec. 24-1. Definitions. Ordinance No. NS-XXX Page 1 of 7 50A-2 For the purpose of this chapter certain words and phrases shall be construed as follows, unless it is apparent from the context that a different meaning is intended: Patrol system and patrol service means any private service or private system which purports to furnish or does furnish to members or subscribers any watchman or guard, either uniformed or otherwise, to patrol any part of the territory of the city or to guard or watch any property, including guarding against theft, fire, or both, or to perform any service usually and customarily performed by the city police force. +r~~~e-any Sec. 24-2. Registration Required All private patrol operators providing patrol and/or standing guard service shall register their names and file with the Chief of Police a copy of their current state identification card, evidencing a license pursuant to Business and Professions Code Sections 7580 et seq. Only a business license application and fee shall be required for registration. ~l~--pe~se~ Sec. 24-3. Patrol and Standing Guard RegulationsSa~e--A;pi~ll~isa~ier~. a. Compliance with State Law All private patrol operators shall comply with applicable provisions of Business and Professions Code Section 7500 et seq., applicable provisions Ordinance No. NS-XXX Page 2 of 7 50A-3 of the Vehicle Code regarding vehicles used in private patrol operations, and applicable provisions of the Penal Code regarding the use and carrying of weapons. (b) Identification and Qualification Cards. Each private patrol operator shall carry his/her private patrol operator ID card issued by the State Department of Consumer Affairs and any firearm or baton qualification card on their person at all times while on duty as a private patrol operator. Each operator shall also file copies of any other pertinent identification cards, licenses, and/or certificates. . .. - - - --- -~ --~- --rr.._~.._~ _ ...... ......... ~ ~ ~ ~ ~ i -li i}hi h i ~nrenn~ roo e nn ui n } }ir }n o n ho i ~ooiJ ~ roforenno ~ ~ (c) Verbal ldentifcation. Upon confrontation with any unknown individual, a private patrol operator shall immediately identify himself or herself as a private guard or patrol operator. (d) Uniforms. A patrol officer shall not wear any uniform which is an imitation or can be mistaken for an official sheriff's uniform or an official police uniform of the police force of any city within the county or an official uniform of any state officer. (e) Cooperation with Law Enforcement. An operator shall cooperate fully with the Police Department to provide information regarding the time and location of street patrols and other pertinent information upon request. (f) Refusal, revocation or suspension of registration. When the chief of police finds that any person registering under the Ordinance No. NS-XXX Page 3 of 7 50A-4 provisions of this chapter is a person of bad moral character or has violated any of the provisions of this chapter, he may refuse, revoke or suspend registration. No such refusal, revocation or suspension shall become effective until the registrant has been notified in writing by certified mail of his right to appeal pursuant to the provisions of Chapter 3 of this Code. If a timely appeal is filed, the refusal, revocation or suspension shall be effective only upon final decision of the city council. Otherwise, the refusal, revocation or suspension shall become effective after the timely appeal period has expired. Sec. 24-4. Violation~m^--~^~~^c*~^~*~^~. It shall be unlawful and a misdemeanor for any person to operate as a private patrol operator providing patrol and/or standing guard service without Police Chief approval and compliance with this Chapter. Private patrol operators are regulated pursuant to Business and Professions Code Section 7580 et seq. To operate, business licenses must be continuously maintained and updated annually. Section 4. Sections 24-5 through 24-18 of the Santa Ana Municipal Code are hereby deleted in there entirety (existing language shown in strikeout for tracking purposes only): . . S~-=4-8. Sa+~e-~e~-d-r~afieA: Ordinance No. NS-XXX Page 4 of 7 50A-5 4ime ho ie ~hc hr~ ~ Iv IV lI 1V I IV 1 ~ lrlcr ~f SI Inh lincr+ IMVI Vi 1 ~ oo frr~m c. '.-1 .J' + f 1 I 1 I /~ 1 ' 1 I f 1 f I 1 ~+ TSriAT'fACJ-JLGZT I ~,.a., , ,~-~~s f I f Ordinance No. NS-XXX Page 5 of 7 50A-6 {-~9 _, > > •~ Ordinance No. NS-XXX Page 6 of 7 50A-7 Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS-XXX Page 7 of 7 50A-8 ADOPTED this day of 2005 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: (name) City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-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: Ordinance No. NS-XXX Page 8 of 7 Clerk of the Council City of Santa Ana 50A-9 50A-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: RESOLUTION AUTHORIZING PARTICIPATION IN THE STATE OF CALIFORNIA RIVER PARKWAYS GRANT PROGRAM CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the submittal of a grant application in the amount of $1,000,000 for the California River Parkways Grant Program for the Santa Ana River Enhancement Project. DISCUSSION The California River Parkways Grant Program was established under the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002. The program provides funds for recreational acquisition, restoration, protection and development of river parkways. Approximately $32.5 million is available to fund projects during this grant cycle. The Parks, Recreation and Community Services Agency is requesting authorization to submit a grant application in the amount of $1,000,000 for the enhancement of the five sites identified in the Santa Ana River Vision Plan. The sites to be improved as part of this project are: Edna Park, 17th Street Triangle, Fairview Triangle, McFadden Triangle, and Edinger Equestrian area. The proposed project will improve the sites by installing native landscaping, irrigation, and trail amenities such as bike racks, natural seating areas, and interpretive signage. FISCAL IMPACT There is no fiscal impact associated with this action. Gerardo Mouet 'f"'1~ Executive Direc or ` Parks, Recreation and Community Services Agency 55A-1 Qs/9/22/06) RESOLUTION RESOLUTION AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION IN THE AMOUNT OF $1,000,000 FOR THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM FOR THE SANTA ANA RIVER ENHANCEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The California River Parkways Grant Program was established under the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002. The program provides funds for recreational acquisition, restoration, protection and development of river parkways. 2. Approximately $32.5 million is available to fund projects during this grant cycle. 3. The Parks, Recreation and Community Services Agency is requesting authorization to submit a grant application in the amount of $1,000,000 for the enhancement of the five sites identified in the Santa Ana River Vision Plan. 4. The sites to be improved as part of this project are: Edna Park, 17tH Street Triangle, Fairview Triangle, McFadden Triangle, and Edinger Equestrian area. 5. The proposed project will improve the sites by installing native landscaping, irrigation, and trail amenities such as bike racks, natural seating areas, and interpretive signage. Section 2. The City Council hereby adopts this resolution authorizing the submittal of a grant application in the amount of $1,000,000 for the California River Parkways Grant program for the Santa Ana River Enhancement Project. Resolution No. 2006-XXX 55A-2 Page 1 of 3 Section 3. the City Council, this Resolution. This Resolution shall take effect immediately upon its adoption by and the Clerk of the Council shall attest to and certify the vote adopting ADOPTED this day of 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Senior Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Resolution No. 2006-XXX Page 2 of 3 55A-3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the attached Resolution No. 2006-XXX t Council of the City of Santa Ana on Date: Council, do hereby attest to and certify that the o be the original resolution adopted by the City Clerk of the Council City of Santa Ana 55A-4 Resolution No. 2006-XXX Page 3 of 3 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: RESOLUTION - DEPUTY CHIEF BRUCE R. CARLSON POLICE DEPARTMENT FITNESS CENTER CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution declaring the Santa Ana Police Department Facility's fitness center be named in honor of Deputy Chief Bruce R. Carlson. DISCUSSION The Chief of Police wishes to honor the memory of Deputy Chief Bruce R. Carlson for his thirty-three years of selfless dedication and service to the Police Department and the community. Deputy Chief Carlson, an avid weight lifter, was instrumental in establishing the department's fitness center for use by all city employees and the Department requests to dedicate the center in his name. Deputy Chief Carlson's love of sport lead him to coordinate the City's hosting of the 2002 California Police and Fire games to benefit local charities. Carlson's commitment to fitness as a way of life is an inspiration to all that serve the department. FISCAL IMPACT There is no fiscal impact associated with this action. 1 ~.1~.--- Paul M. Walters Chief of Police Police Department 55B-1 (P.C., 9/26/06) RESOLUTION A RESOLUTION APPROVING THE DECISION OF THE CHIEF OF POLICE, PAUL M. WALTERS, TO NAME THE POLICE FITNESS CENTER IN HONOR OF DEPUTY CHIEF BRUCE R. CARLSON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Deputy Chief Bruce R. Carlson spent 33 years as a dedicated employee with the Santa Ana Police Department and served the community with compassion and understanding. 1. Deputy Chief Carlson was instrumental in establishing a state of the art police fitness center for use by all city employees. 2. He was an avid weightlifter having won medals in the Police and Fire Olympics. 3. He coordinated the 2002 California Police and Fire Games to benefit local charities. 4. To acknowledge his commitment to fitness as a way of life and also as a tribute to his service to the department, the Chief of Police requests that the police fitness center be named in memory of Deputy Chief Bruce R. Carlson. Section 2. The City Council hereby approves the decision of the Chief of Police, Paul M. Walters, to name the police fitness center in honor of Deputy Chief Bruce R. Carlson. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2006. Miguel A. Pulido Mayor Resolution No. 2006-XXX 55B-2 Page 1 of 2 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Paula J. Coleman Assistant City Attorney AYES: NOES: Councilmembers 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 Resolution No. 2006-~;XX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2006-XXX Page 2 of 2 Clerk of the Council City of Santa Ana 55B-3 55B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: AMENDMENT APPLICATION NO. 2006-01 TO REZONE TWO PARCELS TO ALLOW THE EXPANSION OF KELLY'S AUTO BODY AT 2041 SOUTH MAIN STREET - KELLY'S BODY SHOP, APPLICANT '~' ~ i f ~. 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 1. Adopt a resolution denying Amendment Application No. 2006-01. OR 2. Adopt an ordinance approving Amendment Application No. 2006-01. OR 3. Adopt an ordinance approving a Zoning Ordinance Amendment No. 2006-04 to allow automotive repair .and servicing uses in the C-SM zoning district, subject to a conditional use permit; and adopt a resolution denying Amendment Application No. 2006-01. PLANNING COMMISSION ACTION Recommended that the City Council deny Amendment Application No. 2006-01 by a vote of 6:0 (Benavides abstained) at its August 14, 2006 meeting (Exhibit A). DISCUSSION On September 5, 2006, the City Council held a public hearing on the proposal to change the zoning of 2037 and 2041 South Main Street from South Main Street Commercial (C-SM) to General Commercial (C2) If approved, the owner of Kelly's Body Shop intends to expand his existing business by remodeling an existing building and constructing two new buildings. After receiving public testimony and deliberating on the proposal, the City Council continued the item and directed staff to prepare findings in support of the project, in addition to findings of denial. 75A-1 Amendment Application No. 2006-01 October 2, 2006 Page 2 Since the Council hearing, staff has identified a third potential option, which would amend the zoning ordinance to allow automotive repair and automotive servicing uses in the C-SM zoning district with a conditional use permit. The first option is to deny the applicant's request for a zone change to C2. This option would maintain the existing C-SM zoning designation for the properties and would prohibit the proposed expansion project. Expansion that is limited to 10 percent of the size of the existing buildings, or approximately 350 feet, would be permitted on the premises. Denial of the zone change would reaffirm the existing zoning, which found auto service uses to be counter to the goal of encouraging neighborhood serving retail that generate pedestrian activity along South Main Street. The second option is to approve the applicant requested rezoning of the properties to General Commercial (C2). This action would modify the zoning of the two subject parcels while maintaining the C-SM zoning for the existing parcels along South Main Street (Exhibit B). This option allows the proposed expansion subject to the site's compliance with the provisions of the C2 zoning district. Due to the differences in the C-SM and C2 development standards, the applicant requested rezoning would result in a site that contains different standards that will alter the building placement pattern found along South Main Street. For example, the C2 standards require a 15 foot front yard setback, while the C-SM zoning has a zero setback requirement. The setback difference would alter the development pattern of the corridor by having buildings set back from the street and by allowing parking to be provided in front of the building and adjacent to the street as opposed to the rear of the site as required by the C-SM zoning and found along South Main Street. In addition, this option would require the applicant to obtain variances from the parking, height, street frontage and setback standards. The third option is to modify the C-SM zoning provisions to allow automotive repair and automotive servicing uses with a conditional use permit. This action would allow the applicant the ability to expand the business with an approved conditional use permit. This action will allow the proposed development to meet the objectives of the C-SM zone while being consistent with the development pattern found along South Main Street. Further, this option will allow staff the ability to review similar applications on a case by case basis to ensure compliance with applicable development standards. This option would require the applicant to apply for a conditional use permit and obtain variances from the parking, and potentially for height and setback standards, though these last two items may be resolved through design refinements. Additionally, the project will need to comply with the Auto Repair Design 75A-2 Amendment Application No. 2006-01 October 2, 2006 Page 3 and Development Standards applicable to projects within the C-SM zoning district. These standards, which include provisions on fencing, building placement, building elevations, and building design, will be reviewed in conjunction with the conditional use permit. CEQA COMPLIANCE In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15061 (b) (3) . This section exempts the project from further CEQA review as it has been determined that the proposed project will not have a significant effect on the environment. Exemption No. 2006-169 will be filed for this project . FISCAL IMPACT There is no fiscal impact associated with this action. aye M . Trevino ecutive Director Planning & Building Agency VF:rb of/reports/aa06-01.100206cc 75A-3 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: AUGUST 14, 2006 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2006-01 TO REZONE TWO PARCELS TO ALLOW THE EXPANSION OF KELLY'S AUTO BODY AT 2041 SOUTH MAIN STREET Prepared by Vince Fregoso Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planning Hager Recommend that the City Council deny Amendment Application No. 2006-O1. DISCUSSION Request of Applicant Mr. Benjamin Mendoza is requesting approval of an amendment application to change the zoning of the subject property from South Main Street Commercial (C-SM) to General Commercial (C-2). The applicant intends to rehabilitate and expand the existing auto body business that is located on Main Street, which is not allowed under the current zoning due to the auto use's nonconforming status. Property Description The property is a 0.77 acre, rectangular shaped parcel of lan Main Street between St. Andrew Place and St. Gertrude Place. which consists of three Body Shop, a business currently contains two building and a one-stor: In addition, two open a d located on separate lots, is currently occupied by Kelly's that has been operating since 1993. The site The site, buildings; a one-story, 1,190 square foot office ~, 2,330 square foot automotive repair structure. it canopies are located behind the two buildings. A total of 44 parking spaces are provided on-site for the development. The property is currently zoned South Main Street Commercial (C-SM) and is designated as General Commercial (GC) on the Santa Ana General Plan. Surrounding land uses include commercial uses to the north and west, commercial and residential uses to the south, and a combination of single- family and multi-family residential uses to the east (Exhibits 1 and 2). EXHIBIT A 7 5A-4 Amendment Application No. 2006-01 August 14, 2006 Page 2 Project Description Mr. Benjamin Mendoza is requesting approval of a zone change to change the zoning designation of a property located at 2041 South Main Street from South Main Street Commercial (C-SM) to General Commercial (C-2) (Exhibit 3). If this action is approved, the applicant intends to demolish one existing building, remodel another building and construct two new buildings for the auto body business. The project is proposed to be developed in four phases. Upon completion of all phases, two existing open canopies are proposed to be removed and replaced by two work bay buildings: a 3,000 square foot (Phase 1) and a 5,000 square foot (Phase 2) facility. In addition, the existing 2,330 square foot building located along Main Street would be converted from a paint and body building into an office building (Phase 3). Finally, the existing office building located on Main Street would be demolished to provide additional parking for the use. At the completion of all phases, a total of 48 parking spaces will be provided for the project (Exhibits 4 and 5 ) . Analysis of the Issues In April 2000, the City Council adopted Ordinance No. NS-2420 to establish a new zoning district on South Main Street. This new zone, the Commercial South Main zoning district (C-SM), rezoned properties generally located between Walnut Street and Warner Avenue. The creation of this designation was in response to concerns regarding the desire to upgrade and revitalize one of the most unique streetscapes in the City. Since the South Main Street area was identified as a major commercial thoroughfare whose predominant development pattern differed from other commercially zoned properties, a new zoning designation was created for this area. The C-SM zone included several features that differed from other commercial designations found in the zoning code, such as allowing development on lots smaller than 15,000 square feet in size, provisions to allow off-site parking, allowing a reduction in the 15-foot front yard setback standard and modifications to permitted uses. The permitted uses in the C-SM zone were focused to create a greater commercial consistency of land uses, specifically pedestrian-friendly and neighborhood serving commercial uses. As a result, automotive related uses such as sales and service, including auto body facilities, were not incorporated into the C- SM standards. This action resulted in Kelly's Auto Body becoming a legal nonconforming use subject to the provisions of Article VI of Chapter 41 of the Santa Ana Municipal Code (SANG), which establishes standards for the regulation of nonconforming buildings and uses. 75A-5 Amendment Application No. 2006-01 August 14, 2006 Page 3 Kelly's Auto Body desires to expand its existing facility. Section 41-681 of the SAMC states that "No nonconforming building, or building occupied by a nonconforming use shall be enlarged nor shall the exterior walls of such a building be structurally altered in any manner unless such building and the site on which it is located will thereafter conform to all applicable provisions of this chapter...." In order for Kelly's site to achieve conformancy the auto use would have to be removed from the site. Since this would be counter to the owner's goal of continuing to operate an auto body use on the site, the use could not be brought into conformancy and no enlargements or structural alterations can be achieved. In this case, the applicant's request can only be facilitated if the zone is changed to a category that allows auto uses, such as the C2 zone or if the C-SM zone is amended to allow auto service uses. In considering these rezoning options, staff reviewed the original policy considerations that informed the Council's action in 2000. Beginning in 1999 the City Council began a process to address inconsistent uses and incompatible development standards in the South Main Street area. This process included the involvement of the South Main City Council Committee, the South Main Merchants, the Heninger Park Neighborhood Association, and the Planning Commission. After extensive study new standards were developed to preserve the unique development pattern along South Main, strengthening it as a location for specialty retail, and providing for the eventual transition of incompatible uses out of the area. Through this process eight use categories were specifically prohibited in the C-SM zone. These are: 1. Automobile repair and automobile servicing uses. 2. Automobile sales. 3. Service stations. 4. Mortuaries. 5. Hospitals and sanitariums. 6. Clinics and medical office uses. 7. Golf courses. 8. Churches and accessory church buildings. The intent of the rezoning was to encourage pedestrian-friendly and neighborhood serving commercial uses. If approved, a zone change would extend the life of the legal nonconforming use and would make the site less likely to recycle to a use that achieves the goals of the C-SM zoning standards. Second, the removal 75A-6 Amendment Application No. 2006-01 August 14, 2006 Page 4 of the parcel from the C-SM designation would set a precedent for other similar uses along the South Main Street corridor. Currently, there are approximately 20 automotive related uses operating on South Main Street. Approval of this application could result in several requests to rezone properties to allow the expansion of similar uses, further impeding the transformation of the South Main Street corridor. If the C-SM zone itself is changed to allow auto uses, it would represent a significant change in policy for the South Main area, would remove all the existing auto uses from a nonconforming status, and would pave the way for additional auto service uses to be established. Finally, the proposed zone change does not implement the larger policy goal the City is trying to achieve, which is to promote neighborhood serving commercial uses along this corridor. On March 27, 2006, a study session was held with the Planning Commission regarding nonconforming uses in the C-SM zoning district. After extensive discussions regarding this issue and various land use options for the corridor, the Commission noted the importance of maintaining the existing zoning for the corridor and the need to encourage more uses that serve the adjacent neighborhoods. As the proposed project is not consistent with the intent of the Commercial South Main Street zoning designation, staff recommends that the Planning Commission recommend that the City Council deny Amendment Application No. 2006-01. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is not considered a CEQA project. Therefore, no environmental documentation is required. ~~ Vince Fregos , AICP Senior Plann r VF: jm of/reports/aa06-Ol.pc 75A-7 R1 - R1 R1 ; R1 R1 R1 R1 R1 R1 ~~J\ R1 POMONA ST. 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COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTIST' VILLAGE C4 PLANNED SHOPPING CENTER CS ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE GC GOVERNMENT CENTER R2 TWO-FAMILY RESIDENCE M1 LIGHT INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE M2 HEAVY INDUSTRIAL R4 SUBURBAN APARTMENTS MO MILITARY OPERATIONS RE RESIDENTIAL ESTATE O OPEN SPACE SD SPECIFIC DEVELOPMENT P PROFESSIONAL SP SPECIFIC PLAN PCD PLANNED COMMUNITY DEVELOPMENT PRD PLANNED RESIDENTIAL DEVELOPMENT AA 06-1 ~ - KELLY'S BODY SHOP ~ -~~-,,.~.- 2041 SOUTH MAIN STREET - - = 500 FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 7 ~(ji I Q~T 1 R2 R2 R1 R1 R1 ( Rl f i R1 R1 0 M1 R1 R1 av. R1 i R1 R1 Ri R1 a R1 R1 ~ R~ ~ ~ o . 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Ct-MD COMMUNITY COMMERCIAL-MUSEUMDISTRICT M2 HEAWINDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE /SAUTHORQEDBYCITVCOUNCIL RESOLUTION N0. ]4-183, DATED 11.18-]4, I C2 GENERAL COMMERCIAL MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT HEREBY ATTEST THAT THIS MAP IS ATRUE C3 CENTRAL BUSINESS O OPEN SPACE RE RESIDENTIAL ESTATE COPY OF THE ORIGINAL SECTIONAL DISTRICT MAP NO. IP6Y. C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE P PROFESSIONAL SD SPECIFIC DEVELOPMENT C4 PLANNED SHOPPING CENTER PCD PLANNED COMMUNITY DEVELOPMENT SP SPECIFIC PLAN ~~ der iaEVrca CS ARTERIAL COMMERCIAL PD PLANNED DEVELOPMENT EXECUTIVE DIRECTOR PUNNINGBBULLOING AGENCY CR COMMERCIAL RESIDENTIAL PRD PLANNED RESIDENTIAL DEVELOPMENT c.nm~aw Dam RES.lA. A.IAN%. NO. 5558 fi0A4 AA 880 MBB9 AA 890 AA 951 AA 1052 AA 1058 AA 988 AA 08-/ ORD.lRES. NO. NS-SBt NS-1193 NS1804 NS-1712 NS-1713 NS-1851 NS-2138 NS-2178 NS-239.5 Pafldrg ADOPTED DATE 7-2-82 12-17-73 10.2681 1-1881 1-16$4 7-7-96 61491 9$92 7-19-93 APPROVED `~ ~`y -T ~~ +~ U/~ 7~~ RES. /AA. /AN%. NO. ORD. /RES. NO. ADOPTED GATE APPROVED • • , ~ ~ ~ ~ - PREPARED BY THE PLANNING DIVISION - CITY OF SANTA ANA, CALIFORNIA B KO- 9/26/06 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING THE REQUEST TO REZONE THE PROPERTY LOCATED AT 2037 AND 2041 SOUTH MAIN STREET FROM SOUTH MAIN STREET COMMERCIAL (C- SM) TO GENERAL COMMERCIAL (C-2) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Amendment Application No. 2006-01 has been filed with the City of Santa Ana to rezone the property located at 2037 and 2041 South Main Street from South Main Street Commercial (C-SM) to General Commercial (C-2). B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on August 14, 2006 on Amendment Application No. 2006-01. The Planning Commission determined by a vote of 6:0:1 (Benavides abstaining) to recommend that the City Council adopt a resolution denying Amendment Application No. 2006-01. C. On September 5, 2006, the City Council of the City of Santa Ana held a duly noticed public hearing on Amendment Application No. 2006-01. On September 5, 2006 the City Council continued the matter to October 2, 2006. D. In April 2000, the City Council established a new zoning district for both sides of South Main Street. The purpose of the rezoning was to upgrade and revitalize the unique streetscape found on South Main. The permitted uses in the C-SM zone are focused on pedestrian-friendly and neighborhood-serving commercial uses. E. After extensive study, new standards were developed for the C-SM zone, including (1) provision for buildings to be constructed at the back of the sidewalk with no front setbacks for landscaping or parking, and (2) the prohibition of non-pedestrian friendly retail uses such as automobile repair and servicing uses and automobile sales. F. The current C-SM zoning for the subject property facilitates this vision of pedestrian-friendly and neighborhood-serving commercial uses. The applicant's proposed rezoning would permit, and its site plan would Resolution No. 2006-XXX Page 1 of 3 75A-14 provide for, a new parking lot to be constructed at the front of the subject property. G. Based upon the evidence referenced herein, including all oral testimony before the Planning Commission and the City Council at their respective public hearings, the proposed Amendment Application No. 2006-01 to rezone property located at 2037 and 2041 South Main Street from South Main Street Commercial (C-SM) to General Commercial (C-2) does not bear a substantial and reasonable relationship to the public welfare. H. Based upon the evidence referenced herein, including all oral testimony before the Planning Commission and the City Council at their respective public hearings, the rezoning of 2037 and 2041 South Main Street would be arbitrary and capricious and would not be consistent with the appropriate planning or land use criteria. I. In accordance with the California Environmental Quality Act, the proposed project is not a project as defined by the California Environmental Quality Act. Section 2. The City Council of the City of Santa Ana after conducting the public hearing hereby denies Amendment Application No. 2006-01. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Council Action dated September 5, 2006 and exhibits attached thereto; the Request for Council Action dated October 2, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this day of 2006 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney Resolution No. 2006-XXX Page 2 of 3 75A-15 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-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2006-XXX Page 3 of 3 75A-16 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 2037 AND 2041 SOUTH MAIN STREET FROM SOUTH MAIN STREET COMMERCIAL (C-SM) TO GENERAL COMMERCIAL (C-2) (AA NO. 2006-01) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Amendment Application No. 2006-01 has been filed with the City of Santa Ana to rezone the property located at 2037 and 2041 South Main Street from South Main Street Commercial (C-SM) to General Commercial (C-2). B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on August 14, 2006 on Amendment Application No. 2006-01. The Planning Commission determined by a vote of 6:0:1 (Benavides abstaining) to recommend that the City Council adopt a resolution denying Amendment Application No. 2006-01. C. On September 5, 2006, the City Council of the City of Santa Ana held a duly noticed public hearing on Amendment Application No. 2006-01. On September 5, 2006 the City Council continued the matter to October 2, 2006. D. In April 2000, the City Council established a new zoning district for both sides of South Main Street, known as the C-SM zone. Among its purposes is to provide opportunities for neighborhood-serving uses consistent with apedestrian-friendly area. E. The C-SM zone prohibits new automobile repair and servicing uses or expansion of existing automobile repair and servicing uses, such as the one located on the subject property for numerous years. Thus the applicant's existing use has been legally nonconforming for over six (6) years. F. The City of Santa Ana does not amortize legally nonconforming uses; the applicant can continue to operate its automobile repair and servicing use on the subject property in perpetuity. However, the applicant may not expand its use under the current zoning, since it is nonconforming. As 75A-17 such there is no incentive for the subject property to revitalize or recycle. Therefore without rezoning, the applicant would not have the ability to reinvest in his use, and the subject property could well become a blight on the community. The blighting effect would be counter productive to the C- SM's pedestrian-friendly and neighborhood-serving commercial purpose. G. Additionally, there is two-family residence (R-2) zone and well-established residential uses immediately adjacent on both the north and south of the rear half of the subject property. Therefore, if the subject property becomes blighted it would negatively affect this existing residential neighborhood, which could have a ripple effect upon multiple properties. H. Based upon the evidence referenced herein, including all oral testimony before the Planning Commission and the City Council at their respective public hearings, the proposed Amendment Application No. 2006-01 to rezone property located at 2037 and 2041 South Main Street from South Main Street Commercial (C-SM) to General Commercial (C-2) bears a substantial and reasonable relationship to the public welfare. Based upon the evidence referenced herein, including all oral testimony before the Planning Commission and the City Council at their respective public hearings, the rezoning of 2037 and 2041 South Main Street would be consistent with the appropriate planning and land use criteria. J. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15061 (b)(3). This section exempts the project from further CEQA review as it has been determined that the proposed project will not have a significant effect on the environment. Exemption No. 2006-16 will be filed for this project. Section 2. The City Council of the City of Santa Ana after conducting the public hearing hereby approves Amendment Application No. 2006-01. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Council Action dated September 5, 2006 and exhibits attached thereto; Request for Council Action dated October 2, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The real property located at 2037 and 2041 South Main Street in Santa Ana is hereby reclassified from South Main Street Commercial (C-SM) to General Commercial (C-2). Amended Sectional District Map number 19-5-9 showing the above described change in zoning district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. (AA No. 2006-01). 75A-18 Section 4. This Ordinance 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 Ordinance. ADOPTED this day of , 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto 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 the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A-19 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ALLOW AUTOMOBILE REPAIR AND AUTOMOBILE SERVICING IN THE SOUTH MAIN STREET COMMERCIAL DISTRICT WITH A CONDITIONAL USE PERMIT (ZOA No. 2006-04) 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 South Main Street Commercial District was created in April 3, 2000. B. On October 2, 2006, the City Council held a duly noticed public hearing regarding the adoption of an ordinance approving Zoning Ordinance Amendment No. 2006-04, to amend the South Main Street Commercial District to allow automobile repair and automobile servicing subject to the issuances of a conditional use permit. C. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15061 (b)(3). This section exempts the project from further CEQA review as it has been determined that the proposed project will not have a significant effect on the environment. Exemption No. 2006-169 will be filed for this project Section 2. Section 41-522 is hereby amended to read as follows: Sec. 41-522. Uses subject to a conditional use permit in the C-SM district. The following uses may be permitted in the C-SM district subject to the issuance of a conditional use permit: (a) Clubs, lodges and fraternal organizations. (b) Outdoor and indoor recreational or entertainment uses including night clubs, other than those set forth in section 41-521. (c) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (d) Thrift and resale stores, antique shops and collectable stores, excluding pawn shops and auction houses. (e) Eating establishments open at any time between the hours of 12:00 midnight 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. (f) Laundromats. (g) Ancillary outdoor dining facilities located in the front yard area. 75A-20 (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. tj) Automobile repair and automobile servicing. Section 3. Section 41-523.5 is hereby added to the Code to read as follows: Section 41-523.5. Standards for automobile repair and automobile servicing in the C-SM district. Automobile servicing and automobile repair are subject to the following requirements: (1) No outdoor overnight vehicle storage is permitted except as permitted by section 41-1302. (2) No auto repair or auto body activity within three hundred (300) feet of property zoned or used for residential purposes shall be conducted before 7:00 a.m. or after 9:00 p.m. on any day of the week. (3) Driveway Access on through lots shall not be allowed onto streets primarily servicing property zoned or used for residential purposes. (4) Building elevations containing service or repair bays shall not face toward a public street or toward residential property if the elevations are within 300 feet of property zoned or used for residential purposes. (5) A six (6) foot high minimum masonry block wall shall be provided along side and rear property lines not abutting public streets. For properties where at least one C-SM zoned parcel is combined with at least one R2-B zoned parcel, a six (6) foot high minimum masonry block wall shall not be required along the property line between the C-SM and R2-B zoned parcels. Walls or fences excluding chain-link shall not exceed 42 inches high within 15 feet of public streets. If the site abuts a commercial development, the Planning Manager may reduce or delete the wall requirement. Flowering vines should be planted at intervals along the wall to discourage graffiti. (6) Exterior building elevations facing public streets shall be a minimum of 50 percent of the storefront in clear glass. (7) Security fencing, if provided in addition to the perimeter masonry wall, shall be of a decorative design compatible with the masonry wall. All gates and fencing shall remain free of signs or other advertisements. Gates shall remain open during business hours Ordinance No. NS-XXXX Page 2 of 4 75A-21 and shall satisfy Public Works Agency requirements for vehicular stacking. (8) Auto repair buildings shall be designed in consideration of the context of the site and area. The design shall complement and be compatible with the predominant architectural theme of the area or of the integrated development site if the auto repair facility is within such a development. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this day of October, 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney 75A-22 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- 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-XXXX Page 4 of 4 75A-23 75A-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 CLERK OF COUNCIL USE ONLY: TITLE: AMENDMENT APPLICATION NO. 2006-03 TO REZONE A PARCEL FROM PROFESSIONAL (P) TO SINGLE-FAMILY RESIDENCE (Rl) AND GENERAL PLAN AMENDMENT NO. 2006-01 TO CHANGE THE GENERAL PLAN DESIGNATION FROM PROFESSIONAL AND ADMINISTRATIVE OFFICE (PAO) TO LOW DENSITY RESIDENTIAL (LR-7) AT 407 NORTH MCCLAY STREET - PMR INC., APPLICANT CITY MANAGER RECOMMENDED ACTION APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution denying both Amendment Application No. 2006-03 and General Plan Amendment No. 2006-01; OR 2. Adopt both an ordinance approving Amendment Application No. 2006-03 and a resolution approving General Plan Amendment No. 2006-01. PLANNING COMMISSION ACTION Recommended that the City Council: 1. Deny Council Amendment Application No. 2006-03. 2. Deny General Plan Amendment No. 2006-O1. By a vote of 4:0 (Gartner and Lutz absent) at its meeting on July 24, 2006 (Exhibit A). DISCUSSION On September 5, 2006, the City Council held a public hearing on the applicant's request for a zone change and general plan amendment to allow the construction of a new single family residence at the project site. During the hearing, the Council indicated a potential desire to rezone the subject property and allow the residential project subject to a thorough review of the floor plan by the planning staff. At the 75B-1 Amendment Application No. 2006-03 General Plan Amendment No. 2006-01 October 2, 2006 Page 2 conclusion of the hearing, the City Council directed staff to return with findings necessary to approve the general plan amendment and zone change for the proposed single family residence (Exhibit B). Staff met with the applicant on September 18, 2006 to discuss possible changes to enhance the project. After reviewing various items, the applicant agreed to enlarge the front porch to make it a more usable area, to further refine the architectural features of the porch by using upgraded materials, and to provide additional closet space within the home as shown on the attached exhibit (Exhibit C). Staff contends that the proposed modifications will result in a quality single family residence that is compatible with the existing residential neighborhood. As a result, staff recommends that the City Council approve General Plan Amendment No. 2006-01 and Amendment Application No. 2006-03. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15332. This Class 32 exemption allows the construction of infill projects on sites less than five acres in size. Categorical Exemption No. 2006-25 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. ~~ J y M. Trevino e~utive Director Planning & Building Agency CR:rb cr\reports\aa06-03gpa06-01.100206.cc 75B-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JULY 24, 2006 TITLE: PUBLIC HEARING - FILED BY PMR INC. FOR AMENDMENT APPLICATION NO. 2006-03 TO REZONE A PARCEL FROM PROFESSIONAL (P) TO SINGLE- FAMILY RESIDENCE (Rl) AND GENERAL PLAN AMENDMENT NO. 2006-01 TO CHANGE THE GENERAL PLAN DESIGNATION FROM PROFESSIONAL AND ADMINISTRATIVE OFFICE (PAO) TO LOW DENSITY RESIDENTIAL (LR-7) AT 407 NORTH MCCLAY STREET PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Prepared by Carlos Rodriguez Executive Director ~C~~vt- Planning Manager RECOMMENDED ACTION Recommend that the City Council: 1. Deny Amendment Application No. 2006-03. 2. Deny General Plan Amendment No. 2006-01. DISCUSSION Request of Applicant Pacific Maintenance, Inc. is requesting approval of a zone change and general plan amendment to change the zoning classification of an existing parcel to Single-Family Residence (R1) and to change the General Plan Designation from Professional and Administrative Office (PAO) to Low Density Residential (LR-7) at 407 North McClay Street. Property Description The subject site is a vacant parcel located northeast corner of Fourth and McClay Streets shape and is approximately 4,900 square feet bounded by single-family residences to the Frederick Remington Elementary School to the w EXHIBIT A on McClay Street near the The lot is rectangular in in size. The property is north, south and east, and est (Exhibits 1 and 2). 75B-3 Amendment Application No. 2006-03 General Plan Amendment No. 2006-01 July 24, 2006 Page 2 Project Description The applicant proposes to construct a single-family residence on the subject site. The current zoning classification for the subject property is Professional (P) with a General Plan land use designation of Professional and Administrative Office (PAO). The Professional zoning does not allow the construction of residential structures. A zone change to Single-Family Residence (R1) and a general plan amendment to Low Density Residential (LR-7) are required in order to construct a single- family residential structure. The applicant is proposing to construct a one-story single-family residence with a detached two-car garage. The house will be approximately 1,300 square feet in size and includes four bedrooms and two baths (Exhibits 3 and 4). The proposed exterior finishes include a composite wood siding, a front porch with decorative columns, and wood trim around the single hung windows. The detached garage at the rear of the property is 441 square feet and matches the architectural features of the house. Analysis of the Issues The applicant is requesting approval of a zone change and general plan amendment of the subject site to allow a residential unit. The subject site is located just north of the intersection of McClay and Fourth Streets. Currently, the land uses found along Fourth Street between Grand Avenue and the Santa Ana (I-5) Freeway consist mainly of both office and residential development. Except for the existing elementary school and the commercial zoned properties abutting Grand Avenue, all properties in this corridor are zoned Professional (P) and have a General Plan land use designation of Professional and Administrative Office (PAO) (Exhibits 5 and 6) Section 41-680 of the Santa Ana Municipal Code (SANG) allows the existing residential uses along this corridor to remain since they are considered to be legal nonconforming uses. The existing zoning and general plan designations for the property are consistent and allow for the development of a professional office. The Circulation Element of the General Plan classifies Fourth Street as a primary arterial street (Exhibit 7). Policy 4.5 of the Land Use Element encourages the development of employment centers that are adjacent to 75B-4 Amendment Application No. 2006-03 General Plan Amendment No. 2006-01 July 24, 2006 Page 3 major arterial roadways such as Fourth Street. Given the site's close proximity to Grand Avenue and the Orange County Register headquarters, the area could evolve into an office district that links the existing office district on east Fourth Street with Grand Avenue. The current zoning and general plan designations facilitate a future employment center by allowing the conversion of residences along Fourth Street into viable office projects. Further, since residential uses along major arterials are not encouraged, it will assist in the eventual conversion of these residences into office uses that are appropriate land uses on a major arterial. By rezoning the existing lot to the Single-Family Residence (R1) designation, any future developer would have less square footage on which to develop the properties along Fourth Street between McClay Street and Linwood Avenue. Additionally, staff is trying to minimize the creation of city blocks that have a mis-match of office and residential development. By allowing the zone change and general plan amendment for this specific parcel, the City is reducing the amount of land available for office uses. Smaller development sites may fall short of complying with the City's development standards and create negative impacts on the surrounding residential neighborhood. Such impacts may include the parking of automobiles in the residential neighborhoods as street parking is not permitted on Fourth Street. Staff also analyzed the existing land use pattern of the area. The entire block along Fourth Street is zoned Professional and allows office development, including the conversion of residences into professional offices. In fact, several of the office buildings along this corridor were former residences that were converted into office buildings. Although the opportunity exists for the residence south of the subject site to convert to an office use, it is unlikely that these sites can meet the development standards necessary for office uses. By maintaining the office zoning of the subject site, it allows potential developers the opportunity to create a larger office development rather than a series of smaller individual office buildings. Therefore, staff recommends that the Planning Commission recommend that the City Council deny Amendment Application No. 2006-03 and General Plan Amendment No. 2006-O1. 75B-5 Amendment Application No. 2006-03 General Plan Amendment No. 2006-O1 July 24, 2006 Page 4 CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project is not a project as defined by the California Environmental Quality Act. ~,wG `~.~ Carlos Rodriguez Assistant Planner II CR:jm cr\reports\aa06-03gpa06-Ol.pc v' `~(/t Vince Freg so, A P Senior Pla ner 75B-6 ~J ~~ ~` f 'u'~, R1 R1 R1 R1 M1 M\ \ R1 ~ ~ R2 = C5 ~ R1 --- m I i ~ ~ ~ i M s~zoZ, ,~ C2 ~ ~ C5 Ri Ri ~ Ri ~ R4 ~ RBI M2 R2 ~ ~ .y R1 Rt C5 C5 Ri ~ Rl '" ~ ~ ~ w .r T NAV 3 PRD ~~ " R2 Al a_-4 = __4~ ~I_ ~ w - n-il--IT==~=~~ c2 i cz Rz R ~ R4 ; ~ _ ;u M2~ ~ §" M Qc PL Rl R1 Rr L ~~t+t ~=` rIT-=1- ~,2 R2 ~ R2~ Mp oRACE sr ~ Ri - R4-PRD M, ~~` R2 C ~ M2 0 ------ Rt ~ w ol. 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COMMERCIAL-MUSEUM DISTRICT MO MILITARY OPERATIONS RE RESIDENTIAL ESTATE C2 GENERAL COMMERCIAL O OPEN SPACE SD SPECIFIC DEVELOPMENT C3 CENTRAL BUSINESS P PROFESSIONAL SP SPECIFIC PLAN C3-A CENTRAL BUSINESS-ARTIST VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT C4 PLANNED SHOPPING CENTER pRD PLANNED RESIDENTIAL DEVELOPMENT C5 ARTERIAL COMMERCIAL ~ G PA 06-1 /AA 06-3 ~ PACIFIC MAINTENANCE, INC. ~ '~ 407 NORTH MCCLAY STREET - - =500 FEET 1" = 1000 FEET P L A N N I N G __A N D B U I L D I N G A G E N C Y EXHIBIT 1 75B-7 EXISTING LAND USES J J ¢ J ¢ r W W ~ Z W 2 TWO UNIT ~ p w FAMILY N ~ lJ l RESIDENTIAL O . 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Z ~ } ~ 110' 5TH ST. ~- ~ ~~ 0 a C1 ~ g p s i ~ P J p 9~ C2 ~ U P 161.2' N ~ - ~ - 4TH 185' - . ~ P .t 127' Q 118{ ~ p ~ ~ P ~+rr~~ T } T o ~ w P4.14 ' I CL I~ g ~ 3 ~ ~ 28' Cry 675' ~ ,74' R2 z R2 a R2 3 R2 M1 ~ P PROFESSIONAL C1 COMMUNITY COMMERCIAL R1 SINGLE-FAMILY RESIDENCE C2 GENERAL COMMERCIAL R2 TWO-FAMILY RESIDENCE M1 LIGHT INDUSTRIAL O OPEN SPACE G PA 06-1 /AA 06-3 PACIFIC MAINTENANCE, INC. _ 407 NORTH MC CLAY STREET Iq ~ ^ P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 5 75B-13 GENERAL PLAN r r r r r r r r r r rrrrrrrrrrrrrrrr rrrr / rrrr rrrrrrrrrr rrr > r ` rr rrr / r r r r r rrrr Q rrrrr ~/~~ :" ~'//~ :' ~ ~ ~ ~ ~~ ~/ ~ . .j,'//j ,/,~/~j ~" Q Q Z rrr ;i,;/i~~,i~'ji~~ U 5TH ST ZO Q r ;~~~/: ,;~~%/; , U J r ~ rrr / ~i~'~ % ~i / /, // ,// // 4TH ~ .T.~ •o ~ rrrr O ~ Q = Z U J Q ?~ r r r W PAO 0 GV rrrrrrr r INS ;~~%";;~; O LR-7 G PA 06-1 /AA 06-3 PACIFIC MAINTENANCE, INC. 407 NORTH MC CLAY STREET P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 6 75B-14 Street ClaaSification5 ~' Freeway 0 Enhanced Intersections ---- Principal O Interchange ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Major Arterial ... City Limits ~ T^'~ Primary Arterial - • • - Secondary Arterial Master P I a n of „~,,,., Commuter Streets and Highways xxxxxxxxxx Local Commercial Circulation Element 0'6 0 0.6 ,.z M~~~S Exhibit 1 75~X 1~7T 7 t` SEVENTEENTH 6-5-9J 15'5'9 I 1 ~~ 1 I III 11 ~ JL^J l I l + - ~ -- - - 77TH ST. 7-5-9 { ~ X35 2,.-R Cs cs + C5 ~ ~ C5 I C4 ¢~ A,. ~ .~~<' E a C5 ~ ~ a C1 1a T RQ ~ ass s~- R1-B R1 < s°a.'' C5 CS Rl W R7 Ri-B - R1-B ~ - ~ R1 I ST. ~J I 5~5~91 <~ 5-9 + 51A ,~~ w R1 ' 1Rl ~ i Ali ~ ~ I R4 1 Q C5 R1 R1 R1 ~ R, ~ a i ~4-PRQ ~ R4-PRD I R1 ~ R1 T ~ R1 ~S _-- = R1 ~ vA PL - S R3 q~Tq q n Nq J RR3 R1 SD-21 Rt R1 I R1 I ~ -~, ~ 0 L-. ,. ~ -Rt ---1/ `--lr it ~ ~_~ - e R1 R1 Rl , e ~~ I_ ~__I- r. JI ~ -11 _ -- -- Rt-PRD I 0 i `I f ~ ~r K _ I _- I ~ ~ P RI i' T I~ li ~L R1 ? 1 i q`rl II Rt > R1 t I V Ri ~ ~ R1- ~ 'i - e>s ~I PRD 9 sT 3 O.e .. ' 1a~ R1 R1 ~ R1 0 ~ R4 p L CIR ~o ~t<~~ R1 .93 A• mil- P 4J Q R1 R1 ~ g 14,3' ~ Rl Rl Rl Ao wYP]n S P O a Q Cl D T ~~ I,a 5TH T P ~ p ~ p .a. P„ ~ P P N^ _-__ - /TM ST -' -- r 5,]e F- ~j P P _, 1,e`&P P, p S ~ R2 c r v, P P R2 s R2 R2 R2 M1 ]ag ~ p ~ C2 R2 '~ 2655 a SD-54 ~ R2-B $$ "°' uz /R2 C~2 > G C5 ~C5 C1 Cs Tuetrn' ]"] .~ D2 FT ~ ~ VL H ~ $$ I ' C2 lit 25y- IM' 9.59 18-5 9 11-5~~ I I , "` ` "Q 17-59 18-5-9 FIRST ST. SECTIONAL DISTRICT MAP 8-5.9 SCALE IN FEET ~ ~ ' ADOPTED BY THE SANTAANACITYCOUNCIL,AUGUST17,19598YORDINANCENS-394 o /ooo C1o- MINIMUM FRONTAGE -ROOD MINIMUM LOT AREA A7 GENERAL AGRICULTURAL C•SM SOUTH MAIN STREET COMMERCIAL DISTRICT R7 SINGLE-FAMILY RESIDENCE -B PARKING MODIFICATK)N GC GOVERNMENT CENTER R7-4000 SMALL LOT SINGLE-FAMILY RESIDENCE C1 COMMUNITY COMMERCIAL Mt LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE THIS MAPSTHE OFFICIAL SECTIONAL DISTRICT MAP OF THE CITY OF SANTA ANA. C7-MD COMMUNITY COMMERCIAL-MUSEUMDISTRICT M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE ASAUT110R12EDBYCITY000NCIL C2 GENERAL COMMERCIAL MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT RESOLUTION NO. ]~-183. DATED 11.1&]A, I HEREBY ATTEST THAT THIS MAP IS ATRUE C3 CENTRAL BUSINESS O OPEN SPACE RE R COPY OF THE ORKIINAL SECTgNAL DISTRICT ESIDENTIAL ESTATE MAP NO. ssr C3-A CENTR/LL BUSINESS-ARTISTS' VILLAGE P PROFESSIONAL SD SPECIFIC DEVELOPMENT C4 PLANNED SHOPPING CENTER PCD PLANNED COMMUNITY DEVELOPMENT SP SPECIFIC PLAN S~rea urTREwNo C5 ARTERIAL COMMERCIAL PD PLANNED DEVELOPMENT PLANNING aIEDI OIING AGENCY CR COMMERCIAL RESIDENTIAL PRD PLANNED RESIDENTIAL DEVELOPMENT D9R8kate Dale RES. / A.A. /AN%. NO. M OB-3 ORD. /RES. NO. Parting ADOPTED GATE APPROVED RES.IA0.IAN%. NO. 60]3 80]] A.A. ]/S AA. ]]B AA. 008 AN%.1 A.A. 819 ANX. I86 A.A B/9 A.A 865 A.A. B6] A. A. B]] AA. 892 A.A. 931 A.A. 952 AA. 981 A.A. 993 A.A. 99] A.A. 1029 AA. 1931 A.A 1038 A.A. 101] AA. 1052 A.A. a2-I ORD./RES NO. NS-12]8 NSt285 NS-132] NS-1393 NS1161 ]?5 NS1/80 ]9-5 NS1582 NS-1811 NS-1819 NS18]0 NS-1]18 NS-1815 NS-1818 NS1912 NS-t912 NS-1950 NS-2036 NS-2031 NS-2082 NS-210] NS2139 NS-2498 ADOPTED GATE 4tS)5 tt~t1-]5 11-15-]8 12- t 2 -n 1 2 1 6-] 6 1-0-]9 312-]9 1~6-]9 SF81 11~1G8 1 1-18. 82 I-I]-8 3 31984 11Jd 5 519-0 6 .1 1 .6] 2 d -8B 3-] -88 11 .26 d8 11$89 Bd90 1.22.91 8-1 991 1-15-02 APPROVED . / j~ ~ ~V ~ / /~ / ~ ~V ~ y OIT ~ y O~T ~ y ~~~I OC~ y 0~~1 y O~~I J ~ ~ 7'7~ ~ / ~ T7f y ~ ~ Tt ~ j 7~ ~ ~ ~ ~ / Tai o~ ~~~ LAND USE ELEMENT SANTA ANA GENERAL PLAN City of Santa Ana Planning Division Adopted February 2, 1998 The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by Santa Ana City Council February 2, 1998 (GPA 1997-05): GPA 2006-01 (October 2, 2006), GPA 2005-01 (December 5, 2005), GPA 2005-02 (October 17, 2005), GPA 2004-01 (April 5, 2005, as passed by the voters of Santa Ana), GPA 2004-04 (July 19, 2004), GPA 2004-06 (July 6, 2004), GPA 2003-02 (June 16, 2003), GPA 2003-01 (February 18, 2003), GPA 2002-01 (September 3, 2002), GPA 2002-03 (August 19, 2002), GPA 2001-03 (February 19, 2002), GPA 2001-02 (January 7, 2002), GPA 2000-09 (May 7, 2001), GPA 2000-08 (February 5, 2001), GPA 2000-03 (December 4, 2000), GPA 2000-02 (November 20, 2000), GPA 1999- 02 (October 18, 1999), GPA 1999-01 (August 16, 1999), GPA 1998-04 (October 5, 1998), GPA 1998-05 (September 21, 1998), GPA 1998-01 (May 4, 1998). Page 2 of 5 75B-17 LAND USE ELEMENT • To encourage lot consolidation for optimal site design, the floor area ratio can be calculated on an area wide basis for contiguous parcels which are part of a large, multi-structure project. • To qualify for an area wide floor area ratio calculation, a project must be integrated in design and function, and the owner/developer must record deed restrictions limiting the project area to the legally allowed floor area ratio. Land Use Designations The Santa Ana Land Use Plan includes 11 land use designations. These designations indicate the types and intensity of development to be allowed on the property which they cover. Generally, the designation also reflects the predominant development character of the area. As is typical in older, urbanized communities like Santa Ana, there are some areas where existing development does not completely reflect the land use designation of the Land Use Plan. Where these occur the properties are deemed legal conforming and may continue until such time as the property has been vacant for twelve months or more. Each land use designation and a brief description are discussed below. Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other designations: District Center and Residential/Industrial. The Santa Ana Land Use Plan includes the following residential land use designations: • The Low Density Residential (LR-7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily by single-family homes. This designation applies to a large proportion of the City 04-74 6,44.5 acres) representing 47 percent of the City's total land area. • The Low-Medium Density Residential (LMR-11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to 11 units per acre. The land area included in this designation is approximately 443 acres. The great majority of the land designated as Low-Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile Page 3 of 5 Revised (adoption date) q-~ 7 75B-18 LAND USE ELEMENT Table A-4 indicates the development possible under the build-out of the Land Use Plan. The build-out for residential land uses considered two scenarios. Effective build-out for residential development is calculated by adding the 3,232 units possible in the areas designated as District Center to the existing 74,588 units presently found in the City. Theoretical build-out for residential development considered the development possible if all of the areas designated as residential were developed according to the permitted Land Use Plan intensities. Since the Land Use Element does not contemplate the elimination of existing housing in the City, the effective build-out figure represents a more realistic estimate of future residential development. As indicated in Table A-4, four of the non-residential land use designations have a range in FAR intensities. For the non-residential land use designations, effective build-out considered the development possible under the lower range of FAR intensities while theoretical build-out considered the upper FAR range. Typically, parking and landscaping requirements will result in significantly less floor area for commercial and industrial developments than that which is permitted under the General Plan. As indicated in Table A-4, between ~6 59,717 to 77,820 housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical build-out scenario are a reflection of the higher density multiple-family developments constructed in the 1970's and 1980's. However, the purpose of the Land Use Plan as its applies to the residential areas is to preserve and maintain the stability of existing neighborhoods, regardless of the character of development. The intent of the Plan is not to create any displacement, nor decrease existing development densities. Rather, it is to ensure a safe, healthy, and livable environment for City residents. Existing residential development entitlements are protected through this Land Use Element, applicable Zoning regulations, and sections of the City code pertaining to legal nonconforming uses. The Land Use Element's implementation may result in an increase in the amount of commercial, office, and industrial development in the City. As indicated in Table A-4 up to 54,552,017 square feet of commercial and office development, and 44,891,128 square feet of industrial development are possible under the effective capacity parameters of Land Use Plan. Page 4 of 5 Revised (adoption date) A-30 75B-19 Amended Table A-4 Land Use Plan Build-out Capacities Intensity/ Density Effective Theoretical Land Use Acres Standards Build-out , Build-out Residential Low Density Residential LR-7 ~4~4:4 ac. 7 d.u/ac. d~,~'~ 6,474.5 45,322 ct.u, Low Medium Density Residential LMR-11 443.1 ac. 11 d.u/ac. 4,875 d.u. Medium Density Residential MR-15 410.0 ac. 15 d.u/ac. 6,150 d.u. Residential /Industrial 2 R/I -15 9.2 ac. 15 d.u/ac. 138 d.u. District Center 3 DC 35.9 ac. 90 d.u/ac. 3,232 d.u. SubTotal '~ ac. 77,820 d.u. , ~,,~ ~~97f7 :t~ Commercial Professional & Administrative Office PAO 725.0 ac. FAR 0.5-1.0 15,791,371 s.f. 31,582,742 s.f. General Commercial GC 1,108.3 ac. FAR 0.5-1.0 24,138,121 s.f. 48,276,241 s.f. District Center 3 DC 323.2 ac. FAR 1.0-2.0 14,079,332 s.f. 28,158,665 s.f. One Broadway Plaza District Ctr 5 SubTotal OBPDC 4.3 ac. 2,160.8 ac. FAR 2.9 543,193 s.f. 54,552,017 s.f. 543,193 s.f. 108,560,841 s.f. Industrial Industrial IND 2,280.9 ac. FAR 0.45 44,710,202 s.f. 44,710,202 s.f. Residential /Industrial2 R/I -15 18.5 ac. FAR 0.45 180,926 s.f. 180,926 s.f. SubTotal 2,290.1 ac. 44,891,128 s.f. 44,891,128 s.f. Other Institutional 4 INS 812.6 ac. FAR 0.2-0.5 7,079,023 s.f. 17,697,557 s.f. Open Space OS 1,019.0 ac. FAR 0.2 8,877,876 s.f. 8,877,876 s.f. SubTotal 1,831.6 ac. 15,956,899 s.f. 26,575,433 s.f. Notes: Effective capacity for non-residential development assumes development possible under the lower range of FAR intensity standards. Residential effective capacity was calculated by adding the 3,232 units possible in the District Center with the existing 74,588 (Census 2000) housing units. z Land use designation permits both residential and industrial development. Build-out assumed 50% of the land area will be developed as residential and 50% as industrial development. 3 Land use desgination permits both residential and commercial development. Build-out assumes 90% of land area will be developed as commercial and 10% will be developed as residential. FAR -floor area ratio, d.u.-dwelling units, s.f. -square feet (of floor area). Acreage shown in table does not include roads in right-of-way. Effective capacity assumes FAR of 0.2. s Land use designation permits high intensity office development with ancillary retail use. 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McCLAY ST. ~ ~ ~ ~ ~ ~`anm ~ ~ ~y A ~sr ~ SANTA ANA, CA 92707 § ~ _ ~ ~a Z fS~~~m ~~ ~`$+ i ~ s ~ o n o o ~ ~ °4 4 4 '. °, °, °, o g 4 R 4 4 4 ~~ S a a d ? a a a a a a 5 a a a ~ a a . a a a a a a a a a a a a ~ s a a a a a a a a a a a a a a ~~ s ~ a ~ R ° e g q m m q ° ° u ; 4 ° 4 4 4 ~ ~+ € f 3 3 3 3 3 3 3 3 3 3 3 3 3 R N ~ . ~ ~ E 2 E E E E E t f 3 - E 9 S 4 i 4 ~ R V ~ ~ ~ ~ "s : 4 5 4 °"s S 4 ,~ 3 a a a i g i ~ f 3 f ~ ~ i ~ i 6 F+agt- ~"6f 4.. v - -- ~ m 3iT 3~~i _~ r t rj ~ m m _ ~ ~ ~ - f ~ IN m - 1 f ~_ 1 'J,I m ~~ o ? _ -+ i ~ ~ K_ G D _ O i I O ~ -i F L_ Z ~ ~ Z m -- W D L, ~ G7 ~ ~ i k . m ~ - z I ~' c O O n ~ T7 ~!1. - C _ m i = ~ _ ~ - ~ 0 1 's 3 „-~ i _~ _' i m r ~' m < '~' .D D - - ~ k ~ O i - Z O ~ - - C ~ _ 2 ®~ m ~ ~ o - ': C ~~ i - ,; - _ m ~ ~ c = 1~ ~ _ m cDn 4 - -- i _. € ~ ~ ~~_ ~" m D ~_'~:~ ~cCl7 D 3Q 3-;34 3el - - . -- - -,3.,, 1 --i O ' p z m z r ~ n ~ O ~ '-I' < ~ m ~ ~ i~ ~ ® i~ ~ ~ - ~ '~ m O i ~ ~ z _ v - i ~ _ z i' 0 ~ ~ _ i ~ i O ~`J ~ Jy _c - m - D i O b - i _ m OO ~OO~O €€~ O O O OHO O O OOO m ~ ~~€ ~€ ~~~~g ~~ oa~ pp~~ m ~ gg~ ~n ~ ~ ~ °~aC~~ ~ a~~ 8~~ a~ ~ - a€ $ ~ a[~[a a ~ a€ ~~ D ~~~ ~gg ~~€~~~ $ ~ s F~ ~ $ E~ ~ ~ ~ ~ Y and R Rx~ gs~ ~R ~ g~~ ~ R ~dI<~R~ ,~ :~ ~ ~ ~ ~~ gg~ x~ ~ ~~ s ~ n ~ ~ cos x .~~ d &? "g~' z qg gg $ gF-~~ ~ ~. a ~ ~ n ~9 ~ o~~ R g~l!~ RR ~e ~ ~ ~ dx p ~ ~~ ~ F ggg~F.@ gtg R m~ ~ F i Y$ o e ~ Y° ~ S° L g ~~ ~ ~~m~s ~ S ~ ~ ~a~€~~s 3 i R k e g ) gy _ _ ~/ ~~ < ~~ ~ ~_~~ ~ m b ~ ~ ~ ~ PMR, INC. NEW RESIDENCE ~~~~y~ § W $ n ~ ° ~!€~9d': ~~b~ 0 407 N. McCLAY ST. ~~ ~ ~ ~ ~ ~ ! ~ z ~€M~~ ~ ' ~' I Irk ~ SANTA ANA, CA 92707 ~ ~~a ~ ~---'' /~~~6'~F KO- 8/29/06 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING THE REQUEST TO AMEND THE GENERAL PLAN DESIGNATION, AND DENYING THE REQUEST TO REZONE THE PROPERTY LOCATED AT 407 NORTH MCCLAY STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. General Plan Amendment No. 2006-01 has been filed with the City of Santa Ana to amend the General Plan to change the general plan designation from Professional and Administrative Office (PAO) to low Density Residential (LR-7). Applicant has also filed Amendment Application No. 2006-03 to rezone a parcel from Professional (P) to Single-Family Residence (R1) for the property located at 407 North Mcclay Street. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on July 24, 2006 on General Plan Amendment No. 2006-01 and Amendment Application No. 2006-03. The Planning Commission determined by a vote of 4:0 (Gartner and Lutz absent) to recommend that the City Council adopt a resolution denying General Plan Amendment No. 2006-01 and Amendment Application No. 2006-03. C. On August 21, 2006, the City Council of the City of Santa Ana held a duly noticed public hearing on General Plan Amendment No. 2006-01 and Amendment Application No. 2006-03. At the applicant's request, the City Council continued the public hearing to the September 5, 2006 meeting. On September 5, 2006 the City Council continued the matter to October 2, 2006. D. The land uses found along Fourth Street between Grand Avenue and the Santa Ana (I-5) Freeway consist mainly of both office and residential development. Except for the existing elementary school and the commercial zoned properties abutting Grand Avenue, all properties in this corridor are zoned Professional (P) and have a General Plan land use designation of Professional and Administrative Office (PAO). Resolution No. 2006-XXX Page 1 of 3 75B-25 E. The Circulation Element of the General Plan classifies Fourth Street as a primary arterial street. Policy 4.5 of the Land Use Element encourages the development of employment centers that are adjacent to major arterial roadways such as Fourth Street. F. The current zoning and general plan designations facilitate a future employment center by allowing the conversion of residences along Fourth Street into viable office projects. G. The proposed General Plan Amendment No. 2006-01 to change the general plan designation from Professional and Administrative Office (PAO) to low Density Residential (LR-7) and the Amendment Application No. 2006-03 to rezone a parcel from Professional (P) to Single-Family Residence (R1) for the property located at 407 North Mcclay Street does not bear a substantial and reasonable relationship to the public welfare. H. The rezoning of 407 North Mcclay Street would be arbitrary and would not be consistent with the appropriate planning or land use criteria. I. In accordance with the California Environmental Quality Act, the proposed project is not a project as defined by the California Environmental Quality Act. Section 2. The City Council of the City of Santa Ana after conducting the public hearing hereby denies General Plan Amendment No. 2006-01, and Amendment Application No. 2006-03. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Council Action dated August 21, 2006 and exhibits attached thereto; the Request for Council Action dated September 5, 2006 and exhibits attached thereto; the Request for Council Action dated October 2, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this day of 2006 Miguel A. Pulido Mayor Resolution No. 2006-XXX Page2of3 75B-26 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the attached Resolution No. 2006-XXX to Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2006-XXX Page 3 of 3 Council, do hereby attest to and certify the be the original resolution adopted by the City 75B-27 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 407 NORTH MCCLAY STREET FROM PROFESSIONAL (P) TO SINGLE-FAMILY RESIDENCE (R1) (AA NO. 2006-03) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Amendment Application No. 2006-03 has been filed with the City of Santa Ana to rezone the property located at 407 North McClay Street from Professional (P) to Single-Family Residence (R1). B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on July 24, 2006 on General Plan Amendment No. 2006-01 and Amendment Application No. 2006-03. The Planning Commission determined by a vote of 4:0 (Gartner and Lutz absent) to recommend that the City Council adopt a resolution denying General Plan Amendment No. 2006-01 and Amendment Application No. 2006-03. C. On August 21, 2006, the City Council of the City of Santa Ana held a duly noticed public hearing on General Plan Amendment No. 2006-01 and Amendment Application No. 2006-03. At the applicant's request, the City Council continued the public hearing to the September 5, 2006 meeting. On September 5, 2006 the City Council continued the matter to October 2, 2006. D. The adjacent properties on North McClay Street are zoned R1 with general plan designation of Low Density Residential (LR-7). E. Based upon the evidence referenced herein, including all oral testimony before the Planning Commission and the City Council at their respective public hearings, the proposed Amendment Application No. 2006-03 to rezone property located at 407 North McClay Street from Professional (P) to Single-Family Residence (R1) bears a substantial and reasonable relationship to the public welfare. F. Based upon the evidence referenced herein, including all oral testimony before the Planning Commission and the City Council at their respective public hearings, the rezoning of 407 North McClay Street would be consistent with the appropriate planning and land use criteria. 75B-28 G. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15332. This Class 32 exemption allows the construction of infill projects on sites less than five acres in size. Categorical Exemption No. 2006-25 will be filed for this project. Section 2. The City Council of the City of Santa Ana after conducting the public hearing hereby approves Amendment Application No. 2006-03. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to:; the Request for Council Action dated August 21, 2006 and exhibits attached thereto; the Request for Council Action dated September 5, 2006 and exhibits attached thereto; Request for Council Action dated October 2, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The real property located at 407 North McClay Street in Santa Ana is hereby reclassified from Professional (P) to Single-Family Residence (R1). Amended Sectional District Map number 8-5-9 showing the above described change in zoning district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. (AA No. 2006-03). Section 4. The Clerk of the Council shall attest to and certify the vote adopting this Ordinance. ADOPTED this day of , 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney 75B-29 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- 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 75B-30 LAND USE ELEMENT SANTA ANA GENERAL PLAN City of Santa Ana Planning Division Adopted February 2, 1998 The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by Santa Ana City Council February 2, 1998 (GPA 1997-05): GPA 2006-01 (October 2, 2006), GPA 2005-01 (December 5, 2005), GPA 2005-02 (October 17, 2005), GPA 2004-01 (April 5, 2005, as passed by the voters of Santa Ana), GPA 2004-04 (July 19, 2004), GPA 2004-06 (July 6, 2004), GPA 2003-02 (June 16, 2003), GPA 2003-01 (February 18, 2003), GPA 2002-01 (September 3, 2002), GPA 2002-03 (August 19, 2002), GPA 2001-03 (February 19, 2002), GPA 2001-02 (January 7, 2002), GPA 2000-09 (May 7, 2001), GPA 2000-08 (February 5, 2001), GPA 2000-03 (December 4, 2000), GPA 2000-02 (November 20, 2000), GPA 1999- 02 (October 18, 1999), GPA 1999-01 (August 16, 1999), GPA 1998-04 (October 5, 1998), GPA 1998-05 (September 21, 1998), GPA 1998-01 (May 4, 1998). 75B-31 . ~ y o-~ ~~ ~ ~~ ~~~ ~. .y$ ~ ~ o # ~ ~ ~ ~ ~ ~ ~ ~ ~ 8 a . 75B=32 m Vi vi 7 V h N ~ •~ ~ N q O G G O G O *o ° p n 6 ~w49a dAOA~ryo ov~ P~4 ~ •y Q U ~ M rv en2 ~ ~ Y W ~ A• ~ ^' ~~ ~ ~ ~ a ~..~Q w ~ ~ ~ ~~~~ 9 a ~ ~ ~ ~ erg' z o 3~~~~Yb~'S~~Z ~~~R~S 9~~YO ~J E L ~ ~~~ ~~ ,~ II ~ Psi L..~ ._.. -Ad1d~p~dd~_F..ss~d.~. tad R.F. w) ~ ~- ,.-x-~ c-1 N Q . _ ..75B-33 __ . _ _ _ LAND USE ELEMENT • To encourage lot consolidation for optimal site design, the floor area ratio can be calculated on an area wide basis for contiguous parcels which are part of a large, multi-structure project. To qualify for an area wide floor area ratio calculation, a project must be integrated in design and function, and the owner/developer must record deed restrictions limiting the project area to the legally allowed floor area ratio. Land Use Designations The Santa Ana Land Use Plan includes 11 land use designations. These designations indicate the types and intensity of development to be allowed on the property which they cover. Generally, the designation also reflects the predominant development character of the area. As is typical in older, urbanized communities like Santa Ana, there are some areas where existing development does not completely reflect the land use designation of the Land Use Plan. Where these occur the properties are deemed legal conforming and may continue until such time as the property has been vacant for twelve months or more. Each land use designation and a brief description are discussed below. Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other designations: District Center and Residential/Industrial. The Santa Ana Land Use Plan includes the following residential land use designations: • The Low Density Residential (LR-7) designation applies to those areas of the City which are developed with lower density residential land -uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily by single-family homes. This designation applies to a large proportion of the City (6,474.5 acres) representing 47 percent of the City's total land area. The Low-Medium Density Residential (LMR-11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to 11 units per acre. The land area included in this designation is .approximately 443 acres. The great majority of the land designated as Low-Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile Revised (adoption date) Q-~ 7 ._. _ 75B-34 LAND USE ELEMENT Table A-4 indicates the development possible under the build-out of the Land Use Plan. The build-out for residential land uses considered two scenarios. Effective build-out for residential development is calculated by adding the 3,232 units possible in the areas designated as District Center to the existing 74,588 units presently found in the City. Theoretical build-out for residential development considered the development possible if all of the areas designated as residential were developed according to the permitted Land Use Plan intensities. Since the Land Use Element does not contemplate the elimination of existing housing in the City, the effective build-out figure represents a more realistic estimate of future residential development. As indicated in Table A-4, four of the non-residential land use designations have a range in FAR intensities. For the non-residential land use designations, effective build-out considered the development possible under the lower range of FAR intensities while theoretical build-out considered the upper FAR range. Typically, parking and landscaping requirements will result in significantly less floor area for commercial and industrial developments than that which is permitted under the General Plan. As indicated in Table A-4, between 59,717 to 77,820 housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical build- out scenario are a reflection of the higher density multiple-family developments constructed in the 1970's and 19$0's. However, the purpose of the Land Use Plan as its applies to the residential areas is to preserve and maintain the stability of existing neighborhoods, regardless of the character of development. The intent of the Plan is not to create any displacement, nor decrease existing development densities. Rather, it is to ensure a safe, healthy, and livable environment for City residents. Existing residential development entitlements are protected through this Land Use Element, applicable Zoning regulations, and sections of the City code pertaining to legal nonconforming uses. The Land Use Element's implementation may result in an increase in the amount of commercial, office, and industrial development in the City. As indicated in Table A-4 up to 54,552,017 square feet of commercial and office development, and 44,891,128 square feet of industrial development are possible under the effective capacity parameters of Land Use Plan. Revised (adoption date) A-30 75B-35 Amended Table A•4 Land Use Plan Build-out Capacities Intensity/ Density Effective Theoretical Land Use Acres Standards Build-out1 Build-out Residential Low Density Residential LR-7 6,474.5 ac. 7 d.u/ac. 45,322 d.u. Low Medium Density Residential LMR-11 443.1 ac. 11 d.u/ac. 4,875 d.u. Medium Density Residential MR-15 410.0 ac. 15 d.u/ac. 6,150 d.u. Residential /Industrial 2 R/1 -15 9.2 ac. 15 d.u/ac. 138 d.u. District Center 3 DC 35.9 ac. 90 d.u/ac. 3,232 d.u. Su bT©tal 7,372.7 ac. 77,820 d.u. 1 59,717 d.u. Commercial Professional & Administrative Office PAO 725.0 ac. FAR 0,5-1.0 15,791,371 s.f. 31,5$2,742 s.f. General Commercial GC 1,108.3 ac. FAR 0.5-1 .0 24,138,121 s.f. 48,276,241 s.f. District Center 3 DC 323.2 ac. FAR 1 .0-2.0 14,079,332 s.f. 28,158,665 s.f. One Broadway Plaza District Ctr 5 SubTotal OBPDC 4.3 ac. 2,160.8 ac. FAR 2.9 543,193s.f. 54,552,017 s.f. 543,193 s.f. 108,560,841 s.f. Industrial Industrial IND 2,280.9 ac. FAR 0.45 44,710,202s.f. 44,710,202s.f. Residential ilndustriaiz R/l -15 18.5 ac. FAR 0.45 180,926 s.f. 180,926 s.f. SubTotal 2,290.1 ac. 44,891,128 s.f. 44,891,128 s.f. Other Institutional 4 INS 812.6 ac. FAR 0.2-0.5 7,079,023 s.f. 17,697,557 s.f. Open Space OS 1,019.0 ac. FAR 0.2 8,877,876 s.f. 8,877,876 s.f. SubTotal 1,831.6 ac. 15,958,899s.f. 26,575,433 s.f. Notes: 1 Effective capacity fornon-residentialdevelopmentassumesdevelopmentpossibleunderthelowerrange of FAR intensity standards. Residential effective capacitywas calculated by adding the 3,232 units possible in the District Centerwith the existing 74,588 (Census 2000) housing units. 2 Land use designation permits both residential and industrial development. Build-out assumed 50% of the land area will be developed as residential and 50% as industrial development. 3 Land use desgination permits both residential and commercial development. Build-out assumes 90% of land area will be developed as commercial and 10°1°will be developed as residential. FAR -floor area ratio, d.u.-dwelling units, s.f. -square feet (offloor area). Acreage shown in table does not include roads inright-of-way. 4 Effective capacity assumes FAR of 0.2. 5 Land use designation permits high intensity office development with ancillary retail use. This table has been revised to correspond with the G/S Land Use Map illustrated in Exhibit 2. Revised (adoption date) A -31 75B-36 KO- 9/27/06 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE REQUEST TO AMEND THE GENERAL PLAN DESIGNATION FROM PROFESSIONAL AND ADMINISTRATIVE OFFICE (PAO) TO LOW DENSITY RESIDENTIAL (LR-7) FOR THE PROPERTY LOCATED AT 407 NORTH MCCLAY STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. General Plan Amendment No. 2006-01 has been filed with the City of Santa Ana to amend the General Plan to change the general plan designation from Professional and Administrative Office (PAO) to low Density Residential (LR-7). Applicant has also filed Amendment Application No. 2006-03 to rezone a parcel from Professional (P) to Single-Family Residence (R1) for the property located at 407 North McClay Street. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on July 24, 2006 on General Plan Amendment No. 2006-01 and Amendment Application No. 2006-03. The Planning Commission determined by a vote of 4:0 (Gartner and Lutz absent) to recommend that the City Council adopt a resolution denying General Plan Amendment No. 2006-01 and Amendment Application No. 2006-03. C. On August 21, 2006, the City Council of the City of Santa Ana held a duly noticed public hearing on General Plan Amendment No. 2006-01 and Amendment Application No. 2006-03. At the applicant's request, the City Council continued the public hearing to the September 5, 2006 meeting. On September 5, 2006 the City Council continued the matter to October 2, 2006. D. The adjacent properties on North McClay Street are zoned R1 with general plan designation of Low Density Residential (LR-7). E. Goal 3 of the Land Use Element of the General Plan is to preserve and improve the character and integrity of existing neighborhoods. Resolution No. 2006-XXX Page 1 of 3 75B-37 F. Goal 2 of the Housing Element of the General Plan states to maintain, preserve and revitalize residential neighborhoods and support quality housing for all economic groups within the community. G. The proposed General Plan Amendment No. 2006-01 to change the general plan designation from Professional and Administrative Office (PAO) to Low Density Residential (LR-7) is consistent with the above referenced policies in the General Plan and therefore, bears a substantial and reasonable relationship to the public welfare. H. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15332. This Class 32 exemption allows the construction of infill projects on sites less than five acres in size. Categorical Exemption No. 2006-25 will be filed for this project. Section 2. The City Council of the City of Santa Ana after conducting the public hearing hereby approves General Plan Amendment No. 2006-01. The pages changed in the Land Use Element are attached hereto as "Exhibit A" and incorporated by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Council Action dated August 21, 2006 and exhibits attached thereto; the Request for Council Action dated September 5, 2006 and exhibits attached thereto; the Request for Council Action dated October 2, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. Section 4. This Resolution shall take effect thirty (30) days after its adoption by the City Council; provided however, that if Ordinance No. NS- is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. ADOPTED this day of 2006 Miguel A. Pulido Mayor Resolution No. 2006-XXX Page 2 of 3 75B-38 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2006-XXX Page 3 of 3 75B-39 75B-40 REQUEST FOR COUNCIL/AGENCY ACTION MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 2, 2006 TITLE: CONTRACT AWARD FOR MP,IN STREET ARCHWAY SIGN AT BROADWAY PLACE (PROJECT NO. 9209) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For 7i CITY MANAGER EXECUTIVE (RECTOR RECOMMENDED ACTION CONTINUED TO FILE NUMBER 1. Award a contract to LNI Custom Manufacturing, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $220,100 for manufacturing and installation of the Main Street archway sign. 2. Approve a Funding Analysis with a total estimated construction cost of $308,105. 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a Cooperative Agreement between the City of Santa Ana and the Community Redevelopment Agency for the manufacturing and installation of the Main Street archway sign. CONIl~7NITY REDEVELOPMENT AGENCY ACTION Direct the Agency General Counsel to prepare and authorize the City Manager and the Clerk of the Council to execute a Cooperative Agreement between the City of Santa Ana and the Community Redevelopment Agency for the manufacturing and installation of the Main Street archway sign. 80A-1 Contract Award for Main Street Archway Sign at Broadway Place (Project No. 9209) October 2, 2006 Page 2 DISCUSSION On February 21, 2006, The Agency awarded Graphic Solutions a contract to design the archway sign spanning over Main Street north of Broadway Place (Exhibit 1). The sign is a replica of the old historic sign that once stood across Main Street. The archway sign spans 87 feet across the street and will provide a maximum clearance of 18 feet above the roadway surface. The archway sign will enhance the appearance of the Main Street corridor. The Notice Inviting Bids was advertised on June 30 and July 3, 2006, and bids were opened on September 12, 2006. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 1 Contractors requesting bidding documents: 6 Bids received: 2 Bids received from Santa Ana Contractors: 0 NAME OF BIDDER CITY BID AMOUNT 1. LNI Custom Manufacturing, Inc. Hawthorne $ 220,100.00 2. Superior Electrical Advertisings Long Beach $ 274,999.60 A total of two bids were received and both were responsive. LNI Custom Manufacturing, Inc. advised City staff that Bid Item #4 unit price was incorrect as the product of their unit price multiplied by the quantity is inaccurate. However, the bid amount is correct and the clerical error does not change the total amount of the bid. After reviewing both bid proposals, staff noted that Superior Electrical Advertisings made the same mistake. Staff has found sufficient grounds to accept this clerical error and recommends that LNI Custom Manufacturing, Inc.'s request be granted. The lowest bid was submitted by LNI Custom Manufacturing, Inc. for $220,100, which is below the Engineer's estimate of $369,500. 80A-2 Contract Award for Main Street Archway Sign at Broadway Place (Project No. 9209) October 2, 2006 Page 3 ENVIRONMENTAL IMPACT An Environmental Review (No. 2006-020) has been completed and a Categorical Exemption has been filed for the project pursuant to the California Environmental Quality Act. FISCAL IMPACT The Funding Analysis shows a total estimated construction cost of $308,105 for the project (Exhibit 2). Due to the anticipated potential underground utility conflict, the contingency of this project is 250 of the contract amount. Funds are available in the South Main Corridor Fund (account no. 553-936-6631). APPROVED AS TO FUNDS AND ACCOUNTS: U Ja es G. Ross ~ Francisco Gutierrez E ecutive Director Executive Director ublic Works Agency Finance & Mgt. Services Agency C~I W I l~ C~i"~'~ G=~~C/ Nancy T. dwards Assistant Director Community Development Agency JGR/SGH/mlr 80A-3 80A-4 EXHIBIT 2 FUNDING ANALYSIS PROJECT 9209 MAIN STREET ARCHWAY SIGN AT BROADWAY PLACE Construction Contract Contract Administration Inspection and Testing Survey Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS $220,100 9, 480 16, 500 7,000 55,025 $308,105 80A-5 i 80A-6