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HomeMy WebLinkAbout FULL PACKET_2006-12-04REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE: APPROPRIATION ADJUSTMENT - WORKFORCE INVESTMENT ACT ADDITIONAL FUNDS 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 Approve an Appropriation Adjustment recognizing additional revenues of $837,200 in Workforce Investment Act Title I Adult, Dislocated Worker, and Youth funds from the State of California. DISCUSSION The State of California has recently announced the final funding allocations for the Workforce Investment Act (WIA) Title I programs for Fiscal Year 2006-07. The total amount to be awarded to the City of Santa Ana for Adult, Dislocated Worker and Youth Programs is $3,320,270. A planning figure of $2,316,140 was included in the City Council approved 2006-07 City budget. Council approved an appropriation adjustment for $166,930 recognizing the additional funding for the Youth program on June 9, 2006. This new appropriation adjustment will increase the budget for the WIA Adult program by $349,275, the WIA Dislocated Worker program by $205,245 and the WIA Youth program by an additional $198,960. WIA regulations allow ten percent of the grant to be used for administration. Therefore, an additional $10,000 will be allocated to the One Stop administration budget and $73,720 will be allocated to the WIB administration budget. These program funds will be used to provide additional training, supportive services and assessment for the eligible residents of Santa Ana as well as those who are affected by layoffs from Santa Ana businesses. The administrative funds will be used to cover the expenses of the Workforce Investment Board and the One Stop Administrative staff. As a result of the increase in the Youth funds and the need for additional oversight of the Youth program, a previously unfunded Workforce Specialist I position will be funded and filled during the remaining six months of the 2006-07 fiscal year. 20A-1 WIA Additional Funds December 4, 2006 Page 2 FISCAL IMPACT Upon approval of the appropriation adjustment, funds will be available in the Workforce Investment Act Adult program account (account no. 123-173- various), the Workforce Investment Act Dislocated Worker program account (account no. 123-174-various), the Workforce Investment Act One Stop Youth account (account no. 123-175-various), the Workforce Investment Act Youth Council account (account no. 123-188-6933), the Workforce Investment Act One Stop Administration account (account no. 123-172- 6291), and the Workforce Investment Act WIB Administration account (account no. 123-186-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Step en G. Har ing ~ancisco Gutierrez C~ Deputy City Manager for ~ Executive Director -1l Development Services Finance & Management Services Agency Community Development Agency SGH/LM/mlr H:\ACTIONS\2006 CC\WIA 06-07 addtl funds REVISED 12-4-06.doc 20A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE:' CONTRACT RENEWAL FOR PREPAID GASOLINE CARDS (SPEC. NO. 04-141) CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with SVM, LP for the purchase of prepaid gasoline cards for a one-year period in the annual amount not to exceed $80,000 DISCUSSION The Community Development Agency's Santa Ana W/O/R/K Center manages several programs including Workforce Investment Act (WIA), Federal Empowerment Zone (FEZ) and Special Projects. Participant clients are offered supportive services including gasoline vouchers to find and retain employment. A prepaid gasoline-only card program enables clients to purchase competitively priced gasoline at their local neighborhood gas stations, as opposed to a single station designated by the W/O/R/K Center. The prepaid card program streamlines the current voucher system by eliminating the time required to process the vendor invoices. Additionally, Personnel Service Agency issues prepaid cards as awards on employee programs. December 20, 2004, the City Council awarded a contract to SVM, LP for a one-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 with a 3.5 percent reduction in the administrative costs. Staff recommends authorizing the final renewal of the contract. 22A-1 Contract Renewal December 4, 2006 Page 2 FISCAL IMPACT for Prepaid Gasoline Cards Funds are available in the various Community Development Grant Programs (object code 6937) in the amount of $75,000; and the Personnel-Air Quality Improvement Other Agency Services account (account no. 31-141-6191) in the amount of $5,000. APPROVED AS TO FUNDS AND ACCOUNTS: .~ . Steve G. Hard'ng Deputy City Manager for Development Services Enrique Al a Execut' Di ec r Personnel Services SGH/EJA/KM/04-141RF.15:uc ~j~C Francisco Gutierrez Executive Director Finance & Mgmt. Service Agency 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE: CONTRACT AMENDMENT FOR FIREFIGHTER PROTECTIVE CLOTHING (SPEC. NO. 05-102) 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 Amend the contract with L.N. Curtis & Sons for the purchase of firefighter protective clothing by $35,735, for a total amount not to exceed $113,607. DISCUSSION In an effort to protect fire suppression personnel in the performance of their. duty, the Fire Department Maintenance Section provides protective clothing for approximately 225 firefighters and 80 reserve firefighters. The ensemble includes, but is not limited to, turnout trousers, turnout coats and rubber boots. The ensemble is worn on all structure fires, vehicle accidents, hazardous material incidents and most training sessions, and over a period of time, it deteriorates due to excessive use. The California Occupational Safety and Health Administration mandates minimum requirements for firefighter protective turnout clothing, and the National Fire Protection Agency requires replacement after a five-year service life, or as necessary to replace worn gear. The Santa Ana Fire Department Maintenance Section keeps a minimum inventory of this ensemble in storage. The items in storage are issued and replaced on an as-needed basis. On November 21, 2005, the City Council awarded a contract to L.N. Curtis & Sons for protective clothing. Since L.N. Curtis & Sons was the sole responsive bidder, staff believes solicitation for subsequent bids would be an idle act and recommends approval of the contract amendment. An additional contingency amount has been included to allow for unanticipated purchases. 22B-1 Contract Amendment for Protective Clothing December 4, 2006 Page 2 FISCAL IMPACT Funds are available in the Fire Maintenance Operating Materials & Supplies account (account no. 11-327-6391) APPROVED AS TO FUNDS AND ACCOUNTS: y~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE: CONTRACT AMENDMENT POLES AND FIXTURES (SPEC. NO. 06-085) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended FOR LIGHT ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ n ~,_ / ~/, j , CITY AN GER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Amend the contract with Beard Electric to increase the aggregate limit by $15,768 for light poles and fixtures for an amount not to exceed $41,436. DISCUSSION The lighting system at Bomo Koral Park was installed over 30 years ago. Some of the existing poles have been damaged from weather, irrigation and other environmental forces. On July 17, 2006, Council awarded a contract to Beard Electric to provide and install eight security lighting fixtures on the existing foundation at Bomo Koral Park. Upon removal of the existing pole and fixtures, the contractor noted that the existing foundation anchor bolts were corroded or loose, and the concrete footings were cracked, rendering the foundation structurally deficient. This condition was not visible until the existing poles and fixtures were removed. The amendment will allow the contractor to remove the existing concrete foundation, re-pour a new concrete foundation, and install pull boxes and conduits necessary for the new security lighting fixtures. To allow for unanticipated requirements, a $5,000 contingency has been included in the award amount. 22C-1 Contract Amendment July 17, 2006 Page 2 FISCAL IMPACT for Light Poles Funds are available in the Recreation & Community Service Facilities Maintenance Other Contractual Services account (account no. 11-260-6291). APPROVED AS TO FUNDS AND ACCOUNTS: `~i~~E' -t~T Gerardo Mouet Executive Direct r Parks, Rec. & Comm. Svcs. Agency GM/BP/06-085A.8:uc ~CFrancisco Gutierrez _p Executive Director ~`^ Finance & Mgmt. Services Agency 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE: CONTRACT AMENDMENT FOR HYBRID MIDSIZE VEHICLE (SPEC. NO. 06-145) ITY MANAGER -- RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Amend the contract with Wondries Fleet Group 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. The Public Works Agency's Traffic Division utilizes four-door passenger sedans to perform routine business covering staff management of 300 traffic signals and 32 closed circuit television cameras. In addition, the staff works with local contractors on traffic control and consults with the signal maintenance contractors. The division's current loaner pool sedan has proven to be undependable due to age, mileage and condition and has been approved for replacement in the current fiscal year. The purchase of a Toyota Camry hybrid sedan conforms to the criteria established for the acquisition of hybrid vehicles. On October 2, 2006, the City Council awarded a contract to Wondries Fleet Group for the purchase of one Toyota Camry hybrid. The vendor has offered to extend the same terms and conditions for one additional hybrid vehicle. Therefore, staff recommends amending the contract with Wondries Fleet Group. 22D-1 Contract Amendment for Hybrid Midsize Vehicle December 4, 2006 Page 2 FISCAL IMPACT Funds are available in the Traffic Engineering Machinery & Equipment account (account no. 86-621-6641). APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross Executive Director Public Works Agency JGR/KM/06-145.9:uc ,,k Francisco Gutierrez ''J''~ Executive Director Finance & Mgmt. Services Agency 22D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE: CONTRACT AWARD FOR COMPACT TRUCKS (SPEC. NO. 06-159) ~~~ / ~/ r~ ~ - / l/ ---- 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 Award a contract to George Chevrolet for the purchase of 11 compact trucks in an amount of $223.,126.07. 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 compact truck category. The current year's vehicle replacement list includes 10 compact trucks with six Chevrolet, two GMC and two Ford from 1992 to 1999. Six City Agencies use compact trucks in their daily operations. Due to age, mileage and condition, 10 compact trucks have been approved for replacement in the current fiscal year. One additional compact truck with a crew cab is being added to the Public Works Agency's Water Resources Division. The notice inviting bids was advertised on October 23 and 25, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 21 Invitations For Bid mailed 1 Invitation for Bid mailed to Santa Ana vendor 5 Bids received Bids were received, opened on November 8, 2006, and evaluated (Exhibit 1). Staff contacted the Santa Ana vendor who stated that current staffing levels prevented their ability to respond to the Invitation For Bid at this time. The bid from George Chevrolet is responsive to the specifications and meets the City's requirements. 22E-1 Contract Award for Compact Trucks December 4, 2006 Page 2 FISCAL IMPACT Funds are available in the Fleet Services Equipment Replacement Machinery & Equipment account (account no. 76-145-6641) for $200,904.76; and Water Quality & Measurement Machinery & Equipment account (account no. 64-578- 6641) for $22,221.31. APPROVED AS TO FUNDS AND ACCOUNTS: lJames G. Ross Executive Director Public Works Agency JGR/KM/06-159.9:uc ~~ ~ ~r J~ ~' f e ikFrancisco Gutierrez 7`Executive Director Finance & Mgmt. Services Agency 22E-2 ABSTRACT OF BIDS CONTRACT AWARD FOR COMPACT TRUCKS (SPEC. 06-159) VENDOR . GEORGE QUALITY BOB STALL LAKE MAURICE J. CHEVROLET CHEVROLET CHEVROLET CHEVROLET SOPP & SON LOCATION BELLFLOWER ESCONDIDO LA MESA LAKE ELSINORE HUNTINGTON PARK TERMS NET 30 NET 30 NET 30 NET 30 NET 30 9 PICKUP TRUCKS $ 165,378.33 $ 165,839.00 $ 165,355.25 $ 167,723.00 $172,786.00 1 TRUCK 2WD $ 20,614.90 $ 21,609.00 $ 21,910.15 $ 20,922.00 $ 21,977.00 1 TRUCK 4 WD $ 20,995.00 $ 21,279.00 $ 21,575.6 $ 20,568.00 $ 22,073.00 SUBTOTAL $ 206,988.23 $ 208,727.00 $ 208,840.95 $ 209,213.00 $216,836.00 SALES TAX 7.75$ $ 16,041.59 $ 16,176.34 $ 16,185.17 $ 16,214.01 $ 16,804.79 TIRE FEE $ 96.25 $ 96.25 N/A $ 96.25 INCL GRAND TOTAL $ 223,126.07 $224,999.59 $ 225,026.12 $ 225,523.26 $233,640.79 DELIVERY 60-120 DAYS 120 DAYS ARO 120 DAYS ARO 100-120 DAYS 90-120 DAYS VEHICLES CHEVROLET CHEVROLET CHEVROLET CHEVROLET CHEVROLET COLORADO COLORADO CS/CT SERIES COLORADO COLORADO 2007 2007 2007 2007 2007 SUMMARY OF BID AWARD GEORGE CHEVROLET TOTAL AWARD IN THE AMOUNT OF: $223,126.07 Exhibit 1 22E-3 22E-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE: CONTRACT AWARD FOR TON AND % TON TRUCKS (SPEC. NO. 06-162) :' ~. ,,- ,: ,: ,~; , , ~ •/ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award contracts for the purchase of one ~ ton in the amount of $243,560.75 and increas miscellaneous vehicle parts and repairs with amount not to exceed $15,000 annually. Vender: Location: Bob Stall Chevrolet La Mesa Villa Ford Orange DISCUSSION truck and seven % ton trucks e the aggregate limit for Bob Stall Chevrolet in an Amount: $ 39,530.37 $219,030.38 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 either the % ton or % ton truck category. The current year's vehicle replacement list includes eight large trucks with six Chevrolet, one GMC and one Ford from 1995 to 1997. Two belong to the Parks Maintenance Divisions of the Parks, Recreations and Community Services Agency and six belong to the Public Works Agency used in a variety of their daily operations. Due to age, mileage in excess of 53,000 miles and condition, the eight trucks have been approved for replacement in the current fiscal year. The notice inviting bids was advertised on October 23 and 25, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 22 Invitations For Bid mailed 1 Invitation for~y~l quailed to Santa Ana vendor 3 Bids receive F-1 Contract Award for ~ and % Trucks December 4, 2006 Page 2 Bids were received, opened on November 8, 2006, and evaluated (Exhibit 1). The bids from Bob Stall Chevrolet for the ~ ton truck and Villa Ford on the ton trucks are responsive to the specifications and meet the City's requirements. Bob Stall Chevrolet provides for the purchase of miscellaneous Chevrolet vehicle parts and repairs as required. The purchase of the ~ ton truck, 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 to $15,000. FISCAL IMPACT Funds are available in the Fleet Services Equipment Replacement Machinery & Equipment account (account no. 76-145-6641) for $243,560.75; and Equipment Maintenance Garage Operation Operating Material & Supplies account (account no. 75-111-6391) in the amount of $15,000. !~ Francisco Gutierrez ,~ f 7~` Executive Director ,`~ Finance and Management Services Agency FG/KM/06-162.2:uc 22F-2 ABSTRACT OF BIDS CONTRACT AWARD FOR 1/2-TON AND 3/4-TON TRUCKS (SPEC. 06-162) VENDOR VILLA FORD LAKE BOB STALL CHEVROLET CHEVROLET LOCATION ORANGE LAKE ELSINORE LA MESA TERMS 10~ / 25 DAYS NET 30 NET 30 TRUCKS 1/2-TON HYBRID TRUCK NO BID NO BID $ 22,766.00 SALES TAX 7.75s $ 1,764.37 TOTAL ON 1/2 TON TRUCK $ 24,530.37 3/4-TON TRUCK, EXTENDED CAB $ 33,331.42 $ 31,557.00 $ 31,572.44 3 EA 3/4-TON TRUCK REG. CAB $ 96,867.60 $ 87,264.00 $ 102,932.22 3 EA. 3/4-TON TRUCK TOOL BOX $ 73,014.27 $ 64,698.00 $ 80,869.23 SUB TOTAL $ 203,213.29 $ 183,519.00 $ 215,373.89 SALES TAX 7.75$ $ 15,749.03 $ 14,222.73 $ 16,691.5 TIRE FEE $ 68.06 $ 61.25. N/A TOTAL ~ $ 219,030.38 $ 197,802.98 $ 232,065.37 TERM DISCOUNT $ 21, 903.04 TOTAL ON 3/4-TON TRUCKS $ 197, 127.34 $ 197, 802.98 $ 232, 065.37 DELIVERY 1 80-250 DAYS 1 20-150 DAYS 240 DAYS VEHICLES FORD F250 CHEVROLET CHEVROLET 2008 CC2500HD 1500/2500 HD 2007 2007 SUMMARY OF BID AWARD TOTAL-AWARD IN THE AMOUNT OF: MISCEL PARTS AND LABOR Exhibit 1 VILLA FORD BOB STALL $219,030.38 $ 24,530.37 515,000.00 $ 39,530.37 22F-3 22F-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE: CONTRACT AWARD FOR FULL-SIZE PASSENGER VANS (SPEC. NO. 06-163) j -~ /f - , ;` 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 Award a contract to Burch Ford for the purchase of two full-size passenger vans in an amount of $47,427.50. 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 passenger van category. The Parks, Recreation and Community Services Agency Recreation Division uses full-size passenger vans to transport Community members to programs and events. Due to age, mileage in excess of 74,000 miles and condition, two 1992 Ford passenger vans have been approved for replacement in the current fiscal year. The notice inviting bids was advertised on October 23 and 25, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 21 Invitations For Bid mailed 1 Invitation for Bid mailed to Santa Ana vendor 6 Bids received Bids were received, opened on November 8, 2006, and evaluated (Exhibit 1). The bid from Burch Ford is responsive to the specifications and meets the City's requirements. Staff contacted the Santa Ana vendor who stated that current staffing levels prevented their ability to respond to the Invitation For Bid at this time. 22G-1 Contract Award for Passenger Vans December 4, 2006 Page 2 FISCAL IMPACT Funds are available in the Fleet Services Equipment Replacement Machinery & Equipment account (account no. 76-145-6641). 7~ Francisco Gutierrez 7 Executive Director Finance and Management Services Agency FG/KM/06-163.2:uc 22G-2 z 0.i O ~ ~ w z Q w H Q C/l .-. W c4 ~ ~ f+ 3 w ~ o ~ ~ W ~o H H N o U U H H H a w cn z a a ~ O ~ cn 0 o c o c v' F O O O r ~ N N N W Q ° H a H ~ ,~ ~ ~o o r c ~ E-+ H O Q O rl W H Ol 6~ Cf~ W a C4 z rn m ~ ~ ~ ~ 0 0 ~ ~ o w ~ W U z ~ rn M cn M Q fZ v' d x cn N ~ ~n ~n ~ r~ r U W o W r~ o yr ~r Vr yr ~r ~r ,~ x C7 0 ~ U U N z z ° o r r r h O O O O M M (`") H cn H o v~ co r ~n ~n ~ W a cn ~ ~n o rn O o ~ O ~ H ' H FC H o~ r ~ ~ <r FC fY. W fL W H CL W Z M r cn '~ ~ H C] ~ fx r ~ O ~ N ~ U z in N O W x W x o o ~ cn x u~ ur u~ H <,, yr rn U W N W o 0 ~ o M ~ [~ O o o ~ ~n ~ ~o cn W z o ~ o o r r r ~ H x ° ~ M ~ on ~ ~ ~ ~ Q W ~C ~ W H o O o a W W m ~ r~ o 0 0 ~ m x W z N ~ ~n ~n ~ ~ r, r U x i w M o ~ o x C7 0 a ur ~ ~ ~ ur yr rn U U N M ~ lO O 6l 61 O a m ~ u~ r r ~ ~ W W ,-i M N r r~ r~ '~" W ~ ~ O ~ O a M r ri ch ~ a M° N O ~ W E-~ m ~ ~ o o ° ~ a M° x U ' V w C7 W a w Z N ~ ~n ~n 61 w x ~ "' ai ~ x W o x W U ."'). V' U ~ ~ U ~ ~. ~ ~ ~ ~ ~ ~ Q ' ~ O O N ~' N v' ~ ~ p „ ~ O O W <f' M H ri ~ ~ ~ U' Q lO N 6l 61 H O H Q M r z ' rn rn o ,~ o ,~ rn W o a N O H N rl ~ l0 ~ Q O N a o 00 ~C7 O M C ~ CO '~ O H ~ N (/} ~ ~" V} U} ~ ~ U} v~ (R O w ~1 O O O O O O O In O In O In Vl ~1 O w O i,~ o 0 0 ~ r r . q m 7E c ~ O o O o rl c' '-I N a' N a o W r 0 i-+ x H N V' M N l 0 N 7+ N C r V~ r V' r t? f!} Lf fh 4} ~? O 01 ~ W Q H z "'z ono A z r.~ r.~ u~ H H ~ ~ r Ei (~ a a ~ ~ a w 0 z O w w H w H ° a w ~' ~ Q w O w a a a a F ~ ~ a x H ~ ~ a H ~ N c H ~ Ei C7 q ~ C/~ H +~ .~, .~ .~ k W 22G-3 22G-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE: CONTRACT AWARD FOR HYBRID FOUR-DOOR UTILITY VEHICLE (SPEC.. NO. 06-164) / ~` ; ,~', ,~~ ~ i = TY MA/NAGER 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 Miller Toyota of Anaheim for the purchase of one hybrid four-door utility vehicle in an amount of $33,690.32. 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 utility vehicle category. The Fire Department's Training Division uses four-door utility vehicles to transport fire fighters and equipment to training sites. In addition, the vehicles are fully stocked with standard emergency equipment to handle responses to fire alarm calls. Due to age, mileage above 60,000 miles and condition, one 1998 Chevrolet Blazer has been approved for replacement in the current fiscal year. The notice inviting bids was advertised on October 23 and 25, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 11 Invitations For Bid mailed 2 Bids received 22H-1 Contract Award for Hybrid Utility Vehicle December 4, 2006 Page 2 Bids were received, opened on November 8, 2006, and evaluated. results are as follows: Vendor Amount: Location: Miller Toyota of Anaheim $33,690.32 Anaheim Power Toyota of Cerritos $37,380.76 Cerritos Bid The bid received from Miller Toyota of Anaheim is responsive to the specification and meets the City's requirements for a Toyota Highlander hybrid utility vehicle. FISCAL IMPACT Funds are available in the Equipment Replacement Machinery & Equipment account (account no. 76-145-6641). _}~Francisco Gutierrez _(' ~f Executive Director ~`~I Finance and Management Services Agency FG/KM/06-164.2:uc 22H-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE: CONTRACT AWARD FOR FIRE HYDRANTS AND ACCESSORIES (SPEC.~NO. 06-166) 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 a contract to Wells Supply Company for fire hydrants and accessories for a one-year period, with provision for four, one-year renewals in an annual amount not to exceed $181,195. DISCUSSION In order to maintain fire safety standards, the Public Works Agency requires an assortment of fire hydrants and accessories. The items are purchased through the Central Stores warehouse for distribution. The contract for the supplies is designed to provide quality products at significant savings based on quantity pricing. The notice inviting bids was advertised on November 3 and 6, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 15 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 November 15, 2006, and evaluated. The bid received from Wells Supply Company, a Santa Ana vendor, is responsive to the specification and meets the City's requirements. 221-1 Contract Award for Fire Hydrants and Accessories December 4, 2006 Page 2 FISCAL IMPACT Funds are available in the Water Acquisition & Construction Capital accounts (account nos. 64-575-6391 --~ G~~~ James G. Ross Executive Director Public Works Agency System Maintenance and Water Utility Expense Operating Materials & Supplies and 66-578-6391). APPROVED AS TO FUNDS AND ACCOUNTS: /Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency JGR/WO/06-166.9:uc 221-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE: CONTRACTS AWARD FOR FIRE DEPARTMENT UNIFORMS (SPEC. NO. 06-168) ~ _. H , j :' ~% ~' CITY A A ER RECOMMENDED ACTION 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 1. Reject the bid from The Mallory Company as nonresponsive to the specification. 2. Award contracts for Fire Department uniforms for a three-year period, with provision for two, one-year renewals in the annual aggregate amount not to exceed $220,000 with the following vendors: Vendor: Location: Carmen's Uniforms, Inc. Santa Ana Galls, An Aramark Co, LLC Burbank DISCUSSION The Fire Department requires uniforms to outfit new personnel and to provide replacement uniforms when necessary for approximately 225 employees. Uniforms identify department personnel by assigned duties and provide a professional appearance. In addition, other agencies provide may require miscellaneous related uniform items such as belts, boots and City sponsored t-shirts for their normal operations and to comply with safety requirements. The notice inviting bids was advertised on November 8 and 10, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 5 Invitations For Bid mailed 2 Invitations For Bid mailed to Santa Ana vendor 2 Bids received 1 Bid received from a Santa Ana vendor 22J-1 Contracts Award for Fire Uniforms December 4, 2006 Page 2 Bids were received, opened on November 16, 2006, and evaluated. The bid received from The Mallory Company quoted on only 27 percent of the uniform line and was considered nonresponsive. The bids received from Carmen's Uniforms, Inc., a Santa Ana vendor, and Galls, An Aramark Co., LLC are responsive to the specifications and meet the City's requirements. The contract award includes the purchase of Class A dress uniforms for all uniformed employees and funding to complete final payment on outstanding invoices. Both local uniform suppliers provide miscellaneous uniforms as required for several City departments including the Park Rangers in Security Services Section of the Parks, Recreation and Community Services Agency. As such, an annual aggregate amount not to exceed $20,000 for blanket order contracts with Carmen's Uniforms, Inc. and Galls, an ARAMARK Co., LLC will handle the uniform requirements for agencies who require special uniform clothing for department staff. FISCAL IMPACT Funds are available in the Fire Maintenance Uniforms & Tools account (account no. 11-327-6331) in the amount of $200,000; and various departmental Operating Material & Supplies account (object code 6391) in the annual amount of $20,000. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22J-2 PMG/KM/06-168.3:uc REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE: CONTRACT AWARD FOR HYBRID. UTILITY VEHICLE (SPEC. NO. 06-160) ~~ ;% ~~. CIT 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 Award a contract to Burch Ford for the purchase of one Ford Escape hybrid utility. vehicle in the amount of $26,408.90. 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 utility vehicle category. The Public Works Agency's Construction Engineering Department uses utility vehicles to transport staff and equipment to local construction sites for consultations and review of building codes. Due to age and conditions, one 1994 Dodge Intrepid has been approved for replacement in the current fiscal year. The notice inviting bids was advertised on October 23 and 25, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 8 Invitations For Bid mailed 2 Bids received Bids were received, opened on October 8, 2006, and evaluated. Bid results are as follows: Vendor: Amount: Location: Burch Ford $26,408.90 La Habra Villa Ford $27,043.74 Orange 22K-1 Contract Award for Hybrid Utility Vehicle December 4, 2006 Page 2 The bid from Burch Ford is responsive to the specification and meets the City's requirements for a Ford Escape hybrid utility vehicle. FISCAL IMPACT Funds are available in the Equipment Replacement Machinery & Equipment account (account no. 76-145-6641.) „X Francisco Gutierrez 7 Executive Director Finance and Management Services Agency FG/KM/06-160.2:uc 22K-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE: AMEND AN AGREEMENT FOR CONTRACTED ARCHITECTURE AND URBAN DESIGN SERVICES WITH URBAN STUDIO ~- i C&' ~v --- CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 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 execute an amendment to the existing agreement with Urban Studio for contracted architecture and urban design services in an amount not to exceed $116,000. DISCUSSION The Planning Division is currently reviewing several projects that will have long range architectural and urban design impacts on the City. These projects include the First and Cabrillo residential high-rise development, the City Place high-rise residential development on north Main Street and the Metro East Mixed-Use Overlay District generally located east of the Santa Ana (I-5) Freeway. To enhance the architectural and urban design components of significant development projects, the City has relied since September 2003 on consulting services of John Kaliski with Urban Studio. Urban Studio has provided invaluable input on a variety of projects, which has resulted in improved project design, better compatibility with surrounding neighborhoods and more sustainable long-term development projects. An agreement with Urban Studio was originally approved in September 2003 in the amount of $10,000. Amendments to the agreement were approved by Council in November 2004, December 2005 and June 2006. These amendments added $66,000 to the agreement and were for the purpose of preparing the public realm plan for the Metro East Overlay District, as well as review of other significant development projects. This amendment to the agreement would increase the contracted amount by an additional $40,000, for a total of $116,000 and extend the term of the agreement for 12 months. 25A-1 Amendment to Agreement with Urban Studio December 4, 2006 Page 2 FISCAL IMPACT Funds in the amount of $40,000 are available in the Planning and Building Agency account for other contractual services (account no. 11-505-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~.:_ ` ~ ~..~ ~C ~13~'~~ e ~ U ,r > Ja M. Trevino Francisco Gutierrez ~,~ xecutive Director Executive Director Planning and Building Agency Finance & Management Services Agency VF:rb Vf\reports\UrbanStudiocontract.cc1206 25A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE: CONTRACT AWARD WITH THE PLANNING CENTER TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE GREEN MIXED-USE RESIDENTIAL DEVELOPMENT AND APPROPRIATION ADJUSTMENT r: %i ,' CITY ANAGER 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 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with The Planning Center to prepare an Environmental Impact Report (EIR) and related technical studies for the Village Green mixed-use residential development in an amount not to exceed $245,000, pending receipt of funding from developers. 2. Approve an appropriation adjustment recognizing $245,000 in the 2006-2007 FY revenue account for environmental review fee for the Village Green mixed-use residential development (account no. 11-01- 5452-114) and appropriating $245,000 to the Planning and Building Agency 2006-2007 FY budget allocation in the account for contractual services (account no. 11-505-6291) for payment to The Planning Center. DISCUSSION Staff has been working with Sun Cal-Heritage Village, LLC, who wish to pursue a residential mixed-use project at 2833 North Bristol Street. Staff has prepared a preliminary environmental analysis and identified a number of potentially significant environmental impacts that could be associated with the implementation of the proposed project. Therefore the preparation of an Environmental Impact Report (EIR) for the project is required. Sun Cal-Heritage Village, LLC agreed to pay for the cost of these studies and will be funding the recommended contract in its entirety. Staff is recommending a sole source agreement for this project with The Planning Center due to the technical expertise that they have in environmental analysis for complex projects. The Planning Center previously prepared environmental documents for projects throughout the City. This contract will continue to build on that successful effort. 25B-1 Agreement with The Planning Center December 4, 2006 Page 2 The City received two proposals from environmental firms, including EIP Associates and The Planning Center. Though both firms were found to be capable, staff in consultation with the applicant found The Planning Center to be most competitive. The Planning Center has successfully completed numerous other planning and environmental studies on behalf of the City of Santa Ana. Further, The Planning Center is included in the City's list of qualified environmental consultants and is not under contract with the City or the applicant on any other project. Staff recommends that The Planning Center be selected to prepare the Environmental Impact Report for the Village Green mixed-use residential development. The total amount would be $245,000. Environmental Impact The awarding of a contract for preparation of an environmental impact report is statutorily exempt from CEQA. FISCAL IMPACT The applicant for the project, Sun Cal-Heritage Village, LLC, will deposit the full amount of the contract with the City of Santa Ana, in a special account for the proposed project. The appropriation adjustment will increase the anticipated revenue in the special revenue account for the project (account no. 11-01-5452-114) by $245,000 and increase the Planning and Building Agency allocation for contractual services by $245,000 (account no. 11-505-6291) for payment to The Planning Center. APPROVED AS TO FUNDS AND ACCOUNTS: ~~~~~ Ja M. Trevino Francisco Gutierrez Ex ive Director Executive Director Planning & Building Agency Finance & Management Services Agenc~ AN:rb AN\Village Green\Village Greeh EIR contract.cc 25B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE: AGREEMENT AMENDMENT WITH THE FRIENDS OF THE SANTA ANA ZOO CIT 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 Clerk of the Council to execute an agreement amendment with the Friends of Santa Ana Zoo, to provide additional terms and conditions. DISCUSSION The Friends of the Santa Ana Zoo is a nonprofit 501(c)3 agency, which was incorporated in 1982 as the Friends of the Children's Zoo and later as the Friends of the Santa Ana Zoo. Their purpose is to market and solicit charitable donations to support the operation, maintenance and expansion of the Santa Ana Zoo at Prentice Park. The Friends coordinate many planning and fundraising efforts, including the annual Boo at the Zoo and Zoofari events, and provide staffing and maintenance for the Zoofari Express Train Ride and the Zoo Gift Shop. This agreement was entered into on December 3, 2001 and is an ongoing agreement. This agreement amendment will provide additional terms and conditions that address revenue sharing, facility rentals, and annual reviews. Through this amendment, the Parks, Recreation and Community Services Agency anticipates. receiving approximately $20,000 in annual revenue from the Friends of Santa Ana Zoo. The Friends have agreed to contribute $10,000 to help pay for Zoo veterinary services. In addition, 10 percent of gift shop and concession net revenue, estimated to be $10,000, will be directly paid to the City to help fund additional Zoo operation and maintenance expenses. The Friends will be given the non-exclusive right to reserve Zoo facilities for private events, which may include birthday parties, receptions, and corporate events. The Friends will be responsible for the staffing and clean up associated with these events. This amendment also provides for annual review of the agreement each July 1 starting July 1, 2007, as recommended by the Association of Zoos and Aquariums. 25C-1 Amendment with the Friends of the Santa Ana Zoo December 4, 2006 Page 2 FISCAL IMPACT Revenue from this agreement will be deposited in the Recreation Special Fees and Donations account (account no. 22-01-5798) to help fund Zoo operations and maintenance. u, ~ /<i Gerardo Mouet Executive Direct , Parks, Recreation, and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez `'~~ Executive Director, Finance and Management Services Agency 25C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE: AGREEMENT TO PROVIDE LEGAL PUBLICATIONS AND ON-LINE RESEARCH 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 Clerk of the Council to execute an agreement with west Group, Inc. for legal publications and on-line research services in an annual amount not to exceed $60,000.00. DISCUSSION Various City departments are required to have the ability to access the latest legal reference materials on an ongoing basis. This is done both through standard publication and on-line formats. Examples of these materials are California Codes, Penal Code, Housing Development Report and other various legal and regulatory sources. The primary users of these research services are the City Attorney's Office and the Police Department. The Police Jail Administration is also required by the State Regulatory Authority of Prisons and Jails to provide inmate's access to a Law Library. West Group, Inc. has provided these services to the City for the previous seven years and is the only publisher of several of the required publications. The recommended action will allow for continuous service to the various City Departments. In addition, a single agreement across departments improves the City's overall coordination and use of legal materials. 25D-1 Agreement with West Group December 4, 2006 Page 2 FISCAL IMPACT Funds are budgeted and available in the City Attorney Other Agency Services account (account no. 11-031-6251), Inmate Welfare Other Agency Services account (account no. 23-349-6291) and in the Other Agency Services accounts (object code 6251) of various operating departments. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez G~/ Executive Director Finance & Management Services Agency 25D-2 Paul Walters Police Chief REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE: SEWER SERVICE AGREEMENT FOR 13932 TUSTIN AVENUE CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing Fori CONTINUED TO ! y/ ~ _- __ (% FILE NUMBER CI Y MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with John Hall, Trustee and the Rite Aid Corporation to provide temporary sewer service for the property located at 13932 Tustin Avenue, just outside of the city limit. DISCUSSION The Rite-Aid Corporation (developer) is constructing a pharmacy on land owned by John Hall, Trustee located at 13932 Tustin Ave. This property is located at the northeast corner of Tustin Avenue and Seventeenth Street. The property is part of a County island that is proposed for a future annexation to the City of Santa Ana. The developer is requesting permission to use the City's sewer system to serve the proposed project. A city sewer currently fronts the property in Seventeenth Street. Section 39-3 of the municipal code allows for temporary sewer service to land currently barred from annexation. The proposed temporary connection at 13932 Tustin Ave. meets these code requirements. The developer is proposing to construct a new 8" sewer main in Ponderosa Street to serve the project. The sewer will be constructed at no cost to the City of Santa Ana. When complete, the city will take ownership and provide maintenance of the sewer. The property owner will pay the City's monthly sanitary sewer service charge. 25E-1 Sewer Service Agreement for 13932 Tustin Ave. December 4, 2006 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. es v. xoss cutive Director lic Works Agency 25E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEN~ER 4, 2006 TITLE: LEASE AGREEMENT WITH ROYAL STREET COMMUNICATIONS FOR A CELLULAR ANTENNA AT SANTA ANNTA PARK ~ ~ , CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a 10-year lease agreement with Royal Street Communications in an annual amount of $26,400 for the installation of a cellular monopine and equipment facility at Santa Anita Park. 2. Approve an appropriation adjustment recognizing $21,120 in the Capital Outlay, Miscellaneous Recoveries revenue account (account no. 51-01- 5799) and appropriate same to the Capital Outlay, Improvements Other than Buildings expenditure account (account no. 51-250-6631). 3. Receive and file Categorical Exemption for Environmental Review No. 2006-100 (Santa Anita Park). BOARD OF RECREATION AND PARKS Recommended approval of lease agreement with Royal Street Communications for the installation of a cellular antenna at Santa Anita Park, provided that revenue from the lease is used for improvements at Santa Anita Park, at their meeting of October 25, 2006, by unanimous vote of 5:0:3. DISCUSSION Royal Street Communications (Metro PCS) submitted a proposal to ATS Communications, a City consultant, to install a 65-foot monopine cell tower antenna at Santa Anita Park. ATS Communications, the consulting firm representing the City to wireless providers, worked with the Parks, Recreation and Community Services Agency to negotiate the lease terms for the cell tower proposal, which includes an annual lease rate and site improvements. The proposed lease is for approximately 179 square feet of space, for 10 years with three additional five-year options (a total of twenty-five years). Royal Street Communications will be responsible for all 25F-1 Agreement with Royal Street Communications December 4, 2006 Page 2 government permits, construction, operation, and utility expense for the communication facility. The proposed lease rate is $2,200 per month ($26,400/yr), for the first year with an annual increase of four percent per year. Per their agreement with the City, ATS Communications will retain 20 percent of the annual revenue generated by this agreement ($5,280) and the City will retain 80 percent ($21,120). The site improvements will be designed as part of the recreation center and will include a large storage room for the center and another equipment room for a second carrier, in order to meet the conditions of co-location set by the City Council. The location of the equipment building and monopine will be on the northwest corner of the recreation center. Royal Street Communications will also install four 24" box trees in the park as part of the project. On September 21, 2006 ATS Communications made a presentation to the Santa Anita Neighborhood Association on the Royal Street Communication cell tower proposal. The neighborhood association accepted the cell tower proposal and approved of the site improvements negotiated in the lease agreement. They also requested the lease revenue be designated for future improvements at Santa Anita Park. ENVIRONI~~NTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempted from further review. Categorical Exemption Environmental Review No. 2006-100 (Santa Anita Park) will be filed for this project. FISCAL IMPACT The appropriation adjustment will recognize $21,120 in the Capital Outlay, Miscellaneous Recoveries revenue account (account no. 51-01-5799) and appropriate same to the Capital Outlay, Improvements Other than Buildings expenditure account (account no. 51-250-6631). Approved as to Funds and Account: Gerardo Mouet, Francisco Gutierrez, Executive Dir ctor Executive Director ~~ Parks, Recrea ion and Finance and Management Services Community Services Agency Agency 25F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE: AGREEMENT WITH COMMSYS, INC. FOR CONNECTCIC SITE LICENSE CI Y MANAGER RECOMMENDED ACTION 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 Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with CommSys for the purchase of ConnectCIC (CLETS) interface software and maintenance for a total aggregate amount not to exceed $20,000. DISCUSSION The Police Department is currently implementing technology initiatives to upgrade the Computer-Aided-Dispatch, the Jail Management, and Mobile Booking systems. During the implementation of the Computer-Aided-Dispatch System (CAD), CommSys was subcontracted by the CAD vendor to provide software for access to the California Law Enforcement Telecommunications System (CLETS). Consistency is necessary to maintain overall systems integrity for accessing criminal and non-criminal information from local, state and national databases. CommSys ConnectCIC software is the only application capable of meeting these requirements. Through the purchase of a site license, current and future technology initiatives requiring CLETS communications will be covered without additional funding. FISCAL IMPACT Funds are available in the Police Information Systems, Other Contractual Services Account (account no. 011-338-6291). Pau M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: ~. ~4 i \I \ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25G-1 25G-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE: AMENDMENT TO MOTOROLA AGREEMENT (A-2005-097) l CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1g` 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 Motorola to reduce it by $229,578 to a total aggregate amount not to exceed $1,277,112. DISCUSSION As part of the 2004 Urban Area Security Initiative (UASI) grant, on May 2, 2005, the City Council approved a $1,406,530 dollar agreement with Motorola for a mobile data computer system (MDC) that enhances access and connectivity to and transmission of critical data to emergency vehicles. On October 17, 2005, City Council approved an additional $102,000 to the agreement for enhancements for a Personal Accountability System. Included in the total agreement were the Motorola CAD application software, the Motorola PMDC application software, the Motorola Airmobile Application software and the Motorola Mesh Track Incident Scene Personnel Accountability Package. These applications were subsequently deleted from the project or awarded to TriTech Software Systems by City Council action on September 5, 2006 to complete the project and deplete the balance of UASI grant funds allocated. A final Motorola invoice of $222,692, for services previously provided but not invoiced, will be paid from the Fire Department's Information Technology, Other Contractual Services account. 25H-1 Motorola Agreement December 4, 2006 Page 2 FISCAL IMPACT Funds in the amount of $222,692, are available in the Fire Department, Information Technology, Other Contractual Services account (account no. 11-324-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ,. ~ ~ Francisco Gutierrez ~ F~t~"' Executive Director Finance & Management Services Agency 25H-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEN~ER 4, 2006 TITLE: AMENDMENT TO LEASE AGREEMENT WITH MEXICAN AMERICAN OPPORTUNITY FOUNDATION 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 Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to the lease for office space with the Mexican American Opportunity Foundation. DISCUSSION For the past six years, the City of Santa Ana through the Santa Ana WORK Center has leased office space from the Mexican American Opportunity Foundation (MAOF) for the establishment of a WORK Center satellite office. This office provides job employment services such as computer usage, Internet access for job search, job search workshops, resume preparation assistance and referrals to community service, training, and education resources for Empowerment Zone residents. The Santa Ana WORK Center would like to continue leasing this space from MAOF in order to provide these necessary resources to community residents. The office space located at 502 S. Ross, Santa Ana, is 323 square feet with a current monthly lease rate of $1.00 per square foot. Due to increasing cost, MAOF has requested that the monthly lease rate be amended to $1.20 per square foot effective December 1, 2006, through June 30, 2007. The total monthly rent will increase by $65.00 per month for a total increased amount of $455. 251-1 Amendment to the Lease Agreement with MAOF December 4, 2006 Page 2 FISCAL IMPACT Funds for this contract are available in the Empowerment Zone Service Navigator SAWC account (account no. 129-035-6295). APPROVED AS TO FUNDS AND ACCOUNTS: ~•~ Ste hen G. rding Deputy City Manager for Development Services Community Development Agency Francisco Gutierrez executive Director Finance & Management Services Agency SGH/LM/mlr H:\ACTIONS\2006 CC\AmendLeaseAgree MAOF 12-04-06.doc 251-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE: AGREEMENT AWARD FOR STEAM CLEANING F- ~~ ~ ~ ~~/ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 g` 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 execute an agreement with TSCM Corporation for steam cleaning services for a two-year period with provision for two one-year renewals, in the annual amount not to exceed $170,500. DISCUSSION Steam cleaning services are required at various locations throughout the City, including Downtown, South Main and The Depot at Santa Ana. The steam-cleaning program in Downtown allows for three linear blocks to be cleaned each night, five nights a week, Wednesday through Sunday. The program on South Main allows for quarterly cleanings of the sidewalks on Main from First to Warner. The steam-cleaning program at The Depot allows for monthly cleaning of the bus bays, boarding areas, and the main entrances; quarterly cleaning of the stairways, ped-bridge and platforms; and semi-annual cleaning of the parking garage, flag area and concrete drive area in front of building. A Request for Proposals was advertised on October 9 and 11, 2006, and proposals were solicited. A summary of the proposals requested and received is as follows: 17 Request for Proposals mailed 2 Request for Proposal mailed to Santa Ana vendor 3 Proposals received 0 Proposal received from a Santa Ana vendor On November 13, 2006, three proposals were received. Each of the proposals was evaluated in four areas covering experience providing requested services, clarity and detail of submitted proposal, pricing and work plan. The maximum obtainable score is 400. The ratings for the three respondents are as follows: 25J-1 Agreement Award for Steam Cleaning December 4, 2006 Page 2 FIRM LOCATION PRICE PER ANNUM RATING TSCM Huntington Beach, CA $162,500 373 South Shore Building Services Anaheim, CA $258,475 321 Olympique Expert Building Care Lake Forest, CA Bid determined nonresponsive N/A The proposal from TSCM Corporation received the highest rating average of ninety-three percent and is responsive to the specifications and meets the City's requirements. TSCM is currently cleaning the Downtown, South Main and The Depot at Santa Ana and has provided a high standard of service. Staff recommends an agreement with TSCM Corporation for the annual amounts stated below: Downtown - Major Arterials $110,500 Extra services if needed $ 5,000 South Main Street $ 26,000 The Depot at Santa Ana $ 26,000 Extra services if needed $ 3,000 Total annual expenditure: $170,500 The agreement term will be from January 1, 2007, through December 31, 2008. FISCAL IMPACT Funds are available in the various departments' Other Contractual Services accounts (object code 6291). APPROVED AS TO FUNDS AND ACCOUNTS: ""~. Stephen G. Hard'ng Deputy City Manager for Development Services Community Development Agency SGH/DM/mlr H:\ACTIONS\2006 CC\AgreeAwardSteamCleaning ~(\~c~ ~ . ~ ~ . .~ Francisco Gutierrez Executive Director Finance & Management Services Agency 11-20-06.doc 25J-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE: TARGET STORES DONATION FOR PURCHASE OF COMPUTER 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 1. Authorize the acceptance of a donation in the amount of $2,000 from the Target Stores, to be used by the Police Department Special Investigations Unit. 2. Approve an appropriation adjustment recognizing the donation in the amount of $2,000 into the Police Gifts and Donations revenue account (account no. 011-01-5798-337) and appropriate same into the Police Special Investigations, Vice Unit, Materials and Supplies account (account no. 11-347-6391). DISCUSSION The Police Department Special Investigations Division, Vice Unit investigates cases involving the human trafficking of juveniles. The unit targets criminals committing these crimes and affecting the quality of life for members of the community. Target Stores, a prominent local business, desires to support local law enforcement and impact the local community in a positive manner by donating $2,000 to the Police Department under the 2006 Target and Blue Law Enforcement Grant Program. This donation will be used by the Police Department to purchase computer hardware in support of human trafficking of juveniles' efforts. 29A-1 Target Grant December 04, 2006 Page 2 FISCAL IMPACT Approval of the appropriation adjustment will enhance the Police Gifts and Donations account (account no. 011-01-5798-337) by $2,000 and appropriate same into the Special Investigations, Vice Unit, Materials and Supplies account (account no. 11-347-6391). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ Paul M. Walters Chief of Police Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 29A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE: CONDITIONAL USE PERMIT NO. 2006-18 TO ALLOW AFTER HOURS OPERATION FOR MCCORMICK AND SCHMICK'S SEAFOOD RESTAURANT AT 2791 NORTH MAIN STREET - MCCORMICK & SCHMICK'S, APPLICANT /~ j~~ 6.~- _ _ 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 Receive and file the staff report approving Conditional Use Permit No. 2006-18 as conditioned. PLANNING COMMISSION ACTION On November 13, 2006, the Planning Commission approved Conditional Use Permit No. 2006-18 as conditioned by a vote of 5:0 (Benavides and Lutz absent) to allow after hours operation at McCormick and Schmick's Seafood Restaurant in the Specific Development (SD-59) zoning district at 2791 North Main Street. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. a M. Trevino Executive Director Planning & Building Agency CR.rb cr\reports\cup06-18.cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: NOVEMBER 13, 2006 TITLE: PUBLIC HEARING - FILED BY MCCORMICK & SCHMICK'S FOR CONDITIONAL USE PERMIT NO. 2006-18 TO ALLOW AFTER HOURS OPERATION FOR MCCORMICK AND SCHMICK'S SEAFOOD RESTAURANT AT 2791 NORTH MAIN STREET Prepared by Carlos Rodriguez PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO ~f Executive Director Planning Manager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2006-18 as conditioned. DISCUSSION Request of Applicant McCormick and Schmick's Seafood Restaurant is requesting approval of Conditional Use Permit No. 2006-18 to allow after hours operation at McCormick and Schmick's Seafood Restaurant located at 2791 North Main Street. Property Description McCormick and Schmick's Seafood Restaurant will be located on a 17.7 acre mixed use site on the northeast corner of Main Street and Memory Lane. The parcel is located within the Specific Development No. 59 (SD-59) zoning district and has a General Plan land use designation of District Center (DC). Surrounding land uses include commercial to the north, office uses and Santiago Park to the south, the Main Place Mall to the west, and a senior housing complex to the east (Exhibits 1 and 2). McCormick and Schmick's will occupy a 7,900 square foot freestanding building and a 1,406 square foot exterior patio dining area within the City Place development, a mixed-use project consisting of 57,700 square feet of multi-tenant retail space and 185 residential units. The project site and building are currently under construction. EXHIBIT A 31 A-2 Conditional Use Permit No. 2006-18 November 13, 2006 Page 2 Project Description McCormick and Schmick's Seafood Restaurant will be an upscale sit-down eating establishment that specializes in seafood cuisine. McCormick and Schmick's operates a nationwide chain of restaurants that is based in Portland, Oregon. The applicant is proposing to obtain a conditional use permit to allow after hours operation at the proposed eating establishment. Hours of operation will be from 10:00 a.m. to 2:00 a.m., seven days a week. The Specific Development No. 59 (SD-59) zoning designation requires a conditional use permit for restaurants open between the hours of 12:00 a.m. and 5:00 a.m. A total of 232 dining seats, 13 bar stools, and 56 patio seats are proposed with this project. Additionally, McCormick and Schmick's is processing a separate conditional use permit for a Type 47 ABC license to allow the on-premise sale of alcoholic beverages to customers. The after hours operation is intended to provide a service ancillary to the primary restaurant use. The additional hours of operation will provide patrons with additional hours of service and will attract late dining patrons (Exhibits 3, 4 and 5) . Analysis of the Issues The applicant is requesting to operate until 2:00 a.m. seven days a week. The sit-down eating establishment will be located in a mixed use development. The full service restaurant will have a complete level of staffing during the operating hours of the restaurant. The restaurant staff will act as a deterrent in reducing the potential of criminal activity by being located on-site during operating hours. The surrounding land uses immediately next to the eating establishment are mainly commercial uses with the exception of Santiago Park and the adjoining residential uses on the same development site. The additional hours of operation should not impact the immediate residences as the building is separated by a surface parking lot. Also, the proposed outdoor dining patio is located adjacent to Main Street and is located between the subject restaurant and an adjoining commercial building. The Planning Division and Police Department have reviewed the application for potential concerns related with the extended hours of operation. The restaurant is located within an area of the city 31 A-3 Conditional Use Permit No. 2006-18 November 13, 2006 Page 3 considered average in police-related incidents. The area is located in Reporting District No. 181, which ranks 100th out of 102 citywide districts in total number of police-related incidents. In order to minimize the potential impacts associated with after hours operation at the proposed restaurant location, the Police Department is recommending conditional approval of the project. These proposed conditions are intended to mitigate any problems that may negatively affect the adjacent neighborhood and surrounding area. Lastly, the site has a General Plan land use designation of District Center (DC). The District Center designation emphasizes the use of this area as an anchor for commercial development and as a commercial corridor. The site is located on a major arterial street and the subject site's proximity near the Interstate 5 freeway promotes the City of Santa Ana as a regional shopping destination. Based upon analysis of the project and its compatibility with the City's General Plan and applicable development standards, staff recommends that the Planning Commission approve Conditional Use Permit No. 2006-18 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously prepared Environmental Impact Report No. 2004-O1. l s /~ Carlos Rodriguez Assistant Planner II CR: jm cr\reports\cup06-18.pc r~ Vince Fr oso, ~ICP Senior Pl nn~ 31 A-4 C ~ f y D l O r a n g e AVETA A .; N 5 _ 22 FREEWAY O LAPLN PLACE DR. D2- HD II TONM 6 COUNTRY Rp. PROJECT ~ A;~ ~, o ~ SITE g y~ C2-HD II / R1 Rt 1 SD-77 9~F _ -- _ -- __ - 0 - 9 I ~ ~~, R4 Q a nt}>g f ~ SD-59 a SD39 ; I O w M'~N P~. R4 CS R 1 ~ ~. i i AI c~ ~.x~a"`~' ~ A, LL M R1 MAI PIACE OR. ~~ I D O At Z 6D O FAIPNAV N AV R sD- M~M.,~ ~ Rt- R4 ` R4 Rt R1 a Rl 05 ~ \ 0 ~` noo W 7200 LN. 8 e SD-31 1 Rl ea-nrrxoo PARN Rt ~ Rt PARK N. \ yy~~- NF IAt R1 ~ VIRGINIA AV I Al ~ R1 VIRGIN PV w Rt +( Al SD-65 R1 -- T ~ R1 ~R1 P R1 ~ R1 R1 R1 R R1 R1 R1 JOANA JOA F R1 RD R1 R1 R1 R1 NORTry el. R1 ~ R1 ~ CM Y T CH ST R1 Rt 3 R1 ' c-s R1 R1 R1 Rt HDII R1 R1 ~ R1 R1 k R1 - B D 5 RE R~ a Rl R1 Moll R1 A Rl eouNOARr --~ LP-Mon X180' ~~ MA ARA AV. -- --- ~ R2 I ~~ R2 Rp _ ° R1 R1 5 i - ' _ ~-~ i P ~~MD HDII R1 i Irewl 0 ~ R2~' R1 R7 R1 R1 ~ Ri R1 o R1 ~ PS ., _ ~ w RN ~~ ~_ R1 ; - Ci- ct-P i ~~ R2 R2 G g R1 R1 ; P MD MD ND R16 - ~ R1 ~ Rt Rt ~ Rt Al GENERAL AGRICULTURAL CR COMMERCIAL RESIDENTIAL R7 SINGLE-FAMILY RESIDENCE -B PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO-FAMILY RESIDENCE C-SM COMMERCIAL SOUTH MAIN Mt LIGHT INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C1 COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL R4 SUBURBAN APARTMENTS C1-MD COMM. 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 C3A CENTRAL BUSINESS-ARTIST VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT CS ARTERIAL COMMERCIAL CUP 06-18 ~ McCORMiCK & SCHMICK'S SEAFOOD RESTAURANT ~,, - 2791 NORTH 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 EXHIBIT 1 31 A-5 U W 0 U ~~ O I ~~~Y VACANT W /BUILDING.' W jj/ H BUILDING 'e• BUILDING 'C' Z Q oo.e MAINPLACE DR. COMMERCIAL o / O r a n g e SANTA ANA CITY LIMITS L V 9 A c ~ MEMORY COMMERCIAL p. I SANTIAGO O C f O~ PARK ~. 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Q Y ~yy3~xw~~~ff~~~~ gam' ~~~~~a~ 4~~~3s~~3~¢d ~~~~~~ii; S ~~~ ~ ~ ~ 3 3e~~s~~a € ~ ~ a ~ ~ ~ ~ ~ ~ s ~ ~ B ~ ~ J J ~ ~t k 3 "~ ~ ~ ~ f"e r E ~ ~ ~ e ~ OODOOO W W g g p € @ ~~~~~~ ~8 c~ ~~~ ~~~~$~~a3~~~~^~~~~gs~~ ~ o ~ ~ I ~ ~ ~ f O O (~ 4 Y c~ - 9 - } y 1 1 N p p X ~~~~ ~ s ~` ~~s d~~ ~~~ ~ ° g ~y ~~~ $~ '~~ ~~ e ~ o ~~~ ~ ~~° ~~~ m~Y ? z~ A'4 ~' ~aC ~~ ~~ ~~~~ _ ~ ~ O ,,~ a _` \~~ ~ Z a a ~' Asa a~~ 3 _ ~ ~ ¢ o' " ~8 ~'~ ~ ~~ ~ps u.l -~ ~~c ~~~ ~ ~ 1 `~1 a _ W ~ i1 0 /\ o - p - ~~ ° ~ C ~ z t ~ J # ~E~~C~ ~~ ~~ ~~ ~ J~ ~ l F ~ - a i 3 ~ ~ ~I I ~ @i <~ ~I `M~ ~__ __ _ ~~~-_ A'if J a 2424 ~ I a I I~ _= ' I I' I ~ i"~ ; II II II ' ~ -~ I ~ r L__~__-_~ _____________I~ - Pa a of 2 r KO- 11 /6/06 RESOLUTION NO. 2006-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT N0.2006-18 AS CONDITIONED TO OPERATE BETWEEN THE HOURS OF 12:00 A.M. TO 5:00 A.M. FOR THE PROPERTY LOCATED AT 2791 NORTH MAIN STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2006-18 to operate a restaurant between the hours of 10:00 a.m. to 2:00 a.m., seven days a week for the property located at 2791 North Main Street. B. The Specific Development No. 59 (SD-59) zoning designation requires a conditional use permit for restaurants open between the hours of 12:00 a.m. and 5:00 a.m. C. On November 13, 2006, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2006-18. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed after hours license will provide an additional amenity to the restaurant and thereby benefit the community by providing extra hours of food service at the eating establishment. Conditions have been placed on the conditional use permit which will mitigate any potential impacts created by the use and ensure that the eating establishment will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? Resolution No. 2006-29 Page 1 of 6 31 A-11 The proposed after hour license at McCormick and Schmick's Seafood Restaurant will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negative or adverse impacts. The extended hours will be in conjunction with the existing sit-down eating establishments. Additionally, the residential component of the development is separated from the eating establishment by the surface parking lot. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project site is a commercial multi-tenant development that is suitable for the proposed use. The additional hours of operation for McCormick and Schmick's Seafood Restaurant will increase the patronage to the restaurant, thereby enhancing the profitability of the business and identifying the use and site as economically stable and viable for the surrounding properties in the area. The subject site is located in a commercial area near the Main Place Mall and helps to further emphasize North Main Street as a commercial district. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant with an after hours conditional use permit pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. The extended hours of operation will provide a dining service to the residents of Santa Ana. Additionally, the property is located within the District Center (DC) general plan land use designation which emphasizes the area as a major commercial corridor for the City. E. In accordance. with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously prepared Environmental Impact Report No. 2004-01. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2006-18 as conditioned Resolution No. 2006-29 Page 2 of 6 31 A-12 in Exhibit A attached hereto and incorporated 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 Planning Commission Action dated November 13, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of November, 2006 by the following vote: AYES: Commissioners: Betancourt, Cribb, De La Torre, Gartner, Leo (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Benavides, Lutz (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2006-29 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 13, 2006. Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2006-29 Page 3 of 6 31 A-13 Conditions for Approval of Conditional Use Permit No. 2006-18 Conditional Use Permit No. 2006-18 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division The project shall remain in compliance with Site Plan Review (DP No. 06- 35). 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The hours of operation for the facility shall not extend past 2:00 a.m., seven days a week. B. Police Department The existing suite must conform with the provisions of Chapter 8, Article II, and Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 3. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 4. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Resolution No. 2006-29 Page 4 of 6 31A-14 5. Windows shall be kept clear of any advertising materials between three and six feet in height. 6. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. 7. Atimed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 8. Install a silent armed robbery alarm. 9. There shall be no coin-operated games maintained on the premises at any time. 10. All pay telephones shall be located inside the premises and restricted to outgoing calls only. 11. The petitioner(s) shall be responsible for maintaining the premises free of litter. 12. The conditional use permit shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 13. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. Resolution No. 2006-29 Page 5 of 6 31 A-15 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd, Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2006-29 for Conditional Use Permit No. 2006-08 in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Susan Thompson McCormick & Schmick's 720 SW Washington Street, Suite 550 Portland, OR 97205 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2006-29 Page 6 of 6 31 A-16 REQUEST FOR COUNCIL ACT-ION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE: RESOLUTION TO PROVIDE TWO YEARS ADDITIONAL SERVICE CREDIT TO ELIGIBLE MEMBERS c~~ ti;-.~.L> 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 Adopt a resolution to provide a designated time period for granting Two-Years Additional Service Credit pursuant to Government Code Section 20903 to eligible members retiring in the Public Employees Retirement System. DISCUSSION On October 7, 1991, the City Council adopted a resolution that amended the City's contract with the California Public Employees Retirement System (Ca1PERS) to provide Two Years Additional Service Credit to eligible members under Section 20903 of the California Government Code. The criteria required for offering this benefit to employees is that they must be eligible to retire, have at least five years of service with CalPERS and must retire within the period designated by the City Council. Additionally, the program requires the City to provide public notice of the potential cost based on CalPERS actuarial formula. Notice of the costs was made public at the City Council meeting of November 20, 2006, for employees in the following two classifications: Executive Director of Community Development Redevelopment Project Manager III. Adoption of this resolution will provide that option to eligible members retiring between the dates of December 5, 2006 through March 6, 2007. 55A-1 Resolution Authorizing Two Years Service Credit December 4, 2006 Page 2 FISCAL IMPACT The average cost as calculated by using the California Public Employees Retirement System actuarial formula is approximately $65,630 per applicant. CalPERS will amortize the cost for this retirement credit over an amortization period of thirty years. APPROVED AS TO FUNDS AND ACCOUNTS: ique Alv Francisco Gutierrez Executi e Dir c or Executive Director Person Se v'ces Finance & Management Services 55A-2 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING AN ADDITIONAL WINDOW PERIOD FOR GRANTING TWO-YEARS ADDITIONAL SERVICE CREDIT OPTIONS FOR DESIGNATED CLASSES AND POSITIONS IN THE CITY COVERED BY THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. On October 7, 1991 the City Council amended its contract with the Public Employees' Retirement System (PERS) to provide for aTwo-Year Additional Service Credit Option pursuant to Government Code Section 20903. The amendment allows the City to offer the Service Credit Option to eligible PERS members retiring during a designated window period. B. It is now desired to offer the Service Credit Option to eligible employees in specified classifications who agree to retire during the designated window period. Section 2: That the designated window period authorized by this Resolution will be from December 5, 2006 through March 6, 2007. Section 3: That the eligible members who may exercise the Service Credit Option within this designated window period are in the following classifications within the identified department: Classification Department Executive Director Community Development Redevelopment Project Manager III Community Development Section 4: That except as stated otherwise above, this Resolution shall be operative from and after December 5, 2006. 55A-3 ADOPTED this 4th day of December , 2006. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Joseph Straka Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT Councilmembers: Miguel A. Pulido Mayor CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 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 55A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 2, 2006 TITLE: AMENDMENT APPLICATION NO. TO REZONE TWO PARCELS TO EXPANSION OF KELLY'S AUTO 2041 SOUTH MAIN STREET - BODY SHOP, APPLICANT CLERK OF COUNCIL USE ONLY: APPROVED 2 0 0 6- O l ^ As Recommended ALLOW THE ^ As Amended ^ Ordinance on 151 Reading BODY AT ^ Ordinance on 2"d Reading KELLY' S ^ Implementing Resolution ^ Set Public Hearing For_ 4 t~~~; ~ ~ c CITY MANAGER RECOMMENDED ACTION CONTINUED TO (Q,OC.~gyS ~ ~a-~-O(p 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-O1. 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. 2006-01. 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 land located on Main Street between St. Andrew Place and St. Gertrude Place. The site, which consists of three separate lots, is currently occupied by Kelly's Body Shop, a business that has been operating since 1993. The site currently contains two buildings; a one-story, 1,190 square foot office building and a one-story, 2,330 square foot automotive repair structure. In addition, two open air 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-O1 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-O1 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-O1. 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 N R1 R1 ; R1 R1 R1 R1 R1 R1 s~ 051' ~ASR1 R1 R1 R1 R1 R1 R1 ICI R1 ~ RB I ,~~ aB R2 R1 Rl ~ R1 R1 ~ ~ R1 R1 R2 S M R1- - " R2 u ~- j ~ ~ PRD m -8 p SM ~ ~ ~ o ~~ nx ,se R2 N R2 R1 R1 R1 R1N R1 R3 sM I -B Q I R1~ Rz I R3 B C2 ~ C2 u s INGER AV. -- '~ I C1 ~ Cz I C2 RB R1 R1 os A R1 R1 R2 w s' a ~ sM sM R1 R1 R1 R1 sM R1 R1 R1 R2 I R2 R3 a C2 M SM R de I R1 T R1 R1 R1 R1 R1 mW ``~''j s~- R1 RtLL usr ~ 'i z~ R1 R1 R1 I Rt R2 Rz C-ISM R2-B I R1 R1 M,~ ct p SM I ,aa R1 Ri ai, R1 R1 R1 R1 R1 RB I I R1 I R1 -_ ~ SM R2-B - ~ R2 Rl ~ ~ R1 R2 ` R2 64 R2 R1 R1 I if'f7VJEV 1 ~~~ U I SM R2-B R2 10 u uu uu u ,e R1 R1 R1 I~ R1 - s~ cem j -sM R2-B ~ R2 R2'~ 0 R1 R1 R1 R1 R1 R1 R1 R1 R2s a 0 R2 R1 I R1 R1 R1 R1 Rp I r R1 R1 R1 ~ C-2 c- C- T SM R1 ~ R1 R1 R1 ~,. 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O M1 R1 Rt AV. ~ R1 t !n $ o M7 R2 C1 C1 y R1 =y '~ R3 R3 Mt R1 R1 R3 C2 ~ R1 ~ Rt ~ _ R I 1 i ~ R1 R1 R1 ; R1 Mt a~ ~ -- - R1 R1 R1 Ri ~ R1 Rt ~ et ~ t ~o R1 R1 R1 R1 sr R1 R1 t R1 R1 R1 R2 r ss 0 R2 _~3z+' ,~ R2 Rl ~ Il--1r R2 ~~ ~ Ml R2"1 ct , ct R2 r M1 Rt SINGLE-FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SUBURBAN APARTMENTS RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN 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 EXHIBIT 1 75A-8 J COMMERCIAL W w W O Z W uJ COMMERCIAU ~ ~ RESIDENTIAL ~ Q ? _ '^ ' V/ ~ ~ ~ 2 J ¢ w 2 ¢ W p W ~ U 2 ~ ~ W R W ~ W ~ J 2 > ~ ~ Ci > ~ J kl ~ U ~~ ~ W OFFICE '' Q w W J W ~! Q 0 J N ~ ~ 2 (n W ~ W ~ Z ~ > h ~ Q ~ ~ V ~ ~ SFR W U 2 ST. GERTRUDE PLACE AA 06-1 "- KELLY'S BODY SHOP - - 2041 SOUTH MAIN 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 J Q f- ~ 2 W U ~ w e J Z U MULTI FAMILY AUTO SERVICE RESIDENTIAL PROJECT SITE RESIDENTIAL ~ Q ~~ Q2 AUTO SERVICE J w ] ~ OFFICE ~ Q ¢2 w COMMERCIAL ~ ~ ~ ~W W W ~ CS W AUTO SERVICE 2 ~ ? ~ ~ ~ LAND USE MAP EXHIBIT 2 75A-9 ~ -~ R1 ~ ~ ~ ~ C- - R1 R2 B . w z SM Q a ~ C - Q ~, w R2 R2 ~ R2 ~ w a sM ~ ~2 z o0 i PROJECT ~- R2-B SM SITE 18 ' ST. GERTRUDE PL. 2 C _ ~ 183'-- SM C-SM R2-B R2 ~ Al GENERAL AGRICULTURAL CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE -B PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO-FAMILY RESIDENCE C-SM COMMERCIAL SOUTH MAIN M7 LIGHT INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C7 COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL R4 SUBURBAN APARTMENTS C1-MD COMM. 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S~~S'`~`ti O -- - ' .a ~ w a ',' . z AA 06-1 w ~ z EXHIBIT _ .~ 19-5-10 18-5-9 24.5.10 ,~ UU U UlU ;1~_ I A C- ~ P SM Rp ~ R2 R1 ~ R1 R R1' F N 02 -B a E R c2 Rg R1 R1 5 sM R1 R1 R1 R1 Sn R1 R1 R1 ~ C R2-B I Ri R1 C R1 s In1 xaz ~ srn R2-B I R2 'R1 R1 ~ Ri R1 ~ar >~_ _ _ C- R1~ R1 R~ SM R2-B R2 R1 R2 0 R2 I , -sM R2-B ~ R2 R2_ aan 0 R2 R1 R1 R1 Ri Z RB 2- z.s. _ Q ~- r sM RB R2 R1 R1 R1 R1 C2 2a-s~l' _ R2 RT + - 255,~ ~-5i n ~- UUUUI~~= 1759 } 2059 W a 1~9 2059 O 2 a 20-5 9 29-5-9 SECTIONAL DISTRICT MAP 19-5-9 SCALE IN FEET ~ ~ / ~_ T-1 ADOPTED BY THE SANTA ANA CITY COUNCIL, AUGUST 17, 1959 BY ORDINANCE NS-394 0 loco Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT R7 SINGLE-FAMILY RESIDENCE 80- MINIMUM FRONTAGE '6000 MINIMUM LOT AREA -B PARKING MODIFICATION GC GOVERNMENT CENTER R7-4000 SMALL LOT SINGLE-FAMILY RESIDENCE C7 COMMUNITY COMMERCIAL M7 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE THIS MAP IS THE OFFICIAL SECTIONAL DISTRICT MAP OF THE CITY OF SANTA ANA. C7-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE OS AUTHORIZED BY CITY COUNCIL RESOLUTION N0. 74183, DATED n~i8-741 C2 GENERAL COMMERCIAL MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT HERE9vATresTTHATTHISMAPISATRUE C3 CENTRAL BUSINESS O OPEN SPACE RE RESIDENTIAL ESTATE COPY OF THE ORIGINAL SECTIONAL DISTRICT MAP NO. 196-L C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE P PROFESSIONAL SD SPECIFIC DEVELOPMENT C4 PLANNED SHOPPING CENTER PCD PLANNED COMMUNITY DEVELOPMENT SP SPECIFIC PLAN sg~m gar TREVINO C5 ARTERIAL COMMERCIAL PD PLANNED DEVELOPMENT PLarirXaN sneiarc~ENCr CR COMMERCIAL RESIDENTIAL PRD PLANNED RESIDENTIAL DEVELOPMENT cA~A>a DaM RES./A.A.IANX. N0. 5556 60a AA BfA AA 889 AA 89D AA 951 AA 1052 AA 1058 AA 98-8 AA O6-1 ORD./RES. NO. NS-591 NS-1193 NS-1601 NS-1712 NS-1713 NS-1851 NS-2139 NS-2179 NS-2395 Pendng ADOPTED DATE 7-2-62 12-17-73 10-2681 1-18-84 1-1664 7-7-88 &1491 9892 7-1499 APPROVED /Ai ~I ~!/1~ • ~I ~~, 7~ L~ Tit L~ T7t' RES. I A.A. /ANX. NO. ORD. /RES. NO. AOOPTEp DATE APPROVED • ~ , ~ • ~ ~ - PREPARED BY THE PLANNING DIVISION ~ CITY OF SANTA ANA, CALIFORNIA 0 WARNER '' ~ AVE. '~'y' KO- 11 /28/06 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 held a duly noticed public hearing regarding the adoption of an ordinance approving Amendment Application No. 2006-01, to rezone the parcels located at 2037 and 2041 South Main Street from South Main Commercial (C-SM) to General Commercial (C2) to allow the expansion of the auto body shop. The City Council continued the matter to October 2, 2006. D. The public hearing was renoticed for October 2, 2006 to consider adoption one of the following City Council actions: 1. Adopting a resolution denying Amendment Application No. 2006-01 to rezone the two parcels from South Main Commercial (C-SM) to General Commercial (C2), or 2. Adopting an ordinance approving Amendment Application No. 2006-01 to rezone the two parcels from South Main Commercial (C-SM) to General Commercial (C2), or Resolution No. 2006-XXX Page 1 of 4 75A-14 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 o a conditional use permit. E. On October 2, 2006 the City Council continued the matter to December 4, 2006. F. On December 4, 2006, the City Council held a duly noticed, de novo public hearing to consider adopting one of the following actions: 1. Adopting a resolution denying Amendment Application No. 2006- 01, or 2. Adopting 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 o a conditional use permit. G. 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. H. 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. 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 provide for, a new parking lot to be constructed at the front of the subject property. J. 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. K. 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 Resolution No. 2006-XXX Page 2 of 4 75A-15 be arbitrary and capricious and would not be consistent with the appropriate planning or land use criteria. L. 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; the Request for Council Action dated December 4, 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 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers Resolution No. 2006-XXX Page 3 of 4 75A-16 NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of attached Resolution No. 2006-XXX Council of the City of Santa Ana on _ Date: the Council, do hereby attest to and certify the to be the original resolution adopted by the City Clerk of the Council City of Santa Ana Resolution No. 2006-XXX Page 4 of 4 75A-17 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 held a duly noticed public hearing regarding the adoption of an ordinance approving Amendment Application No. 2006-01, to rezone the parcels located at 2037 and 2041 South Main Street from South Main Commercial (C-SM) to General Commercial (C2) to allow the expansion of the auto body shop. The City Council continued the matter to October 2, 2006. D. The public hearing was renoticed for October 2, 2006 to consider adoption one of the following City Council actions: 1. Adopting a resolution denying Amendment Application No. 2006-01 to rezone the two parcels from South Main Commercial (C-SM) to General Commercial (C2), or 2. Adopting an ordinance approving Amendment Application No. 2006-01 to rezone the two parcels from South Main Commercial (C-SM) to General Commercial (C2), 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 o a conditional use permit. 75A-18 E. On October 2, 2006 the City Council continued the matter to December 4, 2006. F. On December 4, 2006, the City Council held a duly noticed de novo public hearing to consider adopting one of the following actions: 1. Adopting a resolution denying Amendment Application No. 2006- 01, or 2. Adopting 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 o a conditional use permit. G. 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. H. 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. I. 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 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. J. 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. K. 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. 75A-19 L. 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. M. 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; the Request for Council Action dated December 4, 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). 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 75A-20 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- 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-21 ~--~ . 133-10 zd3-1o F rn i c2 RB R1 I R1 sM Ri 5T R1 L R-1 sM R1 R1 R1 L s. SM R2-B I R1 R1 R1 I i s SM R2-B I R2 IRi Ri M^ I ,d~ I I R1 C- R1 SM R2-8 R2 R2 0 I j 1-sM R2-B 9 fl2 pc , 0 R2 R1 R1 Z I R2 I g 2- S I _-_ _ - C- • r SM RB R2 R1 R1 C2 2d-s-1, ~ I R2 ,~t - 253-1u1 30-5-9 WARNER AY C. W Q 1]39 ,039 I7-59 SOUTH BEC. LWEOF SEG 18-f9 + 203- 2P5-9 J D Z ~. (7 zo3-s +r39 ~ ~ ' SECTIONAL DISTRICT MAP 19-5-9 ADOPTED BY THE SANTA ANA CffY COUNCIL, AUGUST 17, 1959 BY ORDINANCE NS-394 SCALE IN FEET o iooo 50- MINIMUM FRONTAGE Ai GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT Rt SINGLE-FAMILY RESIDENCE -6000 MINIMUM LOT AREA -B PARKING MODIFICATION GC GOVERNMENT CENTER R1-4000 SMALL LOT SINGLE-FAMILY RESIDENCE C7 COMMUNITY COMMERCIAL M7 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE THIS MAP LS THE OFFICIAL SECTIONAL DISTRICT MAP OFTHE CIiYOFSANTA ANA. C7-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE AS AUTHORIZED BYCfiY COUNCIL C2 GENERAL COMMERCIAL MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT RESOURION NO. ]d~i63, DATED 11-18~1d, I HEREBY ATTEST THAT THIS MAP IS ATRUE C3 CENTRAL BUSINESS O OPEN SPACE RE RESIDENTIAL ESTATE COPY OF THE ORIGINAL SECTIONAL DISTRICT C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE P PROFESSIONAL SD SPECIFIC DEVELOPMENT MAP NO. 79dJ1. C4 PLANNED SHOPPING CENTER PCD PLANNED COMMUNITY DEVELOPMENT SP SPECIFIC PLAN Grad JAV TREVINO C5 ARTERIAL COMMERCIAL PD PLANNED DEVELOPMENT PLANrAiir~3suawNG AGENCY CR COMMERCIAL RESIDENTIAL PRD PLANNED RESIDENTIAL DEVELOPMENT CeruNab Dare PREPARED BY THE PLANNING DIVISION - CITY OF SANTA ANA, CALIFORNIA 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. For the property located at 2037 and 2041 South Main Street, the City Council held a duly noticed public hearing on September 5, 2006 regarding the adoption of an ordinance approving Amendment Application No. 2006-01, to rezone the two parcels from South Main Commercial (C-SM) to General Commercial (C2) to allow the expansion of the auto body shop. The City Council continued the matter to October 2, 2006. C. The public hearing was then renoticed for October 2, 2006 to consider adoption one of the following City Council actions: 1. Adopting a resolution denying Amendment Application No. 2006-01 to rezone the two parcels from South Main Commercial (C-SM) to General Commercial (C2), or 2. Adopting an ordinance approving Amendment Application No. 2006-01 to rezone the two parcels from South Main Commercial (C-SM) to General Commercial (C2), 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 o a conditional use permit. D. On October 2, 2006 the City Council continued the matter to December 4, 2006. E. On December 4, 2006, the City Council held a duly noticed de novo public hearing to consider adopting one of the following actions: 1. Adopting a resolution denying Amendment Application No. 2006-01, or 75A-23 2. Adopting 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 o a conditional use permit. F. 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. (h) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (i) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. Q) 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. Ordinance No. NS-XXXX Page 2 of 5 75A-24 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 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 75A-25 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. All provisions of the Santa Ana Municipal Code, which are repeated herein, are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 6. 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 , 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney Ordinance No. NS-XXXX Page 4 of 5 75A-26 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 75A-27 75A-28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2006 TITLE: PUBLIC HEARING - ADOPTION OF RESOLUTION ESTABLISHING FEE FOR SHOPPING CART CONTAINMENT PROGRAM C Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution approving an annual fee for implementing the shopping cart containment program. DISCUSSION On October 2, 2006, an ordinance was approved by the City Council establishing specific regulations for every business utilizing more than five shopping carts for their customer use. In addition to identifying labels on each cart, the businesses must submit, and have approved, a shopping cart control plan to prevent unauthorized removal of the carts from the owner's premises, and specific time frames for retrieval of carts that may be taken from the premises. The ordinance further requires a fee, not to exceed the City's cost, to reimburse the City for its reasonable cost to administer and manage the activities mandated by the program. This includes the review of each business's proposed shopping cart control plan. Also included in the proposed fee is funding for the City's cost to undertake efforts to ensure compliance with the new regulations. Pursuant to state law, the fee will not reimburse the City for its own retrieval of carts. A study has been undertaken by staff to determine a reasonable fee amount. The shopping cart control program will be administered on a five year schedule, with plans reviewed and approved every five years. The City's costs will be higher each fifth year of the program, so the annual fee has been adjusted to reflect this fact. Based upon the study, staff recommends an annual fee of $550. 75B-1 Resolution Establishing Fee for Shopping Cart Containment Program December 4, 2006 Page 2 FISCAL IMPACT The proposed annual fee of $550 will, over a five year period, conservatively pay for the costs to administer the shopping cart control program. Staff will propose adjustment to the fee, if necessary. APPROVED AS TO FUNDS AND ACCOUNTS: ;~~ Jay M. Trevino cutive Director Planning & Building Agency ~~s ~ `~ ~.-~~ Francisco Gutierrezr:~ Executive Director {~ Finance & Management Services Agency DH:rb Rb\reporte\Shopping Cart Fees Reso.cc 75B-2 bk:11 /28/06 RESOLUTION A RESOLUTION FROM THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A SHOPPING CART CONTAIMENT PROGRAM FEE AND ADDING THIS FEE TO THE UNIFORM SCHEDULE OF MISCELLANEOUS FEES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Section 33-217 of the Santa Ana Municipal Code (Code), adopted by Ordinance No. NS-2725, provides that the City Council may establish, by resolution, an annual fee to administer and manage the City's shopping cart containment program established by said ordinance. This fee will be paid by each owner whose business uses more than five (5) shopping carts. B. The Council finds that as to this fee: The funds generated by this fee is to be used exclusively to administer and manage the shopping cart containment program established by Article IX of Chapter 33 of the Code. 2. There is a reasonable relationship between the use of these fees and the retailers on which the fee is imposed, in that the administration and management of the City's shopping cart containment program creates an impact on the City, and the fees that will be charged by the City are an appropriate response to this impact in that they will be used to dedicate staff efforts to ensure that the retailers who pay this fee act in accordance with the City's shopping cart containment program. It is also to the benefit of those paying the fee, i.e. retailers who use more than five (5) shopping carts, to have dedicated efforts by City staff to ensure that their competitors comply with the City's shopping cart containment program. 3. There is a reasonable relationship between the impacts the City experiences from abandoned shopping carts in the public right-of- way, and the retailers on whom the fee is imposed because the fee Resolution No. 2006-XXX 756_3 Page 1 of 2 is based upon the cost of administration, implementation and monitoring of the shopping cart containment program. . 4. This fee will take effect January 1, 2007. 5. The fee for this service would not duplicate any existing fee, charge, levy, or other toll currently collected by the City or any public agency. 6. The monies collected by this fee would be directed into a fund that would be used only to reimburse the City for the cost of administration, implementation and monitoring of the shopping cart containment program. C. Based upon the City's study the annual cost of administering, implementing, and monitoring the shopping cart containment program exceeds the annual fee to be imposed of $550.00 annually per premises. A study confirming these facts in greater detail is on file with the Clerk of the Council and is incorporated herein by reference as though fully set forth. D. Based upon all the testimony, reports and other evidence submitted on this matter, this City Council makes the above-specified findings. The Request for Council Action dated December 4, 2006 regarding this resolution, together with Ordinance No. NS-2725 and the Request for Council Action which accompanied said Ordinance are incorporated herein by this reference as though fully set forth. E. Unless otherwise indicated, the definitions set forth in section 33-210 of the Code shall govern the application and interpretation of this resolution. Section 2. An annual $550.00 per premises fee is hereby established for each owner as that word is defined in Article IX of Chapter 33 of the Code. This annual fee will be collected as provided in Article IX or Chapter 33 of the Code. Section 3. Without further action of the City council this fee shall be incorporated into the City's miscellaneous Fee Schedule. Section 4. If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Resolution No. 2006-XXX Page 2 of 2 7 ~ ~ _~ Section 4. This Resolution shall take effect immediately, 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: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN NOT PRESENT Councilmembers 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 7 C ~~C Page 3 of 2 75B-6 REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: DECEMBER 4, 2006 TITLE: ACQUISITION OF 1002, 10021-~, 1004 NORTH FRENCH STREET, AND 313, 3131-~, 315, 317 EAST TENTH STREET, AND APPROVAL OF RELOCATION AND REPLACEMENT HOUSING PLANS CITY MANAGER EXE UTIVE (RECTOR RECOMMENDED ACTION CITY COUNCIL ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution approving the Relocation Plan for the residential property located at 1002, 1002, 1004 North French Street and 313, 313%x, 315, 317 East Tenth Street. COMMUNITY REDEVELOPMENT AGENCY ACTION 1. Direct the Agency General Counsel to prepare and authorize the Executive Director to execute an agreement for the acquisition of real property and escrow instructions acquiring the real property located at 1002, 10021, 1004 North French Street and 313, 313'x, 315, 317 East Tenth Street, Santa Ana, AP# 398-027-15, from the Cort Stricker Separate Property Trust for the amount of $880,000 plus normal escrow and closing costs and rent loss for vacant units. 2. Adopt a resolution approving the Replacement Housing Plan for the residential property located at 1002, 10021-~, 1004 North French Street and 313, 313%2, 315, 317 East Tenth Street. 80A-1 Acquisition of 1002, 1002 =~, 1004 North French Street, and 313, 313 ~, 315, 317 East Tenth Street, and Approval of Relocation and Replacement Housing Plans December 4, 2006 Page 2 COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION CITY COUNCIL ACTION Recommend that the City Council adopt a resolution approving the Relocation Plan for the residential property located at 1002, 1002'x, 1004 North French Street and 313, 313'x, 315, 317 East Tenth Street. COMMUNITY REDEVELOPMENT AGENCY ACTION Recommend that the Community Redevelopment Agency: 1. Direct the Agency General Counsel to prepare and authorize the Executive Director to execute an agreement for the acquisition of real property and escrow instructions acquiring the real property located at 1002, 1002'-~, 1004 North French Street and 313, 313%x, 315, 317 East Tenth Street, Santa Ana, AP# 398-027- 15, from the Cort Stricker Separate Property Trust for the amount of $880,000 plus normal escrow and closing costs and rent loss for vacant units. 2. Adopt a resolution approving the Replacement Housing Plan for the residential property located at 1002, 1002'-~, 1004 North French Street and 313, 313'-~, 315, 317 East Tenth Street. This item was continued from the November 7, 2006, Community Redevelopment and Housing Commission meeting by a vote of 4:0 (Jauregui, Turner, Yanez absent). At its Regular Meeting of November 21, 2006, the Community Redevelopment and Housing Commission voted 2:2 on this item (Turner, Yanez, No) (Jauregui, Sarmiento and Welty absent). DISCUSSION The property located at 1002, 1002, 1004 North French Street and 313, 313'-~, 315, 317 East Tenth Street, shown on Exhibit 1, encompasses 9,234 square feet of land and is improved with a single-family residence, which has been subdivided into three units and a four-plex. The 80A-2 Acquisition of 1002, 1002 %z, 1004 North French Street, and 313, 313 '-~, 315, 317 East Tenth Street, and Approval of Relocation and Replacement Housing Plans December 4, 2006 Page 3 purchase price of $880,000 represents the current fair market value for the property. In an effort to preserve the historic integrity of the original home, the property will be rehabilitated in coordination with the French Park Neighborhood Association and in accordance with state historic requirements. Once the property is rehabilitated, it will be sold to a moderate-income household. At the time the property is sold, there will be restrictions regarding re-sale affordability and maintenance standards recorded against the property. The California Health and Safety Code (Code) requires that when a Redevelopment Agency enters into an agreement for the acquisition or disposition and development of property that would lead to displacement of people from their homes, the legislative body must adopt, by resolution, a relocation plan. The acquisition of the property and subsequent demolition of the existing improvements will result in the displacement of seven households. The attached Relocation Plan (Exhibit 2) addresses this displacement and has been prepared in accordance with the Code. Additionally, the Code requires the Agency to adopt, by resolution, a replacement housing plan whenever it destroys or removes dwelling units from the low- and moderate-income housing market. Among other things, this replacement housing plan shall specify how and where the Agency shall provide replacement housing units. The attached Replacement Housing Plan (Exhibit 3) has been prepared for the property in accordance with the Code. CEQA COMPLIANCE In accordance with the California Environmental Quality Act, Categorical Exemption No. ER 2006-176 will be filed for this property. 80A-3 Acquisition of 1002, 1002 '-~, 1004 North French Street, and 313, 313 '~, 315, 317 East Tenth Street, and Approval of Relocation and Replacement Housing Plans December 4, 2006 Page 4 FISCAL IMPACT Funds are available in the Housing Set-Aside Fund, Santa Ana Boulevard Development Plan account (account no. 507-936-6611, project no. 07- 8042). APPROVED AS TO FUNDS AND ACCOUNTS: `~1cvr1 ado Nancy T. dwards Francisco Gutierrez C~ Assistant Director Executive Director Community Development Agency Finance and Management Services Agency SGH/SLB/mlr H:\ACTIONS\2006 CC\JT CC-CRA Acqui1009NorthFrench 12-4-06.doc 80A-4 H W W ~ ~ N N N ELEVENTH ST. Pd~N~ TENTH STREET y~ ~~~,~~ = 9 z Z LL vPNGE 0 W @3 2 ~ N ~ ~ a m N NINTH STREET N~9 ~~ e~ 1004 North French Street Exhibit 1 80A-5 RELOCATION PLAN FOR THE FRENCH STREET RELOCATION PROJECT COMMUNITY REDEVELOPMENT AGENCY OF SANTA ANA Copies are available in the 6`~ Floor, Community Development Agency Room 626 EXHIBIT 2 80A-6 REPLACEMENT HOUSING PLAN Statement of Purpose and Objectives This Replacement Housing Plan is prepared in accordance with California Health and Safety Code Section 33413. The project consists of the acquisition and removal from the housing market of the residential property located at 1004 North French Street in the City of Santa Ana by the Community Redevelopment Agency of the City of Santa Ana (Agency). The property consists of a single family home that has been divided into three rental units and afour-plex. Six of these units are one bedroom, and the seventh is a studio unit. All were occupied by very low-income households. Therefore they are subject to replacement in accordance with the legal requirements of the California Community Redevelopment Law (Health and Safety Code Section 33413 et seq.). Replacement units will initially be made available for occupancy at any time during the period beginning one year before the Agency's submission of the information required under the Plan and ending four years after acquisition of the property and its removal from the low- and moderate-income housing market. All replacement housing will be provided within four years of acquisition of the property and its removal from the low- and moderate-income housing market. Project Property Descri tU ion The location of the project property is identified in a site map, attached as Exhibit 1. The property is further described in Exhibit 2, which identifies the property by address with parcel number and number of bedrooms. Pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33413 et seq.) all occupied and vacant occupiable units will be replaced in kind. Replacement Housing Units Exhibit 3 delineates by number of bedrooms the location where the replacement units are or will be located. It is anticipated that 1411 North Durant Street and 1501 North Ross Street units will be utilized for replacement housing purposes. Any replacement units not accommodated in these projects will be developed on infill sites or will be acquired or otherwise caused by regulation or agreement for the purchase of long term affordability covenants that meet replacement obligations for the 1004 North French Street project. In addition, the City's Housing Element identifies potential sites where any remaining replacement units maybe located. Income Level of Replacement Units The replacement dwelling units will be affordable and occupied exclusively by tenants with the same income levels as the persons displaced from the dwelling units that are EXHIBIT 3 Page 1 of 4 80A-7 being removed from the low-, very low- and moderate-income housing market. Therefore, all units will be made available to low-, very low- and moderate-income households. Funding Source The Agency and the City of Santa Ana have committed sufficient Tax Increment funds to finance the required replacement units. Low/Moderate Income Assurance All agreements related to replacement housing units will contain a covenant requiring that units remain available at affordable housing cost to, and occupied by, persons and families of very-low, low- and moderate-income for not less than fifty-five years for rental properties and for not less than forty-five years for homeownership units, as required by the Health and Safety Code Section 33413. Article 34 Com lip ance The replacement housing to be provided pursuant to this Replacement Housing Plan does not require the approval of the voters pursuant to Article 34 of the California Constitution, in that all of the replacement housing units fall within exceptions to the definition of "low-rent housing project" in California Health and Safety Code Section 37001. Availability of Plan Section 33413.5 of the Health and Safety Code requires that, for a reasonable period of time prior to its adoption by resolution, the Agency make available a draft of this Replacement Housing Plan for review and comment by the project area committee, other public agencies, and the general public. Beginning October 23, 2006 and ending November 3, 2006, the Plan will be available Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. in the following locations: Housing Department 20 Civic Center Plaza, 3`d Floor Community Redevelopment Agency 20 Civic Center Plaza, 6~" Floor Office of the City Clerk 20 Civic Center Plaza, 8~" Floor The availability of the draft Plan will be made known by means of a public notice published in the Orange County Register, a local newspaper of general circulation, on October 21, 2006. EXHIBIT 3 Page 2 of 4 80A-8 UNITS TO BE REMOVED FROM LOW-AND MODERATE-INCOME HOUSING MARKET Unit Address Current Use Assessor's Parcel Number Number 1 313 E. 10` Street, Santa One Bedroom 398-027-15 Ana Apartment 2 313 % E. 10` Street, Santa One Bedroom 398-027-15 Ana Apartment 3 315 E. 10` Street, Santa Studio Apartment 398-027-15 Ana 4 317 E. 10` Street, Santa One Bedroom 398-027-15 Ana A artment 5 1002 N. French Street, One Bedroom 398-027-15 Santa Ana A artment 6 1004 N. French Street, One Bedroom 398-027-15 Santa Ana Apartment 7 1004 %2 N. French Street, One Bedroom 398-027-15 Santa Ana Apartment EXHIBIT 2 EXHIBIT 3 Page 3 of 4 80A-9 PROJECTED REPLACEMENT PROPERTIES Parcel # To Replace A.P.N Address #Bedrooms Date Unit Available 1 005-112-19 1501 N. Ross 1 2007 2 005-112-19 1501 N. Ross 1 2007 3 005-112-19 1501 N. Ross 1 2007 4 005-112-19 1501 N. Ross 1 2007 5 005-112-19 1501 N. Ross 1 2007 6 005-112-19 1501 N. Ross 1 2007 7 398-522-25 1411 N. Durant 1 2007 EXHIBIT 3 Page 4 of 4 80A-10 11 /3/06 les RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR RESIDENTIAL PROPERTY LOCATED AT 1002, 1002 %2 ,1004 NORTH FRENCH STREET, AND 313, 313 '/2, 315, 317 EAST TENTH 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 ("Council") hereby finds, determines and declares as follows: A. The Community Redevelopment Agency ("Agency") is purchasing real property located at 1002, 1002 %2, 1004 North French Street, And 313, 313 '/2, 315, 317 East Tenth Street ("the Property"). B. The Property encompasses 9,234 square feet of land, and is improved with asingle-family residence which has been subdivided into three (3}units, and afour-plex. C. The Property will be rehabilitated in coordination with the French Park neighborhood and in accordance with state historic requirements, in an effort to preserve the historic integrity of the original home. Once rehabilitated, the house will be sold to a moderate income household. D. Pursuant to California Government Code section 7260, et seq., a public entity is required to adopt a relocation plan, by resolution, whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which would lead to displacement of people from their homes. E. The relocation plan has been prepared in conformance with applicable provisions of the California Government Code section 7260, et seq., Relocation Guidelines (California Code of Regulations, Title 25), as well United States Department of Housing and Urban Development regulations. F. The relocation plan is required due to the displacement of seven households. Section 2: The City Council hereby approves the relocation plan for the residential property located at the aforementioned addresses, and the 80A-11 11!3/06 les establishment of an account in accordance with state mandates for the payment of relocation benefits to the displaced households. 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 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Lisa E. Storck 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- 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 80A-12