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Home My WebLink About FULL PACKET_2007-02-20ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 510 NORTH EUCLID STREET FROM COMMUNITY COMMERCIAL (C1) TO SINGLE-FAMILY RESIDENCE (R1) (AA NO. 2006-06) 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. 2006-06 has been filed with the City of Santa Ana to rezone the property located at 510 North Euclid Street from Community Commercial (C1) to Single-Family Residence (R1). B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on January 8, 2006 on Amendment Application No. 2006-06. The Planning Commission determined by a vote of 5:0 (Gartner absent) to recommend that the City Council adopt a resolution approving Amendment Application No. 2006-06. C. On February 5, 2007 the City Council held a duly noticed public hearing regarding the adoption of an ordinance approving Amendment Application No. 2006-06, to rezone the property located at 510 North Euclid Street from Community Commercial (C1) to Single-Family Residence (R1). D. The existing zoning and general plan designations for the subject property are inconsistent. As the General Plan for the City indicates this area as Low Density Residential (LR-7), the long range vision for the area encourages the development of single-family residential uses. Additionally, the existing land uses on the block are comprised primarily of single-family with several two-family residences and the adjacent church. E. Policy 5.4 of the Land Use Element states that the City should support projects that are consistent with the General Plan designation. F. Based upon the evidence referenced herein, including all oral testimony before the Planning Commission and the City Council at their respective public hearings, the proposed Amendment Application No. 2006-06 to rezone property located at 510 North Euclid Street from Community 11 A-1 Commercial (C1) to Single-Family Residence (R1) bears a substantial and reasonable relationship to the public welfare. G. Based upon the evidence referenced herein, including all oral testimony before the Planning Commission and the City Council at their respective public hearings, the rezoning of 510 North Euclid Street would be consistent with the appropriate planning and land use criteria. H. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15061(b)(3). The project has been evaluated and found to have no significant effect on the environment. Categorical Exemption No. 2006-19 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. 2006-06. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Council Action dated February 5, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The real property located at 510 North Euclid Street from Community Commercial (C1) to Single-Family Residence (R1). Amended Sectional District Map number 8-5-10 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. 2006-06). 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 , 2007. Miguel A. Pulido Mayor 11 A-2 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 A-3 Clty of GerEen Gr L a,.,o N C C f II 4 O IV Ir7 I W ~ si ri-,o scALE w FEE, SECTIONAL OISTR ICT MAP9 540 1 1 ~ ADOPTED BV THE SANTAANACRV COUNCIL , AUGUST t], 1959 BY ORDINANCE NS 394 0 ~~ 60~ MFRONT20E 6000 MINIMUM LOTAREn Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT R1 SINGLE-FAMILY RESIDENCE -B PARKING MODIFICATION GC GOVERNMENT CENTER R44W0 SMALL LOT SINGLE-FAMILY RESIDENCE mis NnvismeorRCULSECnoxnL Ct COMMUNItt COMMERCIAL Mt LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE Disrxmr MnroFmearoFSUnn ern. 19 PxTgPIEED 6V CIiV LOxHLIL CLMD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M2 HEAVY INDUSTRIAL R3 MULTIPLE~FAMILV RESIDENCE x~uLUrlox xo. Eanca, Dnreouiau,i C2 GENERAL COMMERCIAL MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT xEeEev n*TFSrmnTmE: NnFlsnrxuE wwaFmeoxiDwnLEECnoxu Dismc* C3 CENTRAL BUSINESS 0 OPEN SPACE RE RESIDENTIAL ESTATE MnF xo. wfa G&A CENTRAL BUSINESS-ARTISTS'VILLAGE P PROFESSIONAL SD SPECIFIC DEVELOPMENT sgmn _ _ _ C4 PLANNED SHOPPING CENTER PCD PLANNED COMMUNITY DEVELOPMENT SP SPECIFIC PLAN 'Rr Tr~Ergxo Ex ECUrnE Di cmx CS ARTERIAL COMMERCIAL PD PLANNED DEVELOPMENT ~ wnsunownDExcr CR COMMERCIAL RESIDEMIAL PRD PLANNED RESIDENTIAL DEVELOPMENT ced:aro Deu. amv t; xoos,. PREPARED BV THE PLANNING DIVISION - CITY OF SANTA ANA, CALIFORNIA MEMORANDUM Laura Sheedy To: Assistant City Attorney Date: February 6, 2007 From: Assistant Director Community Development Agency Subject: REQUEST FOR DESTRUCTION OF RECORDS In accordance with the retention schedule outlined in City Council Resolution 2006-045, the Community Development Agency requests your consent to destroy the City and Community Redevelopment Agency records identified on the attached listing. Thank you. ~~~ Nancy Edwi~'rds NE/te Attachment H:\MISC\Nancy - Memostretention memo 2-6-07.doc 19C-1 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE Community Development Agency 2007 Record Record Cate o Series Record Descri tion Record Dates ADMIN SVCS Parking Broken Meter Reports -Citations 2004 Logs and Non-Citations Report of Foreign Objects (found in 1999-2004 meters Meter Revenue Logs July 2001-Dec. 2004 HOUSING Development Paid Off, Denied, Drop Off or Jan- Dec 2001 Services Forgiven Loans HOUSING Ineligible Self-explanatory Jan- Dec 2001 AUTHORITY Applicant Files HOUSING Terminated Self-explanatory Jan- Dec 2001 AUTHORITY Participant Files HOUSING Expired Self-explanatory Jan- Dec 2001 AUTHORITY Vouchers PREPARED BY: /~ ~ Terri Eggers , ~ ate ~~ 7 Senior Management analyst Community Development Agency CONSENT BY: .~ Stephen G. Hardin Date Deputy City Manager for Development Services Community Development Agency RECORDS DESTROYED: 68 boxes APPROVE BY~ Jos h Fletcher Date Ci Attorney 19C-2 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Assistant to the City Manager Date: February 8, 2007 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. 19C-3 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2007 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence Jan. 1, 2005 and prior Correspondence/ Jan. 1, 2005 Chronological Files Councilmember Self-explanatory and prior Council Requests Mayor Inquiries processed for Mayor Jan. 1, 2005 and prior Wards 1 through 6 Inquiries processed for Councilmembers Jan. 1, 2005 and prior Correspondence General Correspondence Self-explanatory Jan. 1, 2005 and prior Staff Inquiries processed for Staff Jan. 1, 2005 and prior Monthly Status City Manager Self-explanatory Jan. 1, 2005 Reports and prior Payroll Records Council/Staff Self-explanatory Jan. 1, 2005 and prior Jan. 1, 2005 Travel Folders Council/Staff Self-explanatory and prior APPROVE: CONSENT . David N. Ream ~ Date J ph W. F City Manager Attorney RECORDS DESTROYED: Volume Weight in Cubic Feet in Pounds AUDITED BY: Mark Lawrence Date Assistant to the City Manager 19C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 20, 2007 TITLE: FIREMAN'S FUND HERITAGE GRANT APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For /~N ,~ '-~ lam' CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER 1. Authorize the City Manager to accept a Fireman's Fund Heritage Grant in the amount of $10,000. 2. Approve an Appropriation Adjustment appropriating $10,000 of grant funds into the Fireman's Fund Grant revenue and expenditure accounts. DISCUSSION The Fireman's Fund Heritage Grant program is a program of the Fireman's Fund Insurance Company as a commitment to support firefighters. The focus of the grant program is to provide needed equipment, firefighter training and community education programs, and as of December 2006 over $10 million in grant funds has been awarded to fire departments throughout the United States. The Santa Ana Fire Department has been awarded a $10,000 grant from this program. These funds will be used to provide much needed audio visual equipment at our Training Facility, which will enhance the presentation of our department's training programs. FISCAL IMPACT Acceptance of the Fireman's Fund Heritage Grant and Approval of the Appropriation Adjustment of $10,000 will increase the anticipated revenues in the Firem n's Fund Grant revenue account by $10,000 (account no. 146-01 ~ ),i aappropriate the same into the Fireman's Fund Grant expenFil~Ly re a co nt (account no. 146-333-various). +) APPROVED AS TO FUNDS AND ACCOUNTS: ' -~S3LQS ~ ~ . ~.. ,~ Ph 11 p M. Gar 'a Francisco Gutierrez Fire hief Executive Director ire Department Finance & Management Services Agency 20A-1 20A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2007 TITLE: CONTRACT RENEWAL FOR REPROGRAPHIC PAPERS AND ENVELOPES (SPEC. NO. 05-130) }zL~2~~"~~~~~~~~ 1• CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 ~' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with Unisource Worldwide, Inc., for reprographics papers and envelopes for a one-year period in the annual amount not to exceed $110,000. DISCUSSION The Finance and Management Services Agency's Central Services section orders copier, laser and specialty paper to provide copy paper for various City agencies and production paper for the in-house reprographic service. However, due to volume the Police Department receives direct delivery of copy paper for its operations including usage at the Police Holding Facility. The Police Department has requested an increase of 15°s for the new contracted period. On March 6, 2006, the City Council awarded a contract to Unisource Worldwide, Inc., for a one-year period with provisions for two, one-year renewals. The vendor has performed satisfactorily during the past contract period, but has requested a 10 percent increase in pricing. The request is a result of Unisource re-addressing their pricing structure due to increased costs associated in fuel, labor, storage and trucking. Previously, Unisource had tried to maintain pricing by passing along only paper mill increases. Staff did survey the market to ensure continued competitive pricing and determined that Unisource continues to offer the best price. As such, staff recommends the first renewal of the contract. 22A-1 Contract Renewal for Reprographics Papers and Envelopes February 20, 2007 Page 2 FISCAL IMPACT Funds are available in the Central Services and the Police Property & Facilities Operating Material & Supplies accounts (account nos. 71-176-6391 and 11-343-6391). APPROVED AS TO FUNDS AND ACCOUNTS: Paul ,M` Walters ghFrancisco Gutierr Chief of Police Executive Director Finance & Mgmt. Services Agency]~~ PMW/KM/05-130R1.7:uc 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2007 TITLE:. CONTRACT AWARD FOR CLASS 2 TREE PRUNING AT THE SANTA ANA CIVIC CENTER (SPEC. NO. 06-186) CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Great Scott Tree Service, Inc., for Class I fine pruning of trees at the Santa Ana Civic Center complex in the amount of $68,680. DISCUSSION The Parks, Recreation and Community Services Agency is pruning the trees located at the Santa Ana Civic Center complex. The Civic Center has 1,053 trees. Annual pruning of the trees restores their visual appearance and removes any safety hazards. In addition, the normal maintenance program designed to keep the trees healthy includes an International Society of Arboriculture Certified Arborist to supervise the Class I fine pruning of the City trees. The notice inviting bids was advertised on December 4 and 6, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 18 Invitations For Bid mailed 5 Invitations For Bid mailed to Santa Ana vendors 3 Bids received Bids were received, opened on December 22, 2006, and evaluated (Exhibit 1). Staff contacted the Santa Ana vendors, who all indicated that the scope of the work was beyond their current capacity. The bid received from Great Scott Tree Service, Inc., is responsive to the specification and meets the City's requirements. 22B-1 Contract Award for Tree Pruning February 20, 2007 Page 2 FISCAL IMPACT Funds are available in the Civic Center Regular Maintenance Other Contractual Services account (account no. 74-242-6291). APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Mouet Executive Direc Parks, Rec. & C Svcs. Agency TMCC~S`~APa~ ;, ~$ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency~~ GM/WO/06-186.8:uc 22B-2 ABSTRACT OF BIDS CONTRACT AWARD FOR TREE PRUNING AT SANTA ANA CIVIC CENTER (SPEC. N0. 06-186) Great Scott Peterson's So. Cal Tree Tree Service, Inc. Tree Works Care, Inc. Location: Stanton Orange Vista Terms: Net 30 Net 30 Net 30 Price: $68,680.00 $75,683.00 $93,567.00 Sales Tax Included Included Included @ 7.75%: Total: $68,680.00 $75,663.00 $93,567.00 1% Local N/A N/A N/A Vendor Preference EXHIBIT 1 22B-3 22B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2007 TITLE. CONTRACTS AWARD FOR ROCK, SAND AND AGGREGATE BASE MATERIALS (SPEC. NO. 06-190) ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 ~' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award contracts for rock, sand and aggregate base materials for a one-year period, with provision for four, one-year renewals, in the following annual amounts not to exceed: Vendor: Location: Amount: So Cal Sandbags, Inc. Corona $50,000 West Coast Sand & Gravel Buena Park $50,000 DISCUSSION The Public Works Agency's Water Division provides maintenance and repairs on the City's 450 mile water system. In performing these duties for general replacement and emergency water main repairs, the agency requires an assortment of road materials. Rock, sand and aggregate base materials are used as backfill when repairing any asphalted surface. The contract for rock, sand and aggregate base materials is designed to provide quality products at significant savings based on quantity pricing. To help ensure that all necessary items are available when required, staff recommends awarding contracts to two vendors. The notice inviting bids was advertised on December 20 and 22, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 15 Invitations For Bid mailed 3 Bids received Three bids were received and opened on January 17, 2007. One of the bids was found to be non-responsive to the specification, as the vendor did not bid on all contract items. The bids were evaluated by price, range of commodities, and vendor location. The bids received from So Cal Sandbags, Inc., and West Coast Sand & Gravel are responsive to the specification. 22C-1 Contracts Award for Rock, Sand and Aggregate Base Materials February 20, 2007 Page 2 Annual amounts are based upon past usage and staff's projection for the next year. FISCAL IMPACT Funds are available in the Sanitary Sewer Services and the Water Systems Maintenance Operating Materials & Supplies accounts (account nos. 56-575- 6391 and 64-575-6391). APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ros ~ Francisco Gutierrez Execut' e Director Executive Director P liq~Works Agency Finance & Mgmt..Services Agency J /WO/06-190.9:uc 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2007 TITLE: CONTRACTS AWARD FOR AMMUNITION (SPEC.. NO. 07-012) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Reject the bids from Precision Ammunition, LLC as nonresponsive. 2. Award contracts for ammunition for a two-year period with provision for three, one-year renewals in an annual amount not to exceed $98,350 with the following vendors: Vendor Location Dooley Enterprises, Inc. Anaheim Proforce Law Enforcement Brea San Diego Police Equipment Co. San Diego DISCUSSION The Santa Ana Police Department provides ammunition to its sworn officers, primarily for use during training and range qualification testing. Officers are required to requalify regularly to maintain proficiency in the use of firearms. The contracts for ammunition are designed to provide quality products at a significant savings based on quantity pricing. The notice inviting bids was advertised on January 17 and 19, 2007, and bids were solicited. A summary of the bid invitations and bids received is as follows: 11 Invitations For Bid mailed 4 Bids received Bids were received and opened January 29, 2007 (Exhibit 1). Vendors were provided the opportunity to bid on 33 types of ammunition. None of the respondents bid on all 33 items contained in the invitation. The bids received from Dooley Enterprises, Inc., San Diego Police Equipment Co., and Proforce Law Enforcement are the most responsive to the specifications and meet the Police Department's requirements. 22D-1 Contracts Award for February 20, 2007 Page 2 FISCAL IMPACT Ammunition Funds. are available in the Police Training Services Operating Materials & Supplies account (account no. 11-334-6391) APPROVED AS TO FUNDS AND ACCOUNTS: ~i i,: ~--._,_ Paul M. Walters Chief of Police PMW/SP/07-012.7:uc ~(~2Li~r.y~r , ~~, ~ y Francisco Gu~errez Executive Director Finance & Mgmt. Services Agency !~ 22D-2 ABSTRACT OF BIDS CONTRACT AWARD FOR AMMUNITION SPEC. NO. 07-012 Vendor Dooley Enterprises Location Anaheim Terms N30 Delivery 7 - 45 Days Number of items offered of 33 item 15 requested Items awarded 14 Total Value $67,456.89 Precision Ammunition Tampa, FL N30 20 Days 3 0 Exhibit 1 22D-3 Proforce Law San Diego Police Enforcement Equipment Brea San Diego N30 N30 15 Days 10 - 210 Days 2 22 2 8 $9,993.81 $26,879.79 22D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2007 TITLE: CONTRACT RENEWAL FOR POSITIVE DISPLACEMENT COLD WATER METERS (SPEC. NO. 03-091) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Renew-the contract with Badger Meter, Inc., for positive displacement cold water meters for a one-year period in the annual amount not to exceed $70,000. DISCUSSION The Public Works Agency regularly performs installation, maintenance, and replacement of residential and commercial water meters. The meters are purchased through the Central Stores warehouse for distribution to the Public Works Agency as needed. Typically, a water meter is replaced every 15 years. The contract for water meters is designed to provide quality products at significant savings based on quantity pricing. On March 1, 2004, the City Council awarded contracts for cold water meters to Badger Meter, Inc., and HD Supply Waterworks, formerly Hughes Supply, Inc., for a two-year period with provision for three, one-year renewals. The vendors have performed satisfactorily during the past contract period. Badger Meter, Inc., has agreed to renew the contract without an increase in pricing. Staff recommends the second renewal of the contract with Badger Meter. Inc. FISCAL IMPACT Funds are available in the Water Utility Water Quality & Measurement Operating Materials & Supplies account (account no. 64-578-6391). APPROVED AS TO FUNDS AND ACCOUNTS: ~~~~ JamAs ¢. Ross Exe~ut`ive Director Public Works Agency JGR/WO/03-191R2.9:uc y~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22E-1 22E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2007 TITLE: COOPERATIVE AGREEMENT WITH SANTA ANA UNIFIED SCHOOL DISTRICT AND APPROPRIATION ADJUSTMENT FOR TRAFFIC SIGNAL MODIFICATION ON EDINGER AVENUE AND MOHAWK DRIVE CONTINUED TO CITY 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 ~~,,,_- - FILE NUMBER RECOMMENDED ACTION 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a cooperative agreement with the Santa Ana Unified School District to modify the traffic signal on Edinger Avenue at Mohawk Drive. 2. Approve an appropriation adjustment accepting funds from the Santa Ana Unified School District in the amount of $70,000 into the Select Street Construction fund (account no. 59-01-5621-6) and appropriating funds to the Select Street Construction fund (account no. 59-551-6631) for the traffic signal installation modification on Edinger Avenue and Mohawk Drive. DISCUSSION At the January 16, 2007 City Council meeting, Windsor Village Neighborhood residents expressed concerns about the traffic signal modification at Edinger Avenue and Mohawk Drive (Exhibit 1). In response the City Council directed staff to meet and discuss the traffic signal modification with the Windsor Village Neighborhood and Santa Ana Unified School District (SAUSD) On February 7, 2007, City staff met with the Windsor Village Neighborhood Association and SAUSD to discuss the scope of the traffic signal modification which will mitigate some of the traffic congestion at this intersection created by the opening of the new Hector Godinez High School in Centennial Park. The traffic signal modification will provide for eastbound/westbound left turn arrows, northbound/southbound split phasing, a northbound right turn arrow, and an eastbound right turn lane. 25A-1 Cooperative Agreement With Santa Ana Unified School District February 20, 2007 Page 2 The City and the SAUSD agreed to share the cost of this improvement. To receive the funds from the SAUSD, a cooperative agreement is needed with the SAUSD. As part of the Cooperative Agreement, the SAUSD will be required to provide the City with $70,000 to fund the modification of a traffic signal on Edinger Avenue and Mohawk Drive. The City will pay the remainder of the cost which is also estimated to be $70,000. The funds received by the City will be used for design and construction of the traffic signal. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $70,000 for the City's share of the cost for this proposed agreement are available in the Select Street Construction fund (account no. 59-551-6631). Funds received from the SAUSD in the amount of $70,000 will be deposited into the Select Street Construction fund (account no. 59-O1-5621-6) and appropriated into the Select Street Construction fund (account no. 59-551-6631). APPROVED AS TO FUNDS AND ACCOUNTS: ~'"tx/ ~~~~~~ .~J4. ~ MCA( n n~~ ~~ James G.~Ross Francisco Gutierrez /~ Executive Director Executive Director ^' Public Works Agency Finance & Mgmt. Services Agency 25A-2 SANTA ANA P~1 TRAFFIC SIGNAL MODIFICATION vUBL1CW`~~ EDINGER AVENUE AT MOHAWK DRIVE ~rtioA ~ J q I ~~ 25~x3ieir, KEY: Proposed Traffic Signal Location 25A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2007 TITLE: AGREEMENT WITH DR. SUSAN SAXE- CLIFFORD FOR PSYCHOLOGICAL SERVICES n ~ l.~ ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Susan Saxe-Clifford, Ph.D, to provide psychological services in an amount not to exceed $40,000. DISCUSSION The Police Department performs psychological pre-employment screenings of all police officer, police service dispatcher, and correctional officer applicants as mandated by law. In addition, police personnel are offered post-traumatic psychological incident evaluations, fitness-for-duty reviews of police officers, and crisis intervention counseling. The Department anticipates the need for psychological services to remain at the current level over the next several years. The number of pre- employment screenings will remain constant due to the ongoing need to fill existing and future vacancies. Additionally, the department plans to continue its preventive program currently in place for personnel in stressful assignments, such as child abuse investigation. The agreement reflects service rates that are consistent with standard professional fees. Pre-employment psychological evaluations will be billed at a rate of $400 per applicant. Post-traumatic psychological review, fitness for duty reviews, and crisis intervention will be billed at a rate of $250 per hour. Court review and testimony will be billed at a rate of $350 per hour. The Police Department has contracted with Dr. Saxe-Clifford for more than fifteen years. During that time, she has provided excellent psychological services for the department and continues to be highly respected in her field. Department staff recommends the approval of this agreement as Dr. Saxe-Clifford has established a trusted relationship with the Police Department staff. 25B-1 Agreement for Psychological Services February 20, 2007 Page 2 FISCAL IMPACT Funds are available in the Police Department Human Resources, Other Contractual Services Account (account no. 11-332-6291). APPROVED AS TO FUNDS AND ACCOUNTS: <.. .. ,L Paul M. Walters Chief of Police Police Department Francisco Gutierrez ~~.c~ Executive Director ~ p Finance & Mgmt. Services Agency 25B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2007 TITLE: AMEND AN AGREEMENT FOR CONTRACTED ENVIRONMENTAL SERVICES WITH EIP ASSOCIATES AND APPROPRIATION ADJUSTMENT /_I CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to amend an agreement with EIP Associates to prepare an Environmental Impact Report (EIR) and related technical studies and zoning amendment for the First and Fourth Streets Study Area for an additional amount of $122,927, not to exceed a total contracted amount of $514,127. 2. Approve an appropriation adjustment recognizing $93,682 in the 2006- 2007 FY revenue account for environmental review fee for the First and Fourth Street Study Area (account 11-O1-5452-113) and appropriating $93,682 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 EIP Associates. DISCUSSION In February 2006 City Council approved an agreement for $391,200 for contracted environmental review for the First and Fourth Street Study Area (Metro East). At the same time an appropriation adjustment was approved recognizing $391,200 in the revenue account for environmental review and allocating a like amount to the Planning and Building Agency account for contractual services. In 2005 a conceptual vision plan and development framework for the First and Fourth Streets study area east of the I-5 Freeway was presented to the City Council and direction given to staff to pursue a comprehensive planning framework for the study area. That vision plan outlined where residential and mixed use development might be appropriate for future development, as well as provided general direction to guide the design of any future development of this type. The purpose at that time was to serve as a strategic guide for decisions regarding the development proposals, general plan updates and zone changes. 25C-1 Amend an Agreement with EIP Associates and Appropriation Adjustment February 20, 2007 Page 2 Since that time, Shea Homes withdrew a development proposal within the study area. Staff has continued to work with NDC Development, who wishes to pursue a residential mixed-use project in the study area. Along with services of EIP Associates, staff 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, as well as the preparation of zoning level documents that can allow for the proposed development. NDC has agreed to share the cost of these studies and will be funding the majority of the recommended contract. An appropriation adjustment is necessary to recognize the additional amount of consultant fees required for the environmental impact report and to allocate a same amount to the Planning and Building Agency 2006- 2007 FY account for contractual services. As a result of the withdrawal of one of the development teams last fiscal year, $29,245 was withheld by the City for Planning fees reimbursed to this applicant. This amount, along with the amount of the requested appropriation adjustment, will cover the net increase to the amended agreement. With the changes and the withdrawal of one of the development teams, a revised scope of work has been outlined. Specifically, the additional monies will fund added environmental analysis including a water supply assessment and health risk assessment. Further, added traffic analysis will be necessary for the study area and region. Staff is recommending a sole source agreement for this project with EIP Associates due to the technical expertise that they have in both environmental analysis for complex projects, as well as for their experience in developing urban design zoning standards. EIP Associates previously prepared the land use study for the project area. This contract will continue to build on that successful effort. Presently, EIP Associates 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. Environmental Impact The awarding of a contract for preparation of an environmental impact report and zoning amendment is statutorily exempt from CEQA. 25C-2 Amend an Agreement with EIP Associates and Appropriation Adjustment February 20, 2007 Page 3 FISCAL IMPACT The applicant of the project, NDC Development, will deposit the additional amount required for the agreement amendment with the City of Santa Ana, in a special account for the proposed project for 2006-2007 fiscal year. The total appropriation adjustment will increase the anticipated revenue in the special revenue account for the project (account no. 11-O1-5452-113) by $93,682 and increase the Planning and Building Agency expenditure allocation for contractual services by $93,682 (account no. 11-505-6291) for payment to EIP Associates. APPROVED AS TO FUNDS AND ACCOUNTS: ay M. Trevino Francisco Gutierrez cutive Director Executive Director a~; Planning and Building Agency Finance & Management Services Agency SK:rb ek\repo rte\~end EIP Contract Eeb509 25C-3 25C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2007 TITLE: AMENDMENT TO AGREEMENT A-2004-053 WITH ACCO ENGINEERED SYSTEMS ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on Intl 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 agreement A-2004-053 with ACCO Engineered Systems, Inc., to extend the term through fiscal year end and increase the amount by $38,000, for a total amount not to exceed $103,000. DISCUSSION In April 2004, the City of Santa Ana entered into an agreement with ACCO Engineered Systems, Inc., for preventive maintenance and repairs of air conditioning and heating systems at various City buildings. These facilities include the Police Administration and Holding Facility, City Hall, Ross Annex, libraries, senior centers, fire stations, and Corporation Yard. The amendment will allow for the completion of several projects and extend the term of the agreement through June 30, 2007. Included are the repair of an evidence freezer and boiler inspections of an air conditioning system for the Fire Department's computer server room, and the installation of a radiant heater at the Corporation Yard. The recommended action will allow for uninterrupted service while proposals for another long-term agreement are solicited. 25D-1 Amendment to Agreement A-2004-053 with ACCO February 20, 2007 Page 2 FISCAL IMPACT Funds are available in the Police Building & Facilities, Fire Maintenance, and the Water Utility Water System Maintenance Other Contractual Services accounts (account nos. 11-350-6291, 11-327-6291, and 64-575-6291). APPROVED AS TO FUNDS AND ACCOUNTS: L ~ tis Paul M. Walters Chief of Police P il~lip Garcia Fire/ Chief `~c~mc~~r.~ 1 ~.W~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency ~~ ~ ~ JGR/MGhizzi/Agr.A-2004-053A.379:uc s G. Ross utive Director is Works Agency 25D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2007 TITLE: LEASE AGREEMENT WITH ROYAL STREET COMMUNICATIONS FOR CELLULAR ANTENNA AT JEROME PARK /~,. /.w...G, ' Ci ~TY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a lease agreement with Royal Street Communications to collocate on cellular facility at Jerome Park. 2. Approve an appropriation adjustment recognizing $23,040 in the Capital Outlay Miscellaneous Recoveries revenue account (account no. 51-01- 5799) and appropriate same to the Capital Outlay Park Improvements expenditure account (account no. 51-250-6631). BOARD OF RECREATION AND PARKS Recommended approval of lease agreement with Royal Street Communications to collocate on cellular facility at Jerome Park, provided all revenue from the lease is used for deferred maintenance improvements at Jerome Park, at their meeting of January 24, 2007, by unanimous vote of 6:0:1. DISCUSSION On December 5, 2005 the City Council approved a lease agreement with Omnipoint Communications Inc. (T-Mobile) to install two 65-foot high monopalm cellular antennas and two equipment facilities at Jerome Park. T-Mobile was required to build the facility to receive a second carrier under the condition that the second carrier reimburses T-Mobile for a pro rata share of the hard construction costs. All improvements except for antennas and equipment required by the second carrier will be constructed by T-Mobile. The revenue from the T-Mobile lease is deposited in a special account for improvements at Jerome Park. Royal Street Communications (Metro PCS) has agreed to collocate and will reimburse T-Mobile for the expense of the second facility. The lease agreement with Metro PCS is for a 144 square foot area of approximately 12' X 12'. The agreement requires Metro PCS to pay $2,400 per month ($28,800 per year) for the lease of park property. The City's consultant (ATS Communications) will receive 20 percent ($5,760) of the annual 25E-1 Cellular Antenna at Jerome Park February 20, 2007 Page 2 revenue for their assistance in negotiating the agreement and performing contract administration. The term of the lease agreement is for 10 years, with three, 5-year extension options. The agreement also calls for a four percent increase per year for the term of the lease. The Board of Recreation and Parks is recommending approval of the collocation at Jerome Park provided all the revenue from the lease is used for deferred maintenance improvements at Jerome Park. FISCAL IMPACT The appropriation adjustment Miscellaneous Recoveries revenue Capital Outlay Park Improvements 6631) by $23,040. will enhance the Capital Outlay account (account no. 51-01-5799) and the expenditure account (account no. 51-250- Gerardo Mouet, Executive Dire for Parks, Recreation and Community Services Agency Approved as to Funds and Account: Francisco Gutierrez, Executive Director Finance and Management Services Agency 25E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FESRIIARY 20, 2007 TITLE: LEASE AGREENENT WITH ROYAL STREET CONIDI[7NICATIONS FOR CELLULAR ANTENNA AT NADISON PARK ~~ /~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2n0 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 lease agreement with Royal Street Communications to collocate on cellular facility at Madison Park. 2. Approve an appropriation adjustment recognizing $23,040 in the Capital Outlay Miscellaneous Recoveries revenue account (account no. 51-01- 5799) and appropriate same to the Capital Outlay Park Improvements expenditure account (account no. 51-250-6631). BOARD OF RECREATION AND PARKS Recommended approval of lease agreement with Royal Street Communications to collocate on cellular facility at Madison Park, provided all revenue from the lease is used for deferred maintenance improvements at Madison Park, at their meeting of January 24, 2007, by unanimous vote of 6:0:1. DISCUSSION On December 5, 2005 the City Council approved a lease agreement with Omnipoint Communications Inc. (T-Mobile) to install two 65-foot high monopalm cellular antennas and two equipment facilities at Madison Park. T-Mobile was required to build the facility to receive a second carrier under the condition that the second carrier reimburses T-Mobile for a pro rata share of the hard construction costs. All improvements except for antennas and equipment required by the second carrier will be constructed by T-Mobile. The revenue from the T-Mobile lease is deposited in a special account for improvements at Madison Park. Royal Street Communications (Metro PCS) has agreed to collocate and will reimburse T-Mobile for the expense of the second facility. The lease agreement with Metro PCS is for a 266 square foot area of approximately 17'-6" X 15'-3". The agreement requires Metro PCS to pay $2,400 per month ($28,800 per year) for the lease of park property. The City's consultant 25F-1 Cell Antenna at Madison Park February 20, 2007 Page 2 (ATS Communications) will receive 20 percent ($5,760) of the annual revenue for their assistance in negotiating the agreement and performing contract administration. The term of the lease agreement is for 10 years, with three 5-year extension options. The agreement also calls for a four percent increase per year for the term of the lease. The Board of Recreation and Parks is recommending approval of the collocation at Madison Park provided all the revenue from the lease is used for deferred maintenance improvements at Madison Park. FISCAL IMPACT The appropriation adjustment Miscellaneous Recoveries revenue Capital Outlay Park Improvements 6631) by $23,040. will enhance the Capital Outlay account (account no. 51-01-5799) and the expenditure account (account no. 51-250- !I-.p Ltit Gerardo Mouet Executive Dir ctor Parks, Recreation and Community Services Agency Approved as to Funds and Account: ~l~mA~~ ~.~~1 ~~^ Francisco Gutierrez, A~/ Executive Director /~ Finance and Management Services Agency 25F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 20, 2007 TITLE: AGREEMENT FOR GEOFILE DATASET MAINTENANCE APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 ~' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For ~~~~~~ CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with GIS Data Resources, Inc. for the updating, enhancing and maintenance of the Santa Ana Fire Department geofile datasets, in an amount not to exceed $40,000. DISCUSSION GIS Data Resources, Inc. (GDR) has built a high-quality geofile which is used in the Santa Ana Fire Department's computer aided dispatch (CAD) system. This agreement ensures the Fire Department`s CAD system has the most accurate information, and that our CAD system continues to run seamlessly. The Fire Department recommends entering this maintenance agreement with GDR. FISCAL IMPACT Funds are available in the Fire Department's Information Technology, Other Contractual Services account (account no. 011-324-6291), in the amount of $90,000. APPROVED AS TO FUNDS AND ACCOUNTS: c~rno ~ c. Francisco Gutierrez Executive Director Finance & Management Services Agency 25G-1 25G-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 20, 2007 TITLE: PURCHASE AGREEMENTS FOR BRISTOL 3TREET CORRIDOR (PROJECT 06-1500) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For ~ `v~ CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements with: Victor and Rosalia Vivar for the purchase of the residential property located at 1242 Raymar in the amount of $710,000; Abdon Beltran for the purchase of the residential property located at 1243 Raymar in the amount of $595,000; J. Jesus Rodriguez for the purchase of the residential property located at 716 S. Bristol in the amount of $625,000; 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Alicia Araujo for the purchase of the residential property located at 446 S. Bristol in the amount of $15,000 for a total amount of 565,000. DISCUSSION On March 6, 2006 the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from McFadden Avenue and Pine Street. Improvements include widening of the street from four lanes to six, construction of landscaping in the parkways and the median islands, traffic improvements, drainage structures, sound walls, and other amenities as outlined in the Specific Plan. To accommodate the widening, the acquisition of entire properties, as listed above, are 25H-1 Purchase Agreements February 20, 2007 Page 2 required (Exhibit 1). The purchase amounts are the appraised values prepared by an appraiser licensed in the State of California, On October 16, 2006 City Council approved a purchase agreement in the amount of $550,000 to purchase the residential property at 446 S. Bristol. Subsequent to this action, the appraiser discovered a discrepancy in the report and after correction the total appraised value increased to $565,000. The revised figure has been reviewed and verified by another appraiser for consistency with other properties along Bristol Street. Staff recommends amending the agreement to increase the purchase price to $565,000, ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6611). APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross Executive Director Public Works Agency ~nctm~~v~c~ ~-+. Francisco Gutierrez F~ Executive Director ~' Finance & Mgmt. Services Agency 25H-2 MATCHLINE SEE BOTTOM RIGHT RAYMAR LEGEND SUBJECT PROPERTIES ACQUIRED PROPERTIES WALNUT ST. 7 AVENUE TOLLIVER MCFADDEN AVENUE PINE ST. WILLfTS ( ~ BISHOP MATCHLINE SEE ABOVE LEFT EXHIBIT 1 SANTA ANA PURCHASE AGREEMENTS FOR CITY COUNCIL TITLE P~7 AGENDA DATE BRISTOL STREET CORRIDOR V FEBRUARY 20, 200 (PROJECT 06-1500) ~K ~s ~~~ i -J 25H-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2007 TITLE: AGREEMENT WITH VALLEY OAK SYSTEMS FOR SOFTWARE MAINTENANCE SUPPORT ~~ ~~ V ~(J' `2-Gam"--~--~--~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve and authorize the City Manager and the Clerk of the Council to execute an agreement with Valley Oak Systems to provide support and maintenance of the workers' compensation and general liability software programs through September of 2009 in a annual amount not to exceed $40,000, with an option to renew for one additional two-year term. DISCUSSION The City has utilized the services of Valley Oak Systems (VOS) since March 16, 1999 for the processing of workers' compensation and general liability claims. VOS is the only firm that can support this system. This agreement extends the support services and ancillary custom programming services needed from time to time to maintain our software and to be compliant with regulatory changes as they occur. The proposed agreement will not significantly affect the existing cost of the program, which is currently $26,436.27 annually, and ties future increases to the Consumer Price Index. In addition, the proposed agreement establishes a limit to those annual costs to an amount not to exceed $40,000. FISCAL IMPACT Budgeted funds are available in the FY 2006-07 Workers' Compensation Contractual Services Account (account no. 82-178-6291) and the Liability and Property Insurance Contractual Services Account (account no. 80-180- 6291) . APPROVED AS TO FUNDS AND ACCOUNTS: r nriqu v Francisco Gutierrez Execu e i ctor Executive Director Personnel Services Agency Finance & Management Services Agency 251-1 251-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 20, 2007 TITLE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 2001-13 TO CONSTRUCT A 60-FOOT HIGH WIRELESS FACILITY AT 1403% NORTH TUSTIN AVENUE - WMI ENTERPRIS INC. - APPLICANT ~ ~~~ CITY MANAGER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving amendment to Conditional Use Permit No. 2001-13 as conditioned. PLANNING COMMISSION ACTION On January 22, 2007, the Planning Commission approved amendment to Conditional Use Permit No. 2001-13 as conditioned by a vote of 5:1 (Gartner absent) to renew the operation and allow the construction of a 60-foot tall wireless facility stealthed as a monopine in the Professional (P) zoning district at 14033/, North Tustin. 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. JaJ M. Trevino Executive Director Planning & Building Agency ME:rb me\reporta\009 reports\cvp01-13 amendment cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JANUARY 22, 2007 TITLE: PUBLIC HEARING - FILED BY WMI ENTERPRSISES, INC. TO AMEND CONDITIONAL USE PERMIT NO. 2001-13 TO CONSTRUCT A 60-FOOT HIGH WIRELESS FACILITY AT 1403% NORTH TUSTIN AVENUE Prepared by Marvin Ellenbecker _~~ L~fl ~ 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 M ager Adopt a resolution approving amendment to Conditional Use Permit No. 2001-13 as conditioned. DISCUSSION Request of Applicant WMI Enterprises, Incorporated, representing Global Signal Acquisitions II, LLC is requesting an amendment to Conditional Use Permit No. 2001-13 to renew the operation and allow the construction of a wireless facility stealthed as a monopine at 1403% North Tustin Avenue. Property Description The property is located within the Professional (P) zoning district and has a General Plan land use designation of Professional and Administrative Office (PAO) (Exhibit 1). The property is bounded by commercial office uses to the north and south, commercial office and a retail shopping center to the west, and the Newport-Costa Mesa Freeway (SR-55) to the east (Exhibit 2). The subject property is owned by Tarbell Plaza Partnership and is approximately 2.65 acres in size, irregular in shape and improved with a four-story 57,000 square foot office building. Project Description The applicant is proposing to remove an existing 60-foot wireless monopine facility and construct a new 60-foot high monopine facility that will accommodate a second wireless carrier (Exhibits 3 and 4). EXHIBIT A 31 A-2 Conditional Use Permit No. 2001-13 January 22, 2007 Page 2 The proposed wireless facility will include two sets of panel antennas with tower-mounted amplifiers. It will also include coaxial cable located inside the tower structure, all of which will be camouflaged as a Canary Island Pine Tree. The monopine and equipment cabinets will be enclosed by an eight-foot high block wall that will be an extension of the existing wall. The enclosure will be screened on the north, east and west sides with shrubs and vines. The two existing Canary Island Pines (Pinus canariensis) will be relocated to the north of the leased monopine area (Exhibit 5). The leased site is adjacent to a parking lot to the south and is visible to the SR-55 Freeway to the east. The existing monopine wireless facility will be replaced with a monopine based on the latest technology for camouflaging wireless facility antennas and will be engineered to accommodate the second carrier. The upgrade to the wireless facility is a condition for the renewal of the site for Global Signal Acquisitions II, LLC (Sprint PCS is the current service provider) and the colocation of Metro PCS as the second wireless carrier (Exhibits 6 and 7). The site will operate with a temporary cell on wheels (COW) for 20 days during the replacement of the old structure with the new structure. Analysis of the Issues In July 1998, the Planning Commission and City Council adopted an ordinance that regulates Wireless Communication Facilities throughout the City. Major wireless facilities are required to have a stealth design and be located on a building or in an area that provides the greatest amount of visual screening and requires the approval of a conditional use permit. The proposed wireless facility will be located within an enclosed leased area, with the equipment cabinets screened by solid walls and new landscaping. Adequate screening is provided for the wireless facility by camouflaging it in the form of a Canary Island Pine tree. The new monopine will be designed to provide colocation for the second wireless carrier, Metro PCS. The applicant has explored alternatives to the monopine structure, such as locating the cellular antenna on the roof of an existing building in the area. Structures in the area, however, are not tall enough to meet the coverage needs for Sprint PCS and Metro PCS. A 60-foot tall facility is needed in order to improve cellular coverage and increase call capacity and quality. The proposed cellular antenna will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to both wireless carriers by closing service gaps in the area and providing 31 A-3 Conditional Use Permit No. 2001-13 January 22, 2007 Page 3 additional calling capacity. Equipment for the monopine will be located in metal cabinets within the leased area. All wiring and conduit will be underground or hidden in the interior of the monopole. The proposed wireless facility complies with the City's Wireless Communications Facility Ordinance and will provide needed service to the northeast section of the City. The proposed upgrade for the monopine is required as part of the renewal for the existing carrier, Global Signal Acquisitions II, LLC (Sprint PCS) and to structurally accommodate the additional antennas for the second carrier, Metro PCS. Based upon the above analysis and findings, staff recommends that the Planning Commission approve the amendment to Conditional Use Permit No. 2001-13 as conditioned. CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2006-86 will be filed for this project. ~osw^,_ Marvin Ellenbecker Landscape Development Associate ME:jm me\reports\cup01-13 amendment pc ~, /l.l ~ Vince Fre so, A P Senior P1 nne 31 A-4 8 k 6o.P1 uo n~v I wr..~u ~ ¢ ~ azso so Rl a R4 Al CS,. c5 veo ~ a 6a.aiazw noo s A1R G1 R ~ ~~ ~ Rl e« i ~ SD~52 R3 ~R 6o ~R~L>'2W D r~ R1 ~ ~ C5 A, __ a R1 _ C1 R3 oAt R4 Ri R1 ~ _ mum, R4 R1 ci Al z ~ . 1 Al ~ R1 'x°- R4B Al -~..._.' cs - C5 ~ Ci ~ a C2 C5 "~ C5 11TH ST _- _- - s.m a ~:~ C5~ • C1 CS ~ 5 3 C1 - c~ e y C5 3 / ~.,,_ RLB Rt-B s g I I_ ~ ~ ~ y Ra ; ~4-pp'¢ ~R4-PRDI PROJECT 3 ~ `; =.-,1 \ _ SITE W_;, - ;~! ., __ P ~_ I-=-~- R4 li_iiR4-RRD ~z I,_JI ~~ _ ~ - r~,z;~ R1-PRD ~ ~' _ > a w I` ~~ ~` R11 3 P N W i 4_,I \II R7 R7 ~ r LL O fi m~ 1 I _~-~ N 8 I N -_ ~ {- R1 R1 ~ 0 ~» ~ $ R4 P P «,.- ~ ~ P o P C2 ~ P O o $ P aTH si. ~~ .--rte r-r~vn--r1 Al GENERALAGRICULTURAL CR COMMERCIAL RESIDENTIAL R1 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 APAFlTMENTS Ci-MD COMM. COMMERCIAL-MUSEUM DISTRICT MO MILITARY OPERATIONS RE RESIDENTIAL ESTATE C2 GENERAL COMMERCIAL 0 OPEN SPACE SD SPECIFIC DEVELOPMENT C3 CENTRAL BUSINESS P PROFESSIONAL SP SPECIFIC PLAN C3-A CENTRAL BUSINESS-ARTIST VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT C0 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT CS ARTERIAL COMMERCIAL _ AMENDMENT TO CUP 01-13 ~ GLOBAL SIGNAUMETRO PCS ~ ._ 1403 3/4 NORTH TUSTIN AVENUE - - =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 W C O M M E R C I A L COMMERCIAL Z W RETAIL Q CENTEP P~~ BENj C O M M E R C I A L/ r ~ O F F I C E Q ` 3 _ w U ~ W ¢ - W w '~ Q F LL LL o Z ~ f" COMMERCIAL/ ~ ~ N F OFFICE 6UILDING U N 14Ty ST. c;~ y COMMERCIAL RETAIL °I C O M M E R C I A L / Tvstin O F F I C E AMENDMENT TO CUP 01-13 GLOBAL SIGNAUMETRO PCS ~ / - 1403 3/4 NORTH TUSTIN AVENUE ~ 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 LAND USE MAP EXHIBIT 2 31 A-6 ~: .. °a&. c4€e.a e e :"ap~3„f ~a=a~ .ause~oed.~o«`= ~I ~I a A n g e g s ~ ~ 8 ; ea [ a ~ a ~b \y0. ~.( __J =emu / \ 9 Y: 5 ^„ Y m ~~ ~~~ ~H z4 .~ o ' ~ ¢.E:Y 52° d m 5G~N Y=£ .°~S s ~~a' 3 .„~ W ; ~ ~ ' -' - A be o ~' 3~ „ o .s ~ `°i°d4 N Y cb m q qg t ~ Z ~ 3'.~a. i ~d N 3° ~3 i : g ~~3 m :3S o. ¢LaP„ m § ~VpY~ ;9aa'm Sk~t=magg ::~°yd ~wG e =`:~Yg EEC -=.~Y~: y~ : o a~4 `p; po"~g xo~o~ =~gga5 .,a ~~i"::o: ~ SE=o a:gkisrw~CS C]y~b.~g. ~~ ma ~esN:odo: S3S. `<S n~ OA-55 w ~* r Y ~~ ha _~hi ~~ ICI it lea ~~ a O~^ 6 iii `I 6' nY d y i ~~ ~Gtl~~ _ ~JIIIIII I~IIII0.111111111111111011111111111111111111 i ~ iSgm'" _ _ z - _ .mod- mi '-~d ` = J T _ _ ye _ - pe - _ 3II I I II II I II I II Ii I III II fI II R~ ~ i 'J ~ _6 ~~IIIIIII VIII II IfIIIIIIR ~ O' _ C e c a a 5 ~ r `r Z e ~~ £N¢ O o d ~ ________~ _____~__~_ Z t _ o; I _________ ~ £°y r ~f1N3AV NVWdVHO NEWPORT~~ D L~ ~ ~~l A I rs ` L ~~~ ~~~ ]'S e 1 ~ ~~ T ~nmi Ili 11111111111 it 1111111111111 ~~ cn ~ S~~ ~i~ i PO oTy 4 _ o £. c ~~ W _ - ~„ o ~ L l ll ~I'I lil iii i iii i ii ii i iii ii i ii~+ 4 C' I a~ 9 ? ~ ~ ~ ~~ ~ o0 0=< o z a ~~~ ~ °Fmg m~S o ~ ~~ x 3g~3~ ¢ ~ U " r _ ^ ~ ... >. _. a I~ ~`x r~ ~~ ' ~~ ~ o ~.~.~~_.~~.~_,.~ ,a~__s~.~E__ ,k~,k~,~~..~ a~ ~ i ~l i \ ~~ §§~ ~~e 4~ ~~ ~~ €&= ~~ eF I I I V I I I I J X/ ~ ~~,\ %_! I r ~, ~s rvzv n N01~35 Ike €g o-.r Y { •4 SEQOa 'o' 95 P31MUM y' 31a-8 -EXHIBIT 4 ~~~$ g f.€ g 7E& P YS4 N ~3 3~ e ~ 7 L_~ J ~ § gi ~~ Be L ~ J ® E `~' ® ~~ ~ ~n ~, q 3§Y~ [3x 6~~ [ Ee ~3 n y= _ ~_ II ~ ° II ~ `pN D ~g Z ppa ~iq°b ° j GGZ3 a m O~ 1~~ a N d ~ p ~~ L ~ ~ g T G _IL_il_JLJ _JY °LJ~ @ p +,~ ~ p@ E ~3 ~ ~~'~ ~® ~fi ~ ~~~~~~~ ~~ ~~ -•< ~ ,~ ~~ [ '! ,;; . ___~ _ j ~~ ~~~ ~~ ~~~ ~~ i ~ re <., :., ~. E ~~ .~ o .. I ~~ ~ ~ ~ ~~ a~ ~ ~~ ~ a __ _ ~ -_~ ~ _ e _ ~ a °z g a a r U a ~,~ ; Y Y i Y b b o ~ 8 ~ 8 g B 8 8 S E 3 ~~ua+~r s Uo ~ x v y W c <r Z II _ _ g '' S: .~,.\o ` Ja m~"~ O 5g3~. ~gxg~ N m& e v O n t C1 ~ u .. rt u H 3 "I III V c7 Q Uo J ~ ~ Z `. in 6~ (~ Z ~ ~o< JQ ~ ?~ ~ O _ Z h _ ~ m ~ o ~ F] o WJa ~ ~ o QE ag - - ° F a o V"^ ~ d i - ~ ~: _ ~€~€ s S o _ ~ ~v ~ x ii § C5~3 ~ - - g V S i z H u Q 31 ~l-t~iBiT ~ KO - 1 /17/07 RESOLUTION NO. 2007-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AMENDING CONDITIONAL USE PERMIT NO. 2001-13 TO RENEW THE OPERATION AND ALLOW THE CONSTRUCTION OF A WIRELESS FACILITY STEALTHED AS A MONOPINE FOR THE PROPERTY LOCATED 14033/4 NORTH TUSTIN AVENUE 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. Conditional Use Permit No. 2001-13 was approved by the Planning Commission on July 9, 2001. B. The amendment of Conditional Use Permit No. 2001-13 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on January 22, 2007. C. Conditional Use Permit No. 2001-13 has been filed with the City of Santa Ana seeking to renew the operation and allow the construction of a wireless facility stealthed as a monopine for the property located 14033/4 North Tustin Avenue. D. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional Use Permit is required for major wireless facilities. E. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 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 60-foot tall cellular monopine will provide a service to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS and Metro PCS services by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the northeast sector of Santa Ana. Resolution No. 2007-13 31 A-12 Page 1 of 7 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? Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws. However, the proposed facility will be in compliance with both the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed monopine, in conjunction with the existing landscaping, will be compatible with the surrounding area and will not adversely affect the economic viability of the area. The stealth appearance will be the major solution to maintaining and increasing the economic stability for this professional office area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The cellular facility has been designed to comply with the regulations and conditions identified in Chapter 41 of the Santa Ana Municipal Code for a major wireless facility. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed monopine facility will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Professional and Administrative Office (PAO) General Plan designation. F. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2006-86 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2001-13 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at Resolution No. 2007-13 31 A-13 Page 2 of 7 the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated January 22, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 22nd day of January, 2007 by the following vote: AYES: Commissioners: Betancourt, Cribb, De La Torre, Leo, Lutz (5) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: None (0) Gartner (1) 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, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-13 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 22, 2007. Date: Planning Commission Secretary City of Santa Ana 31A-14 Resolution No. 2007-13 Page 3 of 7 Conditions for Approval for Conditional Use Permit No. 2001-13 The amendment to Conditional Use Permit No. 2001-13 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and atl other applicable regulations. The applicant must comply in full with each and every condition listed below rior 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. Plannins~ Division The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2006-27). Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The proposed monopine shall be constructed as per approved plans and the existing landscaping shall be protected in place during the construction period for the 60-foot monopine facility. 4. Two existing Canary Island Pine trees (Pinus canariensis) shall be relocated north of the leased area and be guaranteed to grow for a period of one year. Replacement of a tree equal in size would be required if one or both of the trees should die within the replacement period. In addition, matching shrubs and Boston Ivy vines shall be planted per the landscape plan. 5. The proposed monopine shall be constructed per the following specifications: a. The monopine should have 3.1 branches per foot for full density coverage with limited spacing between the branches; 70 percent of the branches should be eight feet or longer. b. Branch disbursement should be random so that longer branches and shorter branches are intermingled to give a natural appearance. Exhibit A Resdution No. 2007-13 31A-15 P~4~' c. Branches should exceed all antennas by a minimum of 12 inches. d. Branches should start at 15 feet above the ground. e. There should be a minimum space of seven feet between the top of the antenna and the top of the branches. f. Branches should have an upward sweep similar to that of actual Canary Island Pines. g. Branch foliage color should be an olive green with some brown "needles" to match an actual Canary Island Pine. A sample should be submitted for approval prior to fabrication. h. Full bark cladding with a custom color should be submitted for approval prior to fabrication. i. All antennas shall be covered with "pine antenna socks" that match the approved foliage color. j. All "stand-off mounts" and support pipe mounts shall be concealed behind antennas and painted a darker shade of green (or black) with a "flat" paint finish to reduce reflection and visibility of the mounting. k. Include the tree specifications (selected manufacturers and models) with photo simulations (also a site plan review requirement). I. Show the location of the GPS antenna on all elevations. m. Provide a "unistrut" detail for the utility cabinet; an "H-frame" is not acceptable. n. Provide a note on the plans stating "install underground utilities sleeving for two carriers during construction of the structure". The sleeving should go underground through the caisson; shrouds on the outside of the pole are not acceptable. All utilities, coaxial and conduit for the project should be designed to be underground; this shall eliminate the need for an "ice bridge". o. All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. p. A temporary cell on wheels (COW) shall be permitted during the replacement of the existing pole with the new pole structure. The Resolution No. 2007-13 31 A-16 Page 5 of 7 temporary cell on wheels will be allowed for 20 days during the replacement of the existing pole structure with the new pole structure. 6. The permit applicant recognizes that the frequencies used by the cellular facility located at 1403'/. North Tustin Avenue are extremely close to the frequencies used by the City of Santa Ana for Public Safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials-International, Incorporated (APCO), and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, (permit applicant) shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS). Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. 7. At all times, the permit applicant shall not prevent the City of Santa Ana from having adequate spectrum capacity on the City's 800 MHz radio frequency. 8. Before activating its facility, the permit applicant will submit to a post- installation test to confirm that "advanced planning and frequency coordination" of the facility was successful in not interfering with the City of Santa Ana Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff-Coroner Department or aDivision-approved contractor at the expense of the applicant. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met 9. The permit applicant shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 10. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the Ciry's designated representative upon activation of the facility. Resolution No. 2007-13 31 A-17 Pege s ~' 11. The permit applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. 12. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 13. The proposed wireless communication structure must be engineered to allow the colocation of other service providers. 14. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the equipment enclosure or inside the building and underground all electrical power from the utility source shown on the approved site plan. 15. Conditional Use Permit No. 2001-13 shall expire five years from the date the City Council receives and files the amendment to Conditional Use Permit No. 2001-13. Resolutlon No. 2007-13 31 A-18 Pew' ~' REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2007 TITLE: EXTENSION OF ENTITLEMENTS FOR CONDITIONAL USE PERMIT NO. 2002-31 AND CONDITIONAL USE PERMIT NO. 2002- 32 TO ALLOW THE CONSTRUCTION OF A GAS STATION AND CONVENIENCE STORE AT 3801 SOUTH BRISTOL STREET - CHEVRON PRODUCTS COMPANY, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution approving a one-year extension of Conditional Use Permit No. 2002-31. 2. Adopt a resolution approving a one-year extension of Conditional Use Permit No. 2002-32. DISCUSSION On February 18, 2003, the City Council received and filed the staff report approving Conditional Use Permit No. 2002-31 to allow the construction of a gas station and convenience store, and Conditional Use Permit No. 2002- 32 to allow after hours operation (between 12:00 midnight and 5:00 a.m.) for the facility located at 3801 South Bristol Street. Chevron Products Company, the owner of the property, has been unable to complete the construction of the project due to a recent lawsuit that prevented them from proceeding with the project plans. Chevron is requesting its third and final extension of the above entitlements, which are due to expire in February 2007. Santa Ana Municipal Code Section 41-647 allows the City Council by Resolution to approve up to a three-year extension of a conditional use permit or variance from the time that it would normally become void. Since the City Council has granted two previous one-year extensions of entitlements for the site, the applicant is requesting a third and final extension in order to allow the construction to commence. The applicant has asserted that all legal issues have been resolved and Chevron is prepared to move forward with the project. It is therefore recommended that the entitlements for the gas station and convenience store with after-hours operation be extended for a third and final year until February 2008 as requested by the applicant. 31 B-1 Conditional February 20, Page 2 Use Permit No. 2002-31 and 2002-32 2007 Environmental Impact In accordance with the California Environmental Quality Act, Mitigated Negative Declaration (Environmental Review No. 2002-270) was previously prepared for this project. FISCAL IMPACT There is no fiscal impact associated with this action. ~~~ J M. Trevino Executive Director Planning & Building Agency VC:rb vc\reports\cup02-31cup02-32.exteneion3.cc 31 B-2 KO - 2/7/06 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXTENDING CONDITIONAL USE PERMIT NO. 2002-31 AS CONDITIONED AND CONDITIONAL USE PERMIT NO. 2002-32 AS CONDITIONED FOR ONE YEAR FOR THE PROPERTY LOCATED AT 3801 SOUTH BRISTOL STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. February 18, 2003, the City Council received and filed the Planning Commission resolution approving Conditional Use Permit No. 2002-31 to allow the construction of a gas station and convenience store, and Conditional Use Permit No. 2002-32 to allow after hours operation (between 12:00 midnight and 5:00 a.m.) of the facility located at 3801 South Bristol Street. B. On February 22, 2005 the City Council granted a one year extension of Conditional Use Permit No. 2002-31 and Conditional Use Permit No. 2002-32. On February 21, 2006 the City Council granted a second one year extension of Conditional Use Permit No. 2002-31 and Conditional Use Permit No. 2002-32 C. The applicant has requested a final one year extension of Conditional Use Permit No. 2002-31 and Conditional Use Permit No. 2002-32, for extensions totaling three years. D. The extension request came before the City Council on February 20, 2007. E. Santa Ana Municipal Code Section 41-647 authorizes the City Council to extend the date which a conditional use permit and variance become void for a period for not to exceed three (3) years. F. In accordance with the California Environmental Quality Act, Mitigated Negative Declaration (Environmental Review No. 2002-270 has been previously prepared for this project. Section 2. The City Council of the City of Santa Ana hereby, approves a one (1) year extension of Conditional Use Permit No. 2002-31 as conditioned and Conditional Use Permit No. 2003-32 as conditioned. Resolution No. 2007- Page 1 of 2 31 B-3 ADOPTED this _ day of February, 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007- 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. 2007- Page 2 of 2 31 B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2007 TITLE: TENTATIVE PARCEL MAP NO. 2006-01 TO SUBDIVIDE TWO EXISTING PARCELS INTO THREE LOTS AT 1316-1320 NORTH KING STREET - MGC HOMES, APPLICANT ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Confirm the Zoning Administrator's action approving Tentative Parcel Map No. 2006-O1 (County Map No. 2006-115) as conditioned. ZONING ADMINISTRATOR ACTION On January 17, 2007, the Zoning Administrator adopted a resolution approving Tentative Parcel Map No. 2006-01 (County Map No. 2006-115) as conditioned to subdivide two parcels into three lots to facilitate the construction of three single-family residences in the Single-Family Residence (R1) zoning district at 1316-1320 North King Street. The Zoning Administrator removed Conditions number 4 and 5 regarding materials of the window trim and garage doors and revised condition number 3 to clarify the respective owner of each parcel (Parcel 1 and 2) are required to file a recorded covenant affirming and consenting that one of units shall be owner occupied 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. Jay M. Trevino cutive Director Planning & Building Agency AN:rb an\plancomm\fpm06-Ol.cc 32A-1 REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: JANUARY 17, 2007 TITLE: PUBLIC HEARING - FILED BY MGC HOMES FOR TENTATIVE PARCEL MAP NO. 2006-01 TO SUBDIVIDE TWO EXISTING PARCELS INTO THREE LOTS AT 1316-1320 NORTH KING STREET Prepared by Ann Hsin-An Ni PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO K~ ~,~ Planning Hager RECOMMENDED ACTION Adopt a resolution approving Tentative Parcel Map No. 2006-01 (County Map No. 2006-115) as conditioned. DISCUSSION Request of Applicant MGC Homes is requesting approval of a tentative parcel map to subdivide two parcels into three lots to facilitate the construction of three single-family residences at 1316-1320 King Street. Property Description The property is located in the Single-Family Residence (R1) zoning district and has a General Plan land use designation of Low Density Residential at seven dwelling units per acre (LR7). The site is surrounded by single-family residences to the east, west, north and south (Exhibits 1 and 2). The subject property is approximately 0.48 acres in area and is located on the northwest corner of King Street and Washington Avenue. The property is flat, irregular in shape and is currently occupied by a single-family dwelling unit. EXHIBIT A 32A-2 Tentative Parcel Map No. 2006-01 January 17, 2007 Page 2 Project Description The proposed project involves the demolition of a single-family dwelling unit and the construction of three new single-family residences. Lots 1 and 2 will be 7,402 square feet in size each, with Lot 3 consisting of 6,000 square feet of lot area. All three lots will comply with the minimum lot size requirement of the R1 zone. Two different floor plans are proposed. Lots 1 and 2 are 2,292 square foot residences that will contain four bedrooms, three full bathrooms and a powder room. A 625 square foot second dwelling unit is also proposed for Lots 1 and 2. Lot 3 will contain a 2,665 square foot residence with four bedrooms, two full bathrooms and a powder room. Access to the proposed project will be provided from King Street and Washington Avenue. A two-car attached garage and two tandem spaces in the driveway will be provided for each unit. An additional single car garage will be provided for the second dwelling unit for Lots 1 and 2. The architectural style proposed for these residences is contemporary with some Craftsman and Mediterranean influences. The exterior material proposed includes the roofs, stucco, siding, precast concrete stone veneer, and decorative window surrounds. Covered porches with two pillars, broad at the base and tapering as they extend upward, are features used on the elevations to characterize the Craftsman Bungalow architectural style (Exhibits 3 through 10). Analysis of the Issues The tentative parcel map is proposed to subdivide an existing 0.48-acre site that contains two parcels into three parcels. The subdivision has been reviewed and has been found to be in conformance with the City's subdivision regulations as well as the California Subdivision Map Act. Existing infrastructure in the area will be upgraded to service the project, including new curb and gutter along King Street and a wheelchair ramp at the corner of King Street and Washington Avenue per City standards. In addition, a covenant that mandates owner occupancy is required for Lots 1 and 2. The owner or owners of these parcels are required to file with the Planning Manager a recorded covenant affirming and consenting that one of the units shall be owner occupied. These covenants shall be recorded prior to issuance of building permits. 32A-3 Tentative Parcel Map No. 2006-01 January 17, 2007 Page 3 The proposed project meets all provisions of the zoning code, including landscaping, setbacks, parking, lot size and frontage. Further, the proposed subdivision is consistent with the Low Density Residential General Plan land use designation and all other elements of the General Plan. Finally, the subdivision is consistent with all provisions of the California Subdivision Map Act. As a result, staff recommends approval of Tentative Parcel Map No. 2006-01 (County Map No. 2006-115) as conditioned. CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15315. The Class 15 exemption allows the division of property in urbanized areas into four or fewer parcels that meet applicable General Plan and zoning regulations. Categorical Exemption Environmental Review No. 2006-30 will be prepared for this project. ~,f~-c' -f ~. J J~ . Ann Hsin-An Ni Associate Planner l! ~~ -- Vince Fre oso, A P Senior P1 ne AN:jm an\plancomm\tpm06 -0l.za 32A-4 II ~I=' I R1-PAD L°) Al GENERAL AGRICULTURAL CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILV RESIDENCE ~8 PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO-FAMILV RESIDENCE C-SM COMMERCIAL SOUTH MAIN M1 LIGHT INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C1 COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL R4 SUBURBAN APARFMENTS C1-MD COMM. COMMERCIAL-MUSEUM DISTRICT MO MILITARY OPERATIONS RE RESIDENTIAL ESTATE C2 GENERAL COMMERCIAL 0 OPEN SPACE SD SPECIFIC DEVELOPMENT C3 CENTRAL BUSINESS P PROFESSIONAL SP SPECIFIC PLAN C&A CENTRAL BUSINES&ARTIST VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT C6 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT CS ARTERIAL COMMERCIAL _ PM 06-1 ~ MGC HOMES ~ _... 1316 & 1320 KING STREET - =BOO 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 3~`~BV~ ~ Q SFR D U P L ~y E X y ~ DUPLEX SFR P p ~~ y ~ ~ SFR ~`~y P ? ` Q 5 e ` ~ ~ JUDITH ~ ~AiyF '~ e e DUPLEX SINGL FAMILY RE ID TIAL ~ ~ ~~ Q y ~ SIN LE AMILY RESID NTIAL y ~ S/ GLE FAM LY WASHINGTON ~ Esl ENnAL y SINGLE ~~ FAMILY ~ RES O AVENUE SING E FAMI REST Q yU NTIAL Q 9 V y ~ 1\P Pp 2 SINGL FAM LY RE IDENTIAL y~ ~ 2~ 4 Q y y2 Q~y ep P 2 ~ 4/ ~y 0 y e` ~ SINGLE F MILY REST ENTIAL 12TH ST. PM 06-1 MGC HOMES ~~ /--- 1316 & 1320 KING 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 LAND USE MAP EXHIBIT 2 32A-6 SNEEt I 6 I APH 404-01R-O1 k OR 0.4]1 ACRES ~ PnRGELs Lm m mncr rvo.4Dap MM Id]~J-4 EXIST 9NQf FAMILY RESIDENCE oA / TENTATIVE PARCEL MAP No. 2006-115 IN ME CITY OE SANTA ANA. CWNTY OE ORANGE, STATE Of CAIIEQRNU BEING A SUBDINSW OF A PgiMNI pF LOi 11 CF THE LAN05 OF SH. EINELY AS $HONN pl A MAP FlI£p IN BOCK 2 PAC{ 9 Cf RECQPD Cf SURYEK Cf SAID CWNTY, AND A PgtDON W LOi 20 W TRACT No. 4010 AS SHOWN 0.Y A NAP RECORDED IN BObf 10 PAGES J AND d OE MISC£LLANEWS MAPS, REC0.4D5 a SAID CWNTY NOVEMBER, 2005 iNISF IN.iE EAMILI I nESYpENCE OF 24 IRACi fio.l]88 MM $I-1] N89 J9 CC°[ J6 9fi ~° w S~ PARCEL 3 `0B' BOOR 3 EXIS SN3E FAMLLr F: _'.rIJ NCE TSB JJ' IRLJI Ix 41N PARCEL 1 ]wR s ewr nPPROAGH o~ rr rD(iw)~ o ~ ry ~ e ~ • ~ b JO' CON4 DWY APPROACH h' h' KR CITY SID(iYP) ~ W REMOVE E%6~ L6G A.Vp ADEWALK ~ ~ANO pWY APPROAb1E5 PARCEL 2 309x' 9~ ]4pR SF ~ _ a_r _ P.. i WvSi NEW 90EWAIX~ /Ay 9 E /~ R \\ PROPOSED IMPROVEMENTS ~ CONS! 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E ~~ z ~ ~v x '~ ~ ~ ~~ E? ~ ~ ~ ]~_ I ~1e ~ 3+ ~ ` 4 1 _ Z Y ~ ~LL~'~~ ~ ~ O 5 F m ~ ~ ~ ~ G % ~ ~ S EXHIBIT 10 KO -12/29/06 RESOLUTION NO. 2007-01 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2006-01 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1316-1320 KING STREET (COUNTY MAP NO. 2006-115) BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. The Applicant is requesting approval of Tentative Parcel Map No. 2006-01 (County Map No. 2006-115) to subdivide two parcels into three lots to facilitate the construction of three single-family residences at 1316-1320 King Street. B. On January 3, 2007, the Zoning Administrator held a duly noticed public hearing for Tentative Parcel Map No. 2006-01 (County Map No. 2006-115) as conditioned. The Zoning Administrator continued the matter to January 17, 2007. C. For Tentative Parcel Map No. 2006-01, the Zoning Administrator determines that the following findings have been established: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Low Density Residential land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision is consistent with the Low Density Residential land use designation and all other elements of the General Plan. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project, as conditioned, conforms to the provisions of the zoning code including landscaping, setbacks, parking, lot size and frontage. Resolution No. 2007-01 32A_~C Pagelof4 3. The project site is physically suitable for the type and density of the proposed project. The proposed site is physically suitable for the single-family development as proposed since the property is located within the Single-Family Residence (R1) zoning district and has a General Plan land use designation of Low Density Residential at seven dwelling units per acre (LR7). Additionally, this site is surrounded by single-family residences to the north, south, east and west. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. Since the project site is located in an urbanized area, there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision will not have any detrimental effects upon the general public. Each property includes sewer, water and necessary infrastructure improvements as conditioned in Development Project Review No. 06-13. 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project since there is no easement located within this property. Section 2. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15315. The Class 15 exemption allows the division of property in urbanized areas into four or fewer parcels that meet applicable General Plan and zoning regulations. Categorical Exemption Environmental Review No. 2006-30 will be prepared for this project. Resolution No. 2007-01 32A-16 Page 2 of 4 Section 3. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Tentative Parcel Map No. 2006-01 as conditioned in Exhibit "A" attached hereto and incorporated herein. (County Map No. 2006-115). ADOPTED this 17th day of January, 2007. Sergio Klotz Acting Zoning Administrator APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2007-01 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on January 17, 2007. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2007-01 3 ~A_ ~ ~ Page 3 of 4 Conditions of Approval for Tentative Parcel Map No. 2006-01 Tentative Parcel Map No. 2006-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this approval. The applicant must remain in compliance with all conditions listed below throughout the life of the tentative parcel map. Failure to comply with each and every condition may result in the revocation of the tentative parcel map. A. Planning Division 1. Two copies of the recorded final parcel map shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 2. The tentative parcel map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the requirements and design standards and specifications of the City of Santa Ana and the requirements of the State Subdivision Map Act. 3. Prior to issuance of a building permit, the respective owner or owners of Parcels 1 and 2 are required to file with the Planning Manager a recorded covenant affirming and consenting that one of the units (per parcel belonging to said owner) shall be owner occupied. (Modified by the Zoning Administrator on January 17, 2007) 4. A six-foot high decorative block wall using split-face concrete block shall be provided along all property lines and shall include caps and pilasters subject to review and approval of the Planning Manager. (Added by the Zoning Administrator on January 17, 2007) 5. After project occupancy, landscaping is to be maintained in accordance with the landscape plan approved for the project. This shall include the minimum levels of plant materials shown on the landscape plan and installed at the time of occupancy. Exhibit A Resolution No. 2007-01 3 ^ w _ ~ ^ Page 4 of 4 MATERIALS TO FOLLOW 50A-1 50A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2007 TITLE: RESOLUTION AUTHORIZING PARTICIPATION IN THE STATE OF CALIFORNIA CULTURAL AND HISTORICAL ENDOWMENT GRANT PROGRAM /7 /7 ~~, / / ~~i~'- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED As Recommended As Amended Ordinance on 1~` Reading Ordinance on Intl Reading Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the submittal of a grant application in the amount of $1,250,000 for the California Cultural and Historical Endowment Grant Program for the Twist-Basler House Restoration Project. The California Cultural and Historical Endowment was established under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (Proposition 40). The program provides funds for projects that tell the stories of California as a unified society and of the many groups of people that together comprise historic and modern California. Approximately $43 million is available to fund projects during this final grant cycle. The Parks, Recreation, and Community Services Agency requests authorization to submit a grant application in the amount of $1,250,000 for the restoration of the Twist-Basler House. Grant funds will be used to complete a historic restoration of the interior and exterior of the house and provide interpretive elements. Once completed, related educational and recreational programs will be implemented, such as workshops and leisure classes. FISCAL IMPACT There is no fiscal impac Gerardo Mouet Executive Direc or Parks, Recreati n and Community Services Agency ssociated with this action. 55A-1 js2/12/07 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR CCHE GRANT FUNDS FOR THE CALIFORNIA CULTURAL AND HISTORICAL ENDOWMENT (CCHE) UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The people of the State of California have enacted the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, which provides funds to the State of California for the California Cultural and Historical Endowment (CCHE) Grant Program. B. The California Cultural and Historical Endowment (CCHE) has been delegated the responsibility for the administration of the Grant Program and setting up necessary procedures. C. These procedures require the Grant Applicant to certify by resolution the approval of an application before submission of the application to the California Cultural and Historical Endowment (CCHE). D. If the Grant Applicant is awarded a grant, the Grant Applicant will enter into a Grant Agreement with the California Cultural and Historical Endowment (CCHE) for the Project. Section 2. The City Council approves the filing of a CCHE Grant Application for the above Project to be funded from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal; Protection Act of 2002. Section 3. The City Council certifies that the Grant Applicant has or will have sufficient funds to operate and maintain the Project, and where applicable, to complete the Project. Section 4. The City Council certifies that the Grant Applicant has reviewed, understands and agrees to the General Provisions of the CCHE Grant Application and Grant Agreement. Resolution No. 2007- Page 1 of 2 55A-2 js2/12/07 Section 5. The City Council appoints the City Manager, or the Executive Director of the Parks, Recreation, and Community Services Agency as agent to conduct all negotiations, execute and submit all documents including, but not limited to, Applications, Agreements, payment requests and other items, which may be necessary for the completion of the Project. Adopted this _ day of February, 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Jose Sandoval Senior Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2007-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. 2007- Page 2 of 2 55A-3 55A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2007 TITLE: PUBLIC HEARING - PROPOSED CHANGES TO THE 2006/07 SUPPLEMENTAL LAW ENFORCEMENT SERVIC FUND EXPENDITURE PLAN ~~ ~.e!^^--~~ ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on ts` Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution to approve the proposed changes to the expenditure plan for the FY 2006/07 Supplemental Law Enforcement Services Fund. DISCUSSION On September 5, 2006, Council approved the proposed expenditure plan for the FY 2006/07 Supplemental Law Enforcement Services Fund (SLESF) and on November 20, 2006, Council accepted the funds in the amount of $684,861. The original plan included utilizing the funds to support overtime programs for front-line crime reduction efforts such as gang suppression, cruiser enforcement, and career criminal apprehension. After additional review, the Police Department proposes to also utilize a portion of the funding to purchase equipment for front-line crime reduction efforts. These include a deployment vehicle for the Strike Force team, horse trailers for the Mounted Unit, and digital media forensics equipment for the Computer Forensics Unit. The Orange County Oversight Committee requires City Council approval of the proposed changes to the original SLESF expenditure plan. FISCAL IMPACT There is no fiscal impact associated with this action. v, Paul M. Walters Chief of Police Police Department 75A-1 Lss:02/14/07 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO APPROVE AN AMENDMENT TO THE PROPOSED EXPENDITURE PLAN FOR THE 2006-2007 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The California Legislature has established and annually funds the Supplemental Law Enforcement Services Fund (SLESF). B. Said fund requires that moneys be allocated to counties and cities in accordance with specified requirements for front line law enforcement services. C. The total funding allocation is based on annual estimated population figures for respective counties and cities. In 2006-07 the City of Santa Ana, received an award of $684,861. D. The State requires cities and counties to adopt and submit an expenditure plan to the Supplemental Law Enforcement Oversight Committee prior to funding. The City of Santa Ana adopted an expenditure plan including front-line law enforcement for community policing. E. Upon receiving the allocated funds the Police Department has established a revised SLESF expenditure account for the grant funds, and is committed to spend the funds on front-line law enforcement, including personnel and equipment for community policing. In addition to personnel expenses for Gang Suppression Task Force, Cruiser Enforcement and Career Criminal Apprehension Programs, the expenditure account will include equipment such as a deployment vehicle for the Strike Force team, horse trailer for the Mounted Unit and digital media forensics equipment for the Computer Forensics Unit. F. A duly noticed public hearing was held to consider this item at the Council's regular meeting of February 20, 2007. The City Council 75A-2 considered all testimony, written and oral, before rendering this decision. Section 2. The City Council of the City of Santa Ana hereby approves and authorizes and empowers the Chief of Police to submit the proposed SLESF expenditure plan to the Supplemental Law Enforcement Oversight Committee and to implement the expenditures set forth therein. 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 , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: NOES Councilmembers: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 75A-3 75A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2007 TITLE: AGREEMENT FOR ELECTRONIC BILL PAYMENT SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on ts' 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 the Clerk of the Council to execute an agreement with InfoSend, Inc. for municipal utility bill printing and mailing, and electronic bill presentment and payment services for a three-year period with provision for a two year renewal, in an annual amount not to exceed $100,000. 2. Amend agreement with TransFirst, LLC (formerly Payment Resources International) for the processing of credit card payment for a total not to exceed $42,000 annually. 3. Adopt a resolution approving the electronic funds transfer fee and return payment fee. 4. Adopt a resolution adding one full time Customer Service Representative in Finance and Management Services Agency. DISCUSSION On February 8, 2006, the City Council requested that staff evaluate various alternatives for the implementation of a program that provides for the payment of services, fees, charges or taxes due, through the Internet with an initial focus on Municipal Utility Billing. Upon evaluation, staff determined that contracting with third party vendors for bill printing as well as for processing e-payments is the most cost-effective method to implement the recommended program. As such the Treasury Division released a notice inviting bids on December 5, 2006, for Utility Bill Printing, Mailing, and Electronic Bill Presentment Services. 75B-1 Agreement for Electronic Bill Payment Services February 20, 2007 Page 2 A summary of the bid invitations and bid results are as follows: 13 Request for Proposals mailed 1 Request for Proposal mailed to Santa Ana vendor 2 Proposals received 0 Proposals received from a Santa Ana vendor On December 29, 2006, two proposals were received. Each of the proposals were evaluated in five areas covering knowledge of and experience providing requested services, ability to maintain a constructive relations, ability to meet requirements, and price. FIRM LOCATION PRICE PER ANNUM RATING InfoSend Fullerton, CA $100,000 100 Divdat Las Vegas, NV $133,000 88 The proposal from InfoSend received the highest rating and is responsive to the specifications. Staff recommends an agreement term of three years with an optional two-year extension, exercisable by the City. In addition, TransFirst, LLC, the current provider of credit card processing for the City has agreed to provide the additional e-payment service of Municipal Utility Bills. The cost to the City associated with e-payment processing will be as follows: Transaction Fee Individual Corporate Card Card MasterCard $.29 Plus 1.52 of bill 3.25 of bill amount amount Visa $.29 Plus 1.52$ of bill 3.25 of bill amount amount As an example, the coat on a $50 transaction would be: Master Card or Visa (individual card) $1.05 - (corporate card) $1.92. In addition, establishment of the program is predicated on the addition of one full time Customer Service Representative as well as adopting resolutions establishing the various fees for credit card payments including rejected transactions. The Customer Service Representative position will provide assistance in administering the program through proper recordkeeping and reconciliation of processed transactions. 75B-2 Agreement for Electronic Bill Payment Services February 20, 2007 Page 3 FISCAL IMPACT Total contract cost of the program is estimated to be $142,000. Funding for the full-time position for the balance of FY 2006-2007 is estimated at $18,000. Fees collected from the program will be used to offset the cost of implementation. Funds will be budgeted in the Treasury Division (fund 011-175-6111 and fund 011-175-6251). 75B-3 r~xecucive Lireccor Finance & Management Services Agency Iss:1 /30/07 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A PER USE ELECTRONIC FUNDS TRANSFER FEE, AND RENAMING THE RETURNED CHECK FEE A RETURN PAYMENT FEE 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. The City Council wishes to institute a program through which City residents may receive and pay their utility bills on-line. Said program shall hereinafter be referred to as "Electronic Bill Pay". B. The City will incur costs for providing Electronic Bill Pay, including bill printing and additional staff requirements. The costs of the program are set forth in "Electronic Bill Pay" Resource Sheet, on file in the Finance Agency, and incorporated herein by reference. C. A transaction fee will be imposed for each credit card or electronic funds transfer processed. D. The City currently imposes a "Return Check Charge" of $25 for each check issued to the City and not honored by the bank on which it is drawn. The Council finds that this charge should be imposed for other forms of payment not honored by the institution on which funds are drawn. E. The Council finds, determines and declares that this transaction fee does not exceed the City's reasonable cost to provide the Electronic Bill Pay service, process the specified payments or administer the Electronic Bill Pay program. F. A public hearing was held on February 20, 2007. Based upon the testimony, reports and other evidence submitted on this matter, this city council makes the above-specified findings. G. The City Council incorporates herein, as though fully set forth, the Request for Council Action accompanying this resolution and all background information and studies presented to the City Council at the February 20, 2007 meeting. Section 2: The City Council hereby increases and establishes the following fees in relation to Electronic Bill Pay: Resolution 2007-XXX Page 1 of 3 75B-4 A. A transaction fee of $1.25 is imposed on each electronic funds transfer processed through the City. B. A transaction fee of $3.15 is imposed on each credit card transaction processed through the City. C. A Return Payment Fee of $25.00 shall be imposed for any check, credit card payment or electronic funds transfer which has been processed by the City and is not completed for any reason. E. The City shall commence collecting these fees, charges and surcharges on March 1, 2007 or as soon thereafter as is practicable in the opinion of the Executive Director of Finance. Section 3: Without further action of the City Council the above referenced fees 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. Section 5: This Resolution shall take effect upon approval of an Ordinance adding Section 2-3 to the Santa Ana Municipal Code and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Should said Ordinance not be adopted, or should said Ordinance not become effective, this Resolution shall be deemed null and void and of no further effect. ADOPTED this _ day of February, 2007 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Resolution 2007-XXX Page 2 of 3 75B-5 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. 2007 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 2007-XXX Page 3 of 3 75B-6 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT ANNUAL BUDGET TO ADD ONE FULL TIME CUSTOMER SERVICE REPRESENTATIVE POSITION IN FINANCE AND MANAGEMENT SERVICES. 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 June 19, 2006, the City Council passed and adopted Ordinance No. NS-2713, establishing the City's Annual Budget and authorizing position allocations for Fiscal Year 2006-2007. The Ordinance also sets forth the requirement that alterations in the allocation of authorized positions be reviewed and approved by the City Council. B. With the adoption of the On-line Bill Pay Ordinance, Finance and Management Services has determined a need to meet the implementation and monitoring responsibilities associated with the Ordinance. C. The Executive Director of Finance and Management Services proposes to add one full time Customer Service Representative position to the Finance and Management Services budget to provide follow-up, record-keeping and reconciling responsibilities associated with the On-line Bill Paying Program. D. It is now desired that the Annual Budget for Fiscal Year 2006-2007, as amended, be further amended in order to effect this change. Section 2: That the Annual Budget for Fiscal Year 2006-2007, as amended, be further amended by adding one Customer Service Representative position as shown below: Classification Title Customer Service Representative 6-Step Salary Rate Ranae (SRR) 564 Monthly Salary Minimum -Maximum $3,269 - $4,173 Section 3: That except as amended by this Resolution, all other provisions of the Annual Budget for Fiscal Year 2006-2007, as amended, shall remain in full force and effect. 75B-7 Section 4: That this Resolution shall be operative from and after its date of adoption. ADOPTED this _ day of February, 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007- 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 75B-8