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HomeMy WebLinkAbout FULL PACKET_2008-10-20ORDINANCE NO. NS-2777 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING SPECIFIC DEVELOPMENT NO. 82 (SD-82) AND REZONING THE PROPERTY LOCATED AT 2501 WEST FIFTH STREET LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 82 (SD-82) (AA NO. 2008- 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. Applicant is requesting approval of the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162; Amendment Application No. 2008-06 rezoning the property from Light Industrial (M1) to Specific Development No. 82 (SD-82); Conditional Use Permit No. 2008-05 to operate a Church and ancillary church uses; Variance No. 2008-04 to reduce on-site parking and Site Plan Review No. 2008-02 for the property located at 2501 West Fifth Street. B. On August 25, 2008, the Planning Commission held a duly noticed public hearing and voted unanimously to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162. 2. Adopt an ordinance approving Amendment Application No. 2008-06 for Specific Development No. 82. 3. Adopt a resolution approving Conditional Use Permit No. 2008-05 as conditioned. 4. Adopt a resolution approving Variance No. 2008-04 as conditioned. 5. Adopt a resolution approving Site Plan Review No. 2008-02 as conditioned. C. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162; Amendment Application No. 2008- 06 rezoning the property from Light Industrial (M1) to Specific Development No. 82; Conditional Use Permit No. 2008-05 to operate a 11 A-1 Church and ancillary church uses; Variance No. 2008-04 to reduce on-site parking and Site Plan Review No. 2008-02 came before the City Council of the City of Santa Ana for a public hearing October 6, 2008, and at that time the City Council considered all testimony, written and oral. D. Amendment Application No. 2008-06 has been filed with the City of Santa Ana to adopt Specific Development No. 82 (SD-82) and to rezone the property located at 2501 West Fifth Street from Light Industrial (M1) to Specific Development No. 82 (SD-82). (AA No. 2008-06) E. Specific Development No. 82 would allow all of the permitted and conditionally permitted uses currently found in the Light Industrial (M1) with churches and ancillary church uses as an additional conditionally permitted use. F. Amendment Application No. 2008-06 is consistent with the General Plan, including but not limited to its goals and policies: 1. Promote a balance of land uses to address basic community needs. Goal 1.0 of the Land Use Element of the General Plan. 2. Protect and enhance development sites and districts which are unique community assets that enhance the quality of life. Goal 4.0 of the Land Use Element of the General Plan. G. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the project at 2501 West Fifth Street is consistent with the purpose of the general plan. H. The City Council also adopts as findings all facts presented in the Requests for Council Action dated October 6, 2008 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2008-06 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. The resolution approving and adopting the amended Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 2004-162 which came before the City Council on October 6, 2008. This ordinance incorporates by reference, as though fully set forth herein, that resolution and mitigated negative declaration and mitigation monitoring program. Section 2. The real property located at 2501 West Fifth Street is hereby reclassified from Light Industrial (M1) to Specific Development No. 82 (SD-82). (AA No. 2008-06) Amended Sectional District Map number 11-5-10 showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. 11 A-2 Section 3. Specific Development No. 82 (SD-82) as set forth in Exhibit "B," attached hereto and incorporated as though fully set forth herein, is approved and adopted in its entirety. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2008. 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 11 A-3 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-4 ,,-,~ WESTMINSTER inTFl sr.~ F.__^ _ , + ___ 1o-s-o~ c1 C1 ,,, R2 CZ ~Q~~ N1-9W ~ R2___ ,o .:~ I N F. A i P / RZ rPy Rt Rl 3 R2 R? ~ n3 s R3 Rl ~~ ~~--~ m n n 15o-m l 1J-5-10 FIRST ST. AVE. 2.5.,0 -5-,9 ,2510 H to R1 .1P,-, , ~~ DP ,,., .I FI a Ci 1 ; si`~'~ i [ O G2N ~~ ANR1- N ~ '° Ct Rt - 111 C2 ~1 R2 R2"~ I[~ C1 ~< R2 ='- R2 R Cm R2 1 R2 FU 0, .tl_ I C ~M ~ C1 =~ a C1 U Iz s-1o 1_,"` ._. ,..._ -r-r_- 14 5-19 13-5-10 SECTIONAL DISTRICT MAP 17.5-10 SCALE IN FEET ~ ~ ' ADOPTED BY THE SANTA ANA CITYCO UNC1L, AUGUST 17, 1959 BY ORDINANCE NS-394 1000 GO- MINIh1UM FflONTAGE -6000 MINIMUM LOT AREA A7 GENERAL AGRICULTURAL G-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT Tnls mAP is me GFFICIAL S6cnoNAL C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE olsTNICT MAF Of rNE aTV Of 5ANTd ana. C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRIC T Mt LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE AS AUTNONIZEO 9V Cltt COUNCIL NESOwnorv NO. 14-163, oaTEO n's-7a,I C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE I+ENE9vnnssr r:~lAT Trus MqP lsnrauE COPV OF THE ORIGINAL SECTIONAL 013TRICT C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT MAP Na. ns-1o. C3-A CENTRAL BUSINESS-AR TISTS'VILLAGE O OPEN SPACE RE RESIDENTIAL ESTATE s;an~,n C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT dAVTR^4mo Exe::unvE ciNErroa C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN PLArv:uNCaswLCwD aeENCr CR C01'dMEHCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT cz,1,,1C4,r bale n14v 9, tom NES.: n.A. r qNx. rvo. NES. No. AGOPiEU GA1 E x. N'O. AA 1029 Aq 1051 AA 1052 AA 106] AA 96-2 AA UU03 AA 01-U1 AA U2~8 AA Od-3 AA05-e Pendln9 ~1NJ.~NES. rJ~1. N`.i-2935 NS-213] NS-2139 NS-2228 NS-2292 NS-2451 NS-2665 NS-2515 NS-2616 NS-2]06 ADOWfEO DATE 1120-89 ]-17-91 8-1B-BI 7-18-B4 6-3-96 10-16-00 4-16-0I 9-16.02 8-16-0d 12-9-05 ii[3.~A,A.'ANx. NO. 5241 536] 5443 5456 54tl2 S4B8 5506 5507 5513 5519 5649 5]96 592° 5823 6936 5958 6036 6044 AA 756 AA 881 AA 904 AA 956 AA 986 AA 966 oFD.rFES.NO. NS-412 fJS-4a] NS-460 NS-4'r0 NS-499 NS-510 NS-527 NS-528 NS-534 NS-560 NS-691 NS$6] NS-899 NS-902 - NS-10]9 NS-11]1 NS-1193 NS-1318 NS-1575 NS-i ]4] NS-1853 N$-1924 NS-1944 4:> OV T [ iI OATL ;1-"<-55 4-t9{0 B-1-60 1R3-60 2-20-61 3.6.61 9-]-61 9-7-61 9-21-61 11-2$1 11-4-63 3$-6] 12-1-67 12-4-67 3-i]-G9 5-3-71 ]-2-]3 12-17-]3 3-]-T7 5.2-63 9-17-84 7-7$6 ]-20-B1 12-21$] y' ~ ~ ,` • • ' • • • , °~"-~'" PREPARED BY THE PLANNING DIVISION - CITY OF SANTA ANA, CALIFORNIA REVISED 9/24/08 11 A-5 EXHIBIT B TEMPLO CALVARIO ASSEMBLY OF GOD Specific Development Plan No. 82 (SD-82) Section 1. Applicability of Ordinance The specific development zoning district for the Templo Calvario Assembly of God Church, as authorized by Chapter 41, Division 26, Sec. 41-593 et/seq. of the Santa Ana Municipal Code (SAMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles and sections of the SAMC shall apply unless expressly stated or superseded by this ordinance. Section 2. Purpose The Specific Development Plan No. 82 (SD-82) for Templo Calvario consists of standards and regulations established for the express purpose of protecting the health, safety and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of properties and encouraging orderly development of the property. Section 3. Uses Permitted 1. The permitted uses in the SD-82 District are the uses permitted in the Light Industrial (M1) zone as specified in SAMC section 41-472, as it may be amended from time to time. 2. The following uses are permitted when ancillary to any use permitted by section 3-1 or to any use permitted subject to a conditional use permit in Section 3-3: (a) The ancillary uses permitted in the Light Industrial (M1) zone as specified in SAMC section 41-472.1, as it may be amended from time to time. (b) Ancillary church uses. 3. The following uses may be permitted in the SD-82 district subject to the issuance of a conditional use permit: (a) The uses subject to a conditional use permit in the Light Industrial (M1) zone as specified in SAMC section 41-472.5, as it may be amended from time to time. 11 A-6 (b) Churches. Section 4 Operational and Development Standards for Light Industrial Uses. The operational and development standards for the permitted and conditionally permitted Light Industrial Uses shall be consistent with the operational and development standards found in SAMC sections 41-473 through 41-481, as they may be amended from time to time. Section 5 Development Standards for churches and ancillary church uses Walls and Screening. Any equipment, whether on the roof, side of building or ground, shall be screened. The method of screening shall be architecturally integrated with the building in terms of materials, color, shape and size. 2. Landscaping Standards. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping consistent with the existing landscape theme and existing improvements on- site. A six-inch raised concrete curb shall be required around all landscape planters unless approved by City Landscape Associate. (a) A landscaped area not less than 10 feet wide shall be maintained on the north (OCTA right-of-way) parking lot on Fairview Street. (b) All new landscaped planters and landscaped areas shall meet the commercial landscape planter standards. (c) Vine pockets shall be provided along the north (OCTA right-of-way) block wall every 15 feet. 3. Architectural and Design Features. (a) Exterior Materials: Changes to the exterior materials and finishes shall be submitted to the Planning Division for review and approval. The materials and finishes shall be consistent with those found on the site. (b) Trash Enclosures: Trash enclosures and similar ancillary structures are to match the texture, materials and color palette of the proposed buildings. (c) Lighting Standards/fixtures: A minimum shall be provided throughout the parking standards/fixtures and photometrics pla Planning Division for approval. of one-foot candle of light area. Specifications of light n shall be submitted to the 11 A-7 11 A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2008 TITLE: COOPERATIVE AGREEMENT WITH SANTA ANA UNIFIED SCHOOL DISTRICT FOR EXTENDED LIBRARY HOURS -~1 'K-~~'^---.^ CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of attached cooperative agreement with the District to extend library services at th November 1, 2008 thru May 29, 2009, in an subject to non-substantive changes by the Attorney. DISCUSSION the Council to execute the Santa Ana Unified School ree high school sites from amount valued at $168,990, City Manager and the City Libraries provide a safe and wholesome environment for youth and their families to access information, materials, technology, and other resources leading to enhanced academic success. In order to extend library services in the southern areas of the City where public library facilities do not exist, a cooperative agreement between the City of Santa Ana and the Santa Ana Unified School District was approved by City Council on September 4, 2007 for a one year term. A cooperative agreement between the City and the School District is once again recommended for approval in order to continue this valued service at the school sites. Under the terms of the proposed agreement, the District would provide library services, including book loans, at Valley, Saddleback and Century High Schools from 4 p.m. to 7 p.m., Tuesday through Thursday, from November 1, 2008 to May 29, 2009 during the days of the year the schools are in regular academic session. Bookmobile services for children at Valley High School would also be provided by the City three evenings per week, valued at $55,236. The City will provide $96,408 to the School District to fund additional service costs and will allocate $16,146 to hire part-time Library Technicians to staff the extended library hours. In addition, the City will provide $1,200 for instructional and custodial supplies at the three school sites. The total aggregate amount of funding and in-kind assistance provided to the District under the proposed agreement is $168,990. 25A-1 Cooperative Agreement SAUSD October 20, 2008 Page 2 FISCAL IMPACT Funds are available in the General Fund, Non-Departmental account (no. 11-012-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ,,~ ;',~ R b is and Executive Director Library Department Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency ~~ 25A-2 2 COOPERATIVE AGREEMENT BETWEEN THE SANTA ANA UNIFIED SCHOOL DISTRICT AND CITY OF SANTA ANA This Cooperative Agreement ("Agreement") is hereby entered into for the term of November 1, 2008 through July 31, 2009, by and between the City of Santa Ana, a charter city and municipal corporation organized under the Constitution and laws of the State of California ("City") and the Santa Ana Unified School District, a California public school district organized under the Constitution and laws of the State of California ("District"). Recitals: A. The City and the District share a common purpose in extending library services to children and their parents living in the southern areas of the City of Santa Ana. B. The City and District recognize that there is a strong correlation between library use by children and success in school. C. The intent of this Agreement is to use already existing resources of both the City and the District to provide public library services in areas of the City where a public library facility does not exist. D. A partnership between the City of Santa Ana and Santa Ana Unified School District promoting the use of high school libraries to their surrounding communities after school hours is a logical extension of the correlation between library use and academic success. E. The high school sites identified in this Agreement can provide a safe and wholesome environment for kids and their parents, skilled and competent library staff, and up to date materials and technology. F. The City and District are agreeable to rendering such services on the terms and conditions hereinafter set forth. NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: I. DISTRICT RESPONSIBILITIES A. District will provide a supervised environment for children and adults accompanying them for use of library materials and information technology in three high school libraries. B. The campuses housing those libraries are Century, Valley, and Saddleback High Schools. ~oi~si2ooa 1 of 6 eZ 25A-3 C. District will staff each of the locations with Library staff to assist members of the community in the use of the libraries. D. District will loan books and other material to District students and immediate family members, in a manner that is consistent with District policies and procedures established to meet the intent of this Agreement. E. The District will maintain records of library use during the hours funded under this Agreement and the City will regularly review the level of usage. F. The District will provide library services, including book loans, at Century, Saddleback, and Valley High Schools from 4 p.m. to 7:00 p.m. Tuesday through Thursday during the period of the year that the schools are in regular academic sessions ("Extended Library Service" from November 1, 2008, until May 29, 2009). G. The District will provide qualified Certificated library staff at during the Extended Library Service hours. H. The District will provide typical accommodations for library users such as books, magazines, tables, chairs, access to information technology, drinking fountains, and restrooms. I. The District will provide monthly reports on use, by location. II. CITY RESPONSIBILITIES A. The City will provide Bookmobile service for children three (3) evenings per week at Valley High School valued at $55,236. B. The City will pay the District $96,408 per year to cover costs of additional service to the public (Additional Service Cost"). The Additional Service Cost shall be paid in full to the district on or before the start of the Extended Library Service. C. The City will hire classified staff who are currently serving, or have served as district employees, to serve as Library Techs during the Extended Library Service hours, and will allocate $16,146 to pay the classified staff salaries. D. The City will also pay $1,200 to cover replacement of instructional supplies and custodial supplies. The supply cost shall be paid in full to the District on or before the start of the Extended Library Service. III. DISPUTE RESOLUTION Any material breach of this Agreement alleged by either party shall be subject of notification in writing to the alleged breaching party, as provided herein. Each party shall be accorded a 30-day period from actual receipt of written notification to cure each and every breach identified in the notification. Failure to provide notification in writing and the ~ on siaoos 2 of 6 eZ 2 5A-4 opportunity to cure any alleged breach shall constitute a waiver of that breach of the Agreement. Any dispute as to the existence of a material breach, the acceptability of a cure for each alleged breach, or the appropriate remedy for each and every material breach of this Agreement shall be resolved by mediation followed/by arbitration by a mediator/arbitrator agreeable to both parties. Arbitration of disputes as to material breach of this Agreement shall be final and binding as the exchisive remedy for enforcement of the rights and responsibilities of all parties subject to this Agreement. IV. INDEMNIFICATION Each party agrees to indemnify and hold harmless the other party, its officers, agents, and employees from all liability, claims, losses and demands, including defense costs, whether resulting from court action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or employees except where such liability, claims, losses, and demands arise solely from the willful acts or omissions of the non-indemnifying party. V. INSURANCE Both the City and the District shall maintain, for the period covered by this Agreement, at their own respective costs, their own respective policy or policies of general liability insurance and property insurance. Each party waives subrogation of its insurance coverage for the other entity. Self-insurance authorized by state law and/or maintained by the City or the District in the regular course of business for its other activities shall satisfy this requirement. Prior to the start of Extended library Service, both parties shall furnish the other party with policies or certifications evidencing the party's insurance coverage. VI. NOTICES All notices, statements, demands, requests, consents, approvals, authorizations, appointments, or designations hereunder by either party to the other shall be in writing and shall be deemed given and served upon the other party, if delivered personally or three (3) days after depositing in the United States mail, postage prepaid, addressed as follows: If to CITY: And City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: City Attorney ~ oii si2oos 3 of 6 ez 25A-5 If to DISTRICT: Santa Ana Unified School District 1601 E. Chestnut Santa Ana, CA 92701 Attn: ***~*****~~******~*** A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. VII. JURISDICTION This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. VIII. ENTIRE AGREEMENT This AGREEMENT sets forth the entire understanding between the parties with respect to library services. IX. TERM The term of this Agreement shall commence and terminate as specified herein, unless otherwise sooner terminated as provided in this Agreement. Upon termination, District shall return any unused monies. X. TERMINATION A. Either party may terminate this Agreement, without cause, upon Ninety (90) days written notice given the other party. B. Either party may terminate this Agreement, upon Ninety (90) days written notice given the other party for material breach after failure to resolve the breach pursuant to the Dispute Resolution paragraph of this Agreement. C. The rights and remedies of the District or City provided in this Termination ~ oii sizoos 4 of 6 ez 25A-6 paragraph shall not be exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement. XI. THIRD PARTY BENEFICIARY Neither party hereto intends that this Agreement shall create rights hereunder in third parties including but not limited to any subcontractors or any member of the public provided services hereunder. XII. MISCELLANEOUS PROVISIONS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. ~ on sizoos 5 of 6 ez 25A-7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the County of Orange, State of California, on the date and year first above written. The "District" The "City" Santa Ana Unified School District, City of Santa Ana apolitical subdivision of the State of California A Charter City By: By: Attest: By: Jane A. Russo Superintendent Jose A. Hernandez President of the Board Audrey Yamagata-Noji, Ph.D Clerk of the Board Approved as to Form: By: Ron Wenkart General Counsel By: Attest: By: David N. Ream City Manager Patricia E. Healy Clerk of the Council Approved as to Form: By: ~aisizoos 6 of 6 ~Z 25A-8 Joseph W. Fletcher City Attorney REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2008 TITLE: AGREEMENTS FOR RAILROAD GRADE CROSSING SAFETY ENHANCEMENTS AND SAFETY MEASURES RELATED TO QUIET ZONE IMPLEMENTATION 7`J~~__ ' CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreements subject to non-substantive changes approved by the City Manager and City Attorney: • Cooperative Agreement (C-8-0862) with the Orange County Transportation Authority (OCTA) • Construction & Maintenance agreement with the Southern California Regional Rail Authority (SCRRA) for rail-highway grade crossing safety enhancements and safety measures related to the Quiet Zone implementation. DISCUSSION The OCTA Grade Crossing Enhancement Program includes approximately $18 million for improvements at ten railroad locations in the City. This safety enhancement project includes the construction of new medians, modifications of existing medians, roadway signing and striping, pedestrian gates and other vehicular gate enhancements, along with railroad and nearby traffic signal installations and enhancements at the railroad crossing locations (Exhibit 1). The attached cooperative agreement indicates that OCTA is responsible for the design and construction of the project and the City will provide design review, construction inspection, and other construction support services in addition to the City's match of 120 of the project for the cost of construction (approximately $2.1 million). This project will also provide important safety enhancements that will allow for the implementation of a future Quiet Zone in the City. The attached Construction & Maintenance agreement with SCRRA indicates the responsibilities of all of the agencies involved with regard to the 25B-1 Agreements with OCTA for Railroad Grade Crossing Safety Enhancements October 20, 2008 Page 2 construction process, implementation of the Quiet Zone and maintenance agreements of all newly installed equipment and devices. The City's share of the yearly maintenance cost will not begin before the FY 2010- 2011. Both agreements require the City to defend and indemnify OCTA and SCRRA for any liability related to some of the improvements being constructed, as well as any City negligence related to future designation of quiet zones. The City Attorney's Office has expressed reservations regarding the scope of such obligations as proposed by the agencies. The City Attorney is continuing to work with the OCTA, SCRRA on specific language. ENVIRONMENTAL IMPACT A Notice of Exemption and Categorical Exemption - Class 1 (f) Safety Protection Devices (ER # 2008-159) has been prepared for the project and is consistent with both of these agreements. FISCAL IMPACT Funds in the amount of $968,000 for the City's share of the design and construction costs are available in select street construction, Measure M Street Construction, and Area Fee activities (account nos. 59-551-6631, 32-551-6631, 33-631-6631, 43-631-6631, 48-631-6631, and 49-631-6631, Project 09-1745C) The balance of the City's share, approximately $1,132,000, will be budgeted in FY 2009-2010 CIP. Funds for the City's share of the yearly maintenance cost will be provided beginning FY 2010- 2011(account no. 29-621-6271). APPROVED AS TO FUNDS AND ACCOUNTS: Ja es G. Ross Francisco Gutierrez E ecutive Director Executive Director ublic Works Agency Finance & Mgmt. Services Agency 25B-2 0 ~s'~ a 'm ~~~ mmm~ mmmo lo~~~ ~~ ~~_ 000 oo~oooeao a®~oo oa~~o~ m~~eee~eE ~m~Bee®~E Imo®eo~~ ~m®~~ ~ 00~~~ ~^~~~ O I~ LEGEND ^°~ _. ^ ~t ,~ r~1 ~. ~a - ~ fl a ^- ~~0~ - ~ ~~ ~~-~ ~ „- ,: . -,~~~~ u n~ ~ AT-GRADE RAILROAD CROSSING ENHANCEMENTS EXHIBIT 1 -- ~~ ~ ;; ~; ~~ b N.T.S SANTA ANA COOPERATIVE AGREEMENT C-8-0862 WITH OCTA ~ P~ W~1 FOR RAILROAD GRADE CROSSING SAFETY ~ ~, ENHANCEMENTS AND SAFETY MEASURES RELATED TO P~a~~~ woRKS A~~~ QUIET ZONE IMPLEMENTATION PAGE 1 OF t -n, e sac -~=,~_Q~ ~r~n~ _ _l ~~ I~ r ~~i_ AGREEMENTS TO FOLLOW 25B-4