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HomeMy WebLinkAbout FULL PACKET_2009-05-18ORDINANCE NO. NS - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND INTEGRAL COMMUNITIES I, INC. THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares as follows: A. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process. B. The City enters into this Amendment to Development Agreement pursuant to the provisions of the Government Code and applicable City policies. C. The Planning Commission has, following a duly noticed public hearing, on March 23, 2009, by a 4-3 vote recommended against approval of this amendment to the Development Agreement as to Integral Communities I, Inc ("Integral"). D. Entering into this Amendment to Development Agreement would provide the City with extraordinary and significant benefits that are of regional significance, relate to existing deficiencies in public facilities, require Integral to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. E. The City Council has held a noticed public hearing on this Ordinance, and has considered all testimony presented thereto. F. The previously adopted and certified Final Environmental Impact Report (EIR) for the Nexus Project, No. ER 2004-02, adequately describes and analyzes the impacts of this proposed ordinance, and no additional review under the California Environmental Quality Act is required. The new activity (the option of rental of residential units) does not affect the scope of the original project, nor create new impacts. The City has performed a traffic analysis of the difference between for-rent and for-sale units in the project, and this analysis has been included in the Addendum for said Final EIR for consideration of Item 75.B. for tonight's public meeting, and is incorporated herein by this reference. Ordinance No. NS- Page 1 11 A-1 G. The proposed project will not adversely affect the General Plan, as is expressly set forth in the Request for Council Action dated May 4, 2009, together with all supporting documents, including but not limited to proposed resolutions, which are incorporated herein by this reference. SECTION 2: The Amendment to Development Agreement, a true and correct copy of which is attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk of the Council are authorized to execute it on behalf of the City with such nonsubstantive changes as may be authorized by the City Manager and City Attorney. The Clerk of the City is hereby authorized and directed to cause this Development Agreement to be recorded with the County Recorder's Office. In case of any dispute between the terms or effect of Tentative Tract Map No. 2008-04 and the terms or effect of the Development Agreement, the Development Agreement shall prevail. SECTION 3: This ordinance shall not be effective unless and until Ordinance No. NS-2783 and Resolution No. 2009-021 are adopted and become effective. If said ordinance and resolution are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect.. 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 , 2009. Miguel A. Pulido Mayor Ordinance No. NS- Page 2 11 A-2 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS- Page 3 11 A-3 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M-30 P.O. Box 1988 Santa Ana, California 92702 FREE RECORDING GOVERNMENT CODE & 6103 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT by and between THE CITY OF SANTA ANA and NDC SKYLINE ASSOCIATES, LLC and INTEGRAL COMMUNITIES I, INC. Dated: May 18, 2009 Ordinance No. NS- EXHIBIT 1 11 A-4 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA, NDC SKYLINE ASSOCIATES, LLC, and INTEGRAL COMMUNITIES I, INC. This SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ("Second Amendment") is entered into between THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California ("City"), NDC SKYLINE ASSOCIATES, LLC, a Delaware limited liability company ("Skyline"), and INTEGRAL COMMUNITIES I, INC., a Delaware corporation ("Integral"). 1. Reference to Facts. This Second Amendment is entered into with reference to the following facts: 1.1 Capitalized terms not defined herein shall have the meaning set forth in the Development Agreement. 1.2 The Grand Plan 1, LLC, a California limited liability company ("GP1") and The Grand Plan 2, LLC, a California limited liability company ("GP2"), on the one hand, and City, on the other hand, entered into that certain Development Agreement dated August 4, 2005 and recorded in the Orange County Official Records on July 21, 2005 as Instrument No. 2005000565108 (as amended, the "Development Agreement") pursuant to which, among other things, Owner (as defined in the Development Agreement) was granted the vested right to develop a mixed use Project with residential condominiums and office/commercial/retail uses, as more particularly described therein. GP1 and GP2 subsequently assigned its rights and obligations under the Development Agreement with respect to Lake Towers to Skyline, and GP1 assigned its rights and obligations under the Development Agreement with respect to the Integral Project to Integral Communities I, Inc., a Delaware corporation. 1.3 As set forth above, Integral is the current owner of the Integral Project, having been assigned the Integral Project pursuant to the terms and provisions of the Development Agreement. 1.4 The original Development Agreement and Entitlements (i) described the Lake Towers Element of the Project would consist of two (2) towers with "for-sale" condominium units, and (ii) described the Integral Project would consist of "a five (5) or six (6) story building containing two hundred seventy-six (276) for-sale residential condominium units." 1.5 Lake Towers is nearing completion and, concurrently herewith, the City has approved certain modifications to existing Entitlements (including, Conditional Use Permit No. 2005-10) to permit Skyline to rent (and offer for rental) some or all of the Residential Units comprising Lake Towers (irrespective of whether any Residential Units are sold to third party purchasers). 2 2nd amendment to development agreement4 lake tower and integral 11 A-5 1.6 The Integral Project is still in the planning stage and, concurrently herewith, the City has approved certain modifications to existing Entitlements (including, Conditional Use Permit No. 2005-15) to permit Integral to rent (and offer for rental) some or all of the Residential Units comprising the Integral Project (irrespective of whether any Residential Units are sold to third party purchasers). 1.7 In connection with the foregoing, Skyline, Integral and City now desire to amend the Development Agreement to provide Skyline and Integral with the ability to rent (and offer for rental) some or all of the Residential Units comprising Lake Towers and Integral Project, respectively, in accordance with applicable Entitlements. 2. Right to Rent. Skyline, Integral and the City hereby acknowledge and agree that Skyline and Integral have the right to rent (and offer for rental) some or all of the Residential Units comprising Lake Towers and/or the Integral Project, respectively, in accordance with applicable Entitlements. The foregoing shall in no way be deemed to impose an obligation on Skyline or Integral to rent (or offer for rental) any or all of the Residential Units, or preclude Skyline or Integral from selling and renting (and offering for sale and rental) the Residential Units concurrently. 3. Modification of Certain Provisions. The Development Agreement is hereby amended and supplemented in the following particulars: 3.1 Section 1.1(1). The phrase "for-sale residential condominiums" appearing in Section 1.1(1) of the Development Agreement is hereby amended and restated to read as "for-sale condominium units or for-rent residential units." 3.2 Section 2.43(1). The phrase "three hundred fifty (350) for sale residential condominium units" appearing in Section 2.43(1) of the Development Agreement is hereby amended and restated to read as "three hundred forty-nine (349) for-sale condominium units or for- rent residential units." 3.3 Section 2.43(3). The phrase "two hundred seventy-six (276) for-sale residential condominium units" appearing in Section 2.43(3) of the Development Agreement is hereby amended and restated to read as "two hundred seventy-six (276) for-sale residential condominium units or for-rent residential units." 3.4 Section 2.50. The phrase "each of the for sale residential units" appearing in Section 2.50 of the Development Agreement is hereby amended and restated to read as "each of the for-sale (and with respect to Lake Towers and Integral Project, if applicable, the for-rent) residential units." 3.5 Section 4.1. Clause (ii) appearing in Section 4.1 of the Development Agreement. is hereby amended and restated to read in its entirety as follows: "(ii) the granting of Certificates of Occupancy (or similar permission to occupy) for the final Element of the Project and, except with respect to Lake Towers and/or Integral Project, sale of all Residential Units." 3.6 Section 4.2.1. Anew Section 4.2.1 is added to the Development Agreement to read in its entirety: 2nd amendment to development agreement4 lake tower and integr-l 4.2.1. Residential Rental Manager. Should Skyline and/or Integral exercise its option to rent the Lake Towers or Integral Project, respectively, prior to occupancy of the first rental unit, Skyline or Integral shall first obtain the written consent of the City, acting through its Executive Director of Planning and Building Agency or designee (the "Director"), to Skyline's and/or Integral's proposed residential rental manager. In exercising his or her reasonable discretion, the Director shall limit his or her review to the experience and capabilities of the proposed residential rental manager and shall approve any such proposed rental manager if the manager has demonstrated experience or capabilities with respect to the managing rental properties on the scale of the Lake Towers and/or Integral, respectively. 3.7 Section 4.3. Clause (f) appearing in Section 4.3 of the Development Agreement is hereby amended and restated to read in its entirety as follows: "Buyer's of Residential Units (and with respect to the Lake Towers Element and/or the Integral Project, if applicable, buyer's or tenant's of Residential Units). 4. Full Force and Effect: Counterparts. Except as amended herein the Development Agreement shall remain in full force and effect in accordance with its terms. This Second Amendment may be executed in any number of counterparts, all of which shall constitute one and the same instrument. [Signature and Notary Pages Follow] 2nd amendment to development agreement4 lake tower 11 tegr-l IN WITNESS WHEREOF, this Second Amendment has been executed by the City of Santa Ana, Skyline and Integral. Dated this day of , 2009. By Approved as to Form: By. JOSEPH W.FLETCHER City Attorney "CITY" THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California DAVID N. REAM City Manager "SKYLINE" NDC SKYLINE ASSOCIATES, LLC, a Delaware limited liability company By _ Name Its "Integral" INTEGRAL Communities I, INC., a Delaware corporation By _ Name Its 2nd amendment to development agreement4 lake tower and inte ral 11 ~-8 STATE OF CALIFORNIA COUNTY OF ss. On before me, ,Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal SIGNATURE OF NOTARY PUBLIC STATE OF CALIFORNIA COUNTY OF ss. On before me, ,Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal SIGNATURE OF NOTARY PUBLIC 2nd amendment to development agreement4 lake tower and integral 11 A-9 STATE OF CALIFORNIA COUNTY OF ss. On before me, ,Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal SIGNATURE OF NOTARY PUBLIC 2nd amendment to development agreement4 lake tower and integral 11A-10 ORDINANCE NO. NS - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND NDC SKYLINE ASSOCIATES, LLC THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares as follows: A. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process. B. The City enters into this Amendment to Development Agreement pursuant to the provisions of the Government Code and applicable City policies. C. The Planning Commission has, following a duly noticed public hearing, on March 23, 2009, recommended approval of this Amendment to Development Agreement. D. Entering into this Amendment to Development Agreement would provide the City with extraordinary and significant benefits that are of regional significance, relate to existing deficiencies in public facilities, require the owner of MacArthur Place South to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. E. The City Council has held a noticed public hearing on this Ordinance, and has considered all testimony presented thereto. F. The previously adopted and certified Final Environmental Impact Report (EIR) for the Nexus Project, No. ER 2004-02, adequately describes and analyzes the impacts of this proposed ordinance, and no additional review under the California Environmental Quality Act is required. The new activity (the option of rental of residential units) does not affect the scope of the original project, nor create new impacts. The City has performed a traffic analysis of the difference between for-rent and for-sale units in the project, and this analysis has been included in the Addendum for said Final EIR for consideration of Item 75.B. for tonight's public meeting, and is incorporated herein by this reference. Ordinance No. NS- Page 1 11 B-1 G. The proposed project will not adversely affect the General Plan, as is expressly set forth in the Request for Council Action dated May 4, 2009, together with all supporting documents, including but not limited to proposed resolutions, which are incorporated herein by this reference. SECTION 2: The Amendment to Development Agreement, a true and correct copy of which is attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk of the Council are authorized to execute it on behalf of the City with such nonsubstantive changes as may be authorized by the City Manager and City Attorney. The Clerk of the City is hereby authorized and directed to cause this Development Agreement to be recorded with the County Recorder's Office. In case of any dispute between the terms or effect of Tentative Tract Map No. 2008-04 and the terms or effect of the Development Agreement, the Development Agreement shall prevail. SECTION 3: This ordinance shall not be effective unless and until Ordinance No. NS-2782 and Resolution No. 2009-022 are adopted and become effective. If said ordinance and resolution are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. 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 , 2009. Miguel A. Pulido Mayor Ordinance No. NS- Page 2 11 B-2 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS- Page 3 11 B-3 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M-30 P.O. Box 1988 Santa Ana, California 92702 FREE RECORDING GOVERNMENT CODE & 6103 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT by and between THE CITY OF SANTA ANA and NDC SKYLINE ASSOCIATES, LLC and INTEGRAL COMMUNITIES I, INC. Dated: May 18, 2009 Ordinance No. NS- EXHIBIT 1 11 B-4 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA, NDC SKYLINE ASSOCIATES, LLC, and INTEGRAL COMMUNITIES I, INC. This SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ("Second Amendment") is entered into between THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California ("City"), NDC SKYLINE ASSOCIATES, LLC, a Delaware limited liability company ("Skyline"), and INTEGRAL COMMUNITIES I, INC., a Delaware corporation ("Integral"). 1. Reference to Facts. This Second Amendment is entered into with reference to the following facts: 1.1 Capitalized terms not defined herein shall have the meaning set forth in the Development Agreement. 1.2 The Grand Plan 1, LLC, a California limited liability company ("GP1") and The Grand Plan 2, LLC, a California limited liability company ("GP2"), on the one hand, and City, on the other hand, entered into that certain Development Agreement dated August 4, 2005 and recorded in the Orange County Official Records on July 21, 2005 as Instrument No. 2005000565108 (as amended, the "Development Agreement") pursuant to which, among other things, Owner (as defined in the Development Agreement) was granted the vested right to develop a mixed use Project with residential condominiums and office/commercial/retail uses, as more particularly described therein. GP1 and GP2 subsequently assigned its rights and obligations under the Development Agreement with respect to Lake Towers to Skyline, and GP1 assigned its rights and obligations under the Development Agreement with respect to the Integral Project to Integral Communities I, Inc., a Delaware corporation. 1.3 As set forth above, Integral is the current owner of the Integral Project, having been assigned the Integral Project pursuant to the terms and provisions of the Development Agreement. 1.4 The original Development Agreement and Entitlements (i) described the Lake Towers Element of the Project would consist of two (2) towers with "for-sale" condominium units, and (ii) described the Integral Project would consist of "a five (5) or six (6) story building containing two hundred seventy-six (276) for-sale residential condominium units." 1.5 Lake Towers is nearing completion and, concurrently herewith, the City has approved certain modifications to existing Entitlements (including, Conditional Use Permit No. 2005-10) to permit Skyline to rent (and offer for rental) some or all of the Residential Units comprising Lake Towers (irrespective of whether any Residential Units are sold to third party purchasers). 2nd amendment to development agreement4 lake tower and inte ral 11 ~-5 1.6 The Integral Project is still in the planning stage and, concurrently herewith, the City has approved certain modifications to existing Entitlements (including, Conditional Use Permit No. 2005-15) to permit Integral to rent (and offer for rental) some or all of the Residential Units comprising the Integral Project (irrespective of whether any Residential Units are sold to third party purchasers). 1.7 In connection with the foregoing, Skyline, Integral and City now desire to amend the Development Agreement to provide Skyline and Integral with the ability to rent (and offer for rental) some or all of the Residential Units comprising Lake Towers and Integral Project, respectively, in accordance with applicable Entitlements. 2. Right to Rent. Skyline, Integral and the City hereby acknowledge and agree that Skyline and Integral have the right to rent (and offer for rental) some or all of the Residential Units comprising Lake Towers and/or the Integral Project, respectively, in accordance with applicable Entitlements. The foregoing shall in no way be deemed to impose an obligation on Skyline or Integral to rent (or offer for rental) any or all of the Residential Units, or preclude Skyline or Integral from selling and renting (and offering for sale and rental) the Residential Units concurrently. 3. Modification of Certain Provisions. The Development Agreement is hereby amended and supplemented in the following particulars: 3.1 Section 1.1(1). The phrase "for-sale residential condominiums" appearing in Section 1.1(1) of the Development Agreement is hereby amended and restated to read as "for-sale condominium units or for-rent residential units." 3.2 Section 2.43(1). The phrase "three hundred fifty (350) for sale residential condominium units" appearing in Section 2.43(1) of the Development Agreement is hereby amended and restated to read as "three hundred forty-nine (349) for-sale condominium units or for- rent residential units." 3.3 Section 2.43(3). The phrase "two hundred seventy-six (276) for-sale residential condominium units" appearing in Section 2.43(3) of the Development Agreement is hereby amended and restated to read as "two hundred seventy-six (276) for-sale residential condominium units or for-rent residential units." 3.4 Section 2.50. The phrase "each of the for sale residential units" appearing in Section 2.50 of the Development Agreement is hereby amended and restated to read as "each of the for-sale (and with respect to Lake Towers and Integral Project, if applicable, the for-rent) residential units." 3.5 Section 4.1. Clause (ii) appearing in Section 4.1 of the Development Agreement is hereby amended and restated to read in its entirety as follows: "(ii) the granting of Certificates of Occupancy (or similar permission to occupy) for the final Element of the Project and, except with respect to Lake Towers and/or Integral Project, sale of all Residential Units." 3.6 Section 4.2.1. Anew Section 4.2.1 is added to the Development Agreement to read in its entirety: 3 2nd amendment to development agreement4 lake tower and integral 11 B-6 4.2.1. Residential Rental Manager. Should Skyline and/or Integral exercise its option to rent the Lake Towers or Integral Project, respectively, prior to occupancy of the first rental unit, Skyline or Integral shall first obtain the written consent of the City, acting through its Executive Director of Planning and Building Agency or designee (the "Director"), to Skyline's and/or Integral's proposed residential rental manager. In exercising his or her reasonable discretion, the Director shall limit his or her review to the experience and capabilities of the proposed residential rental manager and shall approve any such proposed rental manager if the manager has demonstrated experience or capabilities with respect to the managing rental properties on the scale of the Lake Towers and/or Integral, respectively. 3.7 Section 4.3. Clause (f) appearing in Section 4.3 of the Development Agreement is hereby amended and restated to read in its entirety as follows: ``Buyer's of Residential Units (and with respect to the Lake Towers Element and/or the Integral Project, if applicable, buyer's or tenant's of Residential Units). 4. Full Force and Effect; Counterparts. Except as amended herein the Development Agreement shall remain in full force and effect in accordance with its terms. This Second Amendment may be executed in any number of counterparts, all of which shall constitute one and the same instrument. [Signature and Notary Pages Follow] 2nd amendment to development agreement4 lake tower and integral 11 B-7 IN WITNESS WHEREOF, this Second Amendment has been executed by the City of Santa Ana, Skyline and Integral. Dated this day of , 2009. "CITY" THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California By Approved as to Form: By JOSEPH W.FLETCHER City Attorney DAVID N. REAM City Manager "SKYLINE" NDC SKYLINE ASSOCIATES, LLC, a Delaware limited liability company By Name Its "Integral" INTEGRAL Communities I, INC., a Delaware corporation By _ Name Its 2nd amendment to development agreement4 lake tower and integral 11 B-8 STATE OF CALIFORNIA COUNTY OF ss. On before me, ,Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal SIGNATURE OF NOTARY PUBLIC STATE OF CALIFORNIA COUNTY OF On ss. before me, Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal SIGNATURE OF NOTARY PUBLIC 2nd amendment to development agreement4 lake tower and integral 11 B-9 STATE OF CALIFORNIA COUNTY OF ss. On before me, ,Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal SIGNATURE OF NOTARY PUBLIC 2nd amendment to development agreement4 lake tower and integral 11 B-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 18, 2009 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19C-1 Memo To: Laura Sheedy, Assistant City Attorney CilyA~orneys Olfioe From: Anita Ayala, Records Manager Date: April 30, 2009 Re: REQUEST FOR DESTRUCTION OF RECORDS The Police Department requests your consent to destroy city records on the attaching listings, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. ..~ , ~=~~'rr Anita Ayala, Records Manager Police Department 19C-2 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: Patrol Division -Watch Commander Record Category Record Series Record Description Record Dates SUPERVISOR LOGS By Supervisor Daily logs written by supervisor April 2007 and Name documenting shift activities prior ROLL CALL Information disseminated at April 2007 and BRIEFING FILES Roll Call Briefings prior Prepared by: Name: Stephen Colon Title: Commander Date: April 2, 2009 Number of boxes to be destroyed: 2 CONSENT BY: ~~ ~z~ =~ ~.~~--- ~ Paul M. Walters, Chief of Police Date Police Department APPROVED BY: ,, F ~, ~~.,. _. ~ 1 ' ~cf Joseph Fletcher Date City Attorney Records destroyed by: Print Name & Badge # Signature Date of destruction: Once your records have been destroyed return this form to the Records Manager and keep a copy of this form for your files. Page 1 of 1 19C-3 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTAAENT Division Name: Records Division Record Category Record Series Record Description Record Dates CORRESPONDENCE Incoming and "Loose correspondence that April 2007 and Outgoing cannot be legitimately attached prior General to some major record series Correspondence FIELD INTERVIEW By Name Documentation of a field April 2007 and CARDS contact by an officer prior POLICE REPORTS Marijuana Incidents involving less than 1 April 2007 and Report under 1 oz. of marijuana prior oz. STATISTICAL UCR (Uniform State reports of statistics on April 1999 and REPORTS Crime Report} crimes and supporting prior documents STATISTICAL Crime Tally Forms used to collect crime April 2007 and REPORTS Sheets data prior SUPERVISOR LOGS By Supervisor Daily logs written by supervisor April 2007 and Name documenting shift activities prior VEHICLE LOGS PPI Logs Record of private party April 2007 and (Records) impounds prior WARRANT Served warrant working papers April 2007 and INVESTIGATIVE with no case number prior WORKSHEETS Prepared by: Name: Anita Ayala Title: Records Manager Date: April 2, 2009 Number of boxes to be destroyed: CONSENT BY: ~~~~~c..c~-- 1. ~ -V S Paul M. Walters, Chief of Police Date Page 1 of 2 19C-4 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: Records Division P;~olice /1Department`~ Ua ~C ~~rr l 2, 2c`o APPROVED BY: ~-, oseph Fletcher .-- - Date City Attorney ;/ Records destroyed by: Print Name & Badge # Signature Date of destruction: Once your records have been destroyed return this form to the Records Manager and keep a copy of this form for your files. Page 2 of 2 19C-5 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: PROFESSIONAL STANDARDS DIVISION Record Category Record Series Record Description Record Dates ADMINISTRATIVE EMPLOYEE ACCIDENTS INVOLVING ON- 1/1/03 to INVESTIGATIONS ACCIDENTS DUTY DEPARTMENTAL 12/31/03 PERSONNEL ADMINISTRATIVE K-9 REPORTS INVESTIGATIONS OF K-9 BITE 1/1/03 to INVESTIGATIONS INCIDENTS 12/31/03 ADMINISTRATIVE USE OF IN-CUSTODY INJURIES AND 1/1/03 to INVESTIGATIONS FORCE USE OF FORCE 12/31/03 ADMINISTRATIVE OFFICER INVESTIGATIONS OF OFFICER 1/1/03 to INVESTIGATIONS INVOLVED INVOLVED SHOOTINGS 12/31/03 SHOOTINGS CITIZEN BY INVESTIGATIONS OF ALLEGED 1/1/03 to COMPLAINTS EMPLOYEE EMPLOYEE MISCONDUCT 12/31/03 NAME Prepared by: Name: J. Smith Title: Inspector Date: March 17, 2009 Number of boxes to be destroyed: 19 CONSENT BY: ~~. ~5 Paul M. Walters, Chief of Police Date Police Department APPROVED BY: ,. < < _ Joseph Fletcher '" ' Date City Attorney ~' Page 1 of 2 19C-6 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: PROFESSIONAL STANDARDS DIVISION ------------------------------------------------------ ------------------------------------------------------ Records destroyed by: Print Name & Badge # Signature Date of destruction: Once your records have been destroyed return this form to the Records Manager and keep a copy of this form for your files. Page 2 1f~C_7 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: Communications Record Category Record Series Record Description Record Dates Recordings of Audio Routine daily taping and 8/16/08 and telephone and Recordings recording of telephone prior radio communications and all radio communications communications relating to the operations of the departments. Supervisor logs Police Daily logs written by supervisors 2/16/07 and Communications documenting shift activities prior Supervisors and lead dispatchers Prepared by: Suzette Caddell Name:Suzette Caddell Title:Police Communications Manager Date: 2/16/09 Number of boxes to be destroyed: 2 CONSENT BY: ~~ u.~i~ - Paul M. Walters, Chief of Police Police Department APPROVED BY: (.~ ~- ~-' c~S Date ~~ ~ ~ oseph Fletcher r Date City Attorney Records destroyed by: Print Name & Badge # Date of destruction: Signature Page 1 of 2 19C-8 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: Communications Once your records have been destroyed return this form to the Records Manager and keep a copy of this form for your files. Page 2 of 2 19C-9 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: Property and Facilities Division Record Record Series Record :pescription Record Dates Category Supervisor Logs By Supervisor Daily logs written by Supervisors 04/31!07 and Name documenting shift activity prior Prepared by: Name: Mary Calderwood Title: Property & Facilities Manager Date: February 23, 2009 Number of boxes to be destroyed: 1 CONSENT BY: f Paul M. Walters, Chief of Police Date Police Department APPROVED BY: Joseph Fletcher Date City Attorney Records destroyed by: Print Name & Badge # Date of destruction: Signature Once your records have been destroyed return this form to the Records Manager and keep a copy of this form for your files. Page 1 of 1 19C-10 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: Training Record Record Series Record Description Record Dates Category Training Records Employee Schools and Classes Attended by February 2004 Training Police Employees (FTO Training and prior Records - by Records) Employee Name Prepared by: Name: Malcolm Lowery Date: 2/17/09 Title: Training Sergeant Number of boxes to be destroyed: 8 CONSENT BY: Cv~ I Paul M. Walters, Chief of Police Police Department APPROVED BY: CG~-t3 ~s Date Joseph Fletcher Date City Attorney .: Records destroyed by: Print Name & Badge # Date of destruction: Signature Once your records have been destroyed return this form to the Records Manager and keep a copy of this form for your files. Page 1 of 1 19C-11 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: Animal Services ~~Y r . Record Record Series Record Descripti~' jr R c~r~ates Category ~. :, Agreements City Council Police/Section level copies of Jun®'~~ 3 and Approval contracts entered into by the City prior relating to goods, services, legal settlements and program responsibilities Correspondence Council Forms used by the Mayor and Feb 2003 and Requests Council members to request prior information and/or certain staff actions. Correspondence Incoming and "Loose correspondence that Feb 2003 and Outgoing cannot be legitimately attached to prior General some major record series Correspondence Training Records K-9 Training Training records of K-9 Officers Feb 2003 and Records prior Budget Budget back-up Budget preparation sheets, and Feb 2007 and documentation other support documents prior Supervisor Logs By Supervisor Daily logs and memos pertaining Feb 2003 and Name to K-9, Animal Services and Air prior Support by Section Supervisor Statistical Crime Tally Forms used to collect crime or Feb 2003 and Reports Sheets section activities in K-9/Animal prior Services/Air Support Prepared by: Name: Marty Shirey Title: Sergeant Date: 3/3/09 Number of boxes to be destroyed: I CONSENT BY: Page 1 of 2 19C-12 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Divi a e: Animal Services ~-- ~ ~ ~ Paul M. Walters, Chief of Police Date Police Department APPROVED BY: ~'" t J seph Fletcher ~ Date City Attorney Records destroyed by: Print Name & Badge # Signature Date of destruction: Once your records have been destroyed return this form to the Records Manager and keep a copy of this form for your files. Page 2 of 2 19C-13 19C-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 18, 2009 TITLE CONSULTANT AGREEMENT WITH CINDY KREBS CONSULTING, INC. FOR GO LOCAL PROGRAM STEP 2 PROGRAM MANAGEMENT (PROJECT 09-2505-C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"tl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Cindy Krebs Consulting, Inc. in the amount of $288,000, to function as the City of Santa Ana's Program Transit Manager for the Go Local Program Step 2 technical analysis for the Santa Ana and Garden Grove modern streetcar project, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION As you are aware, on May 12, 2008, the OCTA Board allocated $5.9 million in Step 2 funding to Santa Ana for the modern streetcar transit concept for detailed planning, preliminary design, alternatives analysis, financial planning and environmental work. Additionally, on April 20, 2009, Council authorized staff to negotiate an agreement with Cordoba Corporation to conduct the Step 2 analysis and return to City Council for final approval of the consultant team and contract fee. Further, on March 23, 2009, the OCTA Board approved the City's funding request for $3 million to develop a concept Master Site Plan for the Santa Ana Regional Transportation Center (SARTC) and grade separation of Santa Ana Boulevard. The SARTC Master Plan envisions new station areas, additional parking and improved bus, pedestrian and bicycle access. The study also includes completion of preliminary engineering and environmental clearances for both the grade separation of Santa Ana Boulevard and SARTC Master Site Plan. It should be noted that both the Step 2 analysis and the SARTC Master Site Plan will take approximately 24 months to complete. 25A-1 Cindy Krebs Consulting, Inc. May 18, 2009 Page 2 of 3 The City requires professional assistance from a Program Transit Manager Consultant (PTMC) to take the Go Local Transit Vision from concept to completion. The PTMC will work closely with the City's Project Manager and other key City, OCTA and consultant staff assigned to the Go Local Project . The PTMC shall commit at least 50 percent of her time to the management of the project on a monthly basis. It is anticipated that Consultant services will be required for a minimum of two years, however, the agreement includes an option for services for one additional year. The Consultant will function as an extension of staff to provide oversight and direction to the modern streetcar consultant team and other consultants selected to assist the City with key deliverables and implementation of the Go Local Transit Vision. PTMC will also serve as the primary liaison between the City and external agencies (e.g., OCTA, FTA, Caltrans and MTA etc.) and primary point of contact for the Public Works Agency on transit related matters. Tasks include meeting attendance, development of written correspondence including memos, letters, staff reports and presentations to the Santa Ana City Council and OCTA Board, preparation of meeting minutes, and meeting agendas, program oversight, contract administration, and written and oral progress reports to City's Project Manager and other key City staff. Staff has been working closely with Cindy Krebs of Cindy Krebs Consulting, Inc. for the past year on various transit-related issues including the Go Local Program. She has proven to be a very qualified and extremely competent professional that we highly recommend for this service. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The Program Transit Manager's compensation will be a maximum of $12,000 per month. This position would be funded from the $5.9 million and $3 million that the City received from OCTA for the Go Local Step 2 analysis and SARTC Master Plan expansion study, respectively. Funds are available in the Measure M - Street Construction Fund (account no. 32- 553-6631, project 09-2505-C). 25A-2 Cindy Krebs Consulting, Inc. May 18, 2009 Page 3 of 3 .1 ~ ,, ~.,. ,'~, ~'. ames G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: ~~.~ o ~ ~ ~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25A-3 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND CINDY KREBS CONSULTING, INC. THIS AGREEMENT, made and entered into this 18t" day of May, 2009 by and between the Cindy Krebs Consulting, Inc., a California Corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skills and knowledge to assist the City to advance its Go Local Project Transit Vision from concept to completion. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall supplement City staff by serving as a Program Transit Manager Consultant ("PTMC") working closely with the City's Project Manager and other key City, OCTA and consultant staff assigned to the Go Local Program. The PTMC shall commit at least twenty (20) hours per week of her time to the management of the project on a monthly basis. The PTMC will provide oversight and direction to the modern streetcar consultant team and other consultants selected to assist the City with key deliverables and implementation of the Go Local Transit Vision. Consultant will also serve as the primary liaison between the City and external agencies such as OCTA, CalTrans, etc., and be the primary point of contact for the Public Works Agency on transit related matters. Tasks include meeting attendance, development of written correspondence including memos, letters, staff reports, and presentations to the City Council and OCTA Board, preparation of meeting minutes, agendas, program oversight, contract administration, aswell as written and oral progress reports to the City's Project Manager and key City staff. Consultant shall perform all services listed in Exhibit A, attached hereto and incorporated herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, Twelve Thousand Dollars ($12,000) per month. The total sum to be expended under this 1 2 5A-4 Agreement during its two (2) year term, shall not exceed Two Hundred Eighty Eight Thousand Dollars ($288,000.00). b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM The term of this Agreement shall be two (2) years, with aone-year option to extend, exercisable upon agreement of both parties. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the 2 25A-5 performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. RESERVED. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 3 25A-6 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702-1988 telefacsimile (714) 647-5622 4 25A-7 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.~. BOX 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Cindy Krebs Consulting, Inc. 26 Calais Newport Coast, CA 92657 Phone: 949-212-2461 Attn: Cindy Krebs 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement 5 25A-8 shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government 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. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 6 25A-9 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 7 25A-10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Lisa E. Storck Assistant City Attorney CITY OF SANTA ANA: DAVID N. REAM City Manager RECOMMENDED FOR APPROVAL: CONSULTANT James G. Ross Executive Director Public Works Agency City of Santa Ana Cindy Krebs Consulting, Inc. Cindy Krebs Employer ID # s 25A-11 EXHIBIT A Scope of Work Santa Ana Transit Program Management The City of Santa Ana requires professional assistance to take its Go Local Transit Vision from concept to completion. Searing as the City of Santa Ana's Transit Program Manager, Cindy Krebs Consulting, Inc. will provide the following services: 1. Lead a citywide team to develop and deliver the three projects which comprise Santa Ana's Go Local Transit Vision: • Modern Streetcar- Implementation of a modern streetcar between the SARTC and Civic Center and Harbor Boulevard to connect to the planned Bristol Street, Westminster, and Harbor Boulevard bus rapid transit (BRT) lines. • SARTC Expansion -Expansion of the SARTC and grade separation of Santa Ana Boulevard to support the expansion of Metrolink services in 2009, the modern street car, and planned BRT, newly expanded SARTC would provide new station areas, additional parking, bus, pedestrian, and bicycle access all integrated into transit-oriented development on and adjacent to the SARTC site. • Multi-Modal Use of the PE ROW -The PE ROW would transform from an abandoned linear corridor into a dynamic multi-modal transportation facility that integrates the modern streetcar, BRT, autos, bicycles, and pedestrians. Transportation options include development of an arterial street, extension of the streetcar and an interchange to the arterial street at SR-22. 2. Attend as requested and track meetings at the Orange County Transportation Authority (OCTA) and represent the City at the following OCTA meetings and prepare meeting summaries for each: • Board of Directors • Transportation 2020 Committee • Transit Committee • Rail Technical Advisory Committee 3. Host weekly meeting with the City's Go Local Project Manager and transit program team to: • Discuss project status • Identify issues • Develop solutions • Provide process support 4. Attend bi-weekly meetings with the Executive Director, Public Works Agency and the Engineering Services Manager/City Engineer to discuss project status and address issues 9 25A-12 5. Provide oversight and direction to the Modern Streetcar (Fixed Guideway) consultant team and any other consultants selected to assist the City with key deliverables and implementation of the Go Local Transit Vision. 6. Serve as the primary point of contact with the Mayor and City Council on transit-related issues 7. Serve as the primary liaison between the City and the following external agencies on transit-related matters: • OCTA • Federal Transit Administration (FTA) • Caltrans • Los Angeles MTA • Neighboring jurisdictions • Business community • General public 8. Develop milestone schedules for each of the Go Local Transit Vision projects and provide updates at key milestones to: • Santa Ana City Council • Transportation Council Committee • Environmental and Transportation Advisory Committee • Planning Commission, as appropriate 9. Support and coordinate with other City departments (e.g., Community Development, Planning and Building) on issues and opportunities related to the Go Local Transit Vision and SARTC expansion project. 10. Advise the City on matters related to transit policy, funding, program requirements, and implementation strategies io 25A-13 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to Named Insured Countersigned by Authorized Representative this endorsement form as a part of t~ 25A-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 18, 2009 TITLE: AMENDMENT TO LEGAL SERVICES AGREEMENT WITH LIEBERT CASSIDY WHITMORE ~l / , / ~~~ ~c ~y ' CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an amendment to contract with the law firm of Liebert Cassidy Whitmore. DISCUSSION The City Attorney's Office provides legal services to the City, its officials and employees, primarily through staff attorneys. However, it is sometimes necessary to retain outside counsel for specialized fields of practice and cases that have extraordinary staffing requirements. In 2005 the City first retained the firm to provide representation before the Personnel Board. The hourly rate at that time was $240 per hour. City Staff has requested that the firm be authorized to assist and advise on a broader range of personnel and labor law matters. Additionally, the firm's hourly billing rate has been raised to $270 per hour. As with all other special counsel, the firm will continue to work under the supervision of the City Attorney's Office. FISCAL IMPACT Funds are available in the Personnel Services Agency account no. 011-141- 6291. 25B-1 Amendment to Legal Services Agreement with Liebert Cassidy Whitmore May 18, 2009 Page 2 APPROVED AS TO FUNDS AND ACCOUNTS: ~P ~ - - - ~ T'~ .ice .- Francisco Gutierrez Executive Director Finance & Management Services Agency /~ ~Y =~,~~-~ '~'~`~~---- ~~ ti Kathie Gonzalez Acting Executive Director Personnel Services 25B-2 FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT This First Amendment to Agreement is made and entered into this day of May, 2009, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (the "City") and Liebert, Cassidy and Whitmore, a California Professional Corporation ("Consultant"). RF,C'TTAT,~ A. On February 7, 2005, the City and Consultant entered into a contract to provide legal services (the "Agreement"). B. The parties wish to amend both the scope of representation and compensation for Consultant. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinfter set forth, the parties agree as follows: Section 1. of the Agreement entitled "SCOPE OF SERVICES" is amended to read as follows: 1. SCOPE OF SERVICES Consultant shall provide expert legal serivices, as directed by the City Attorney, in matters related to labor and personnel law, including litigation, if required. The City Attorney shall approve in advance the names of all attorneys who will be permitted to bill under this Agreement. 2. Section 2.a. of the Agreement entitled "COMPENSATION" is amended to read as follows: 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept from City, as payment for all services in regard to this Agreement, compensation at the hourly rate of $270.00 per hour for approved attorneys. City agrees to reimburse Consutant for the following reaonsable and necessary costs and expenses incurred on behalf of City; photocopying charges at fifteen cents ($. T 5) per page and facsimile charges at fifty cents ($0.50) per page. No other costs may be separately billed unless approved in writing in advance by the City Attorney. 25B-3 2. Except as herein amended, all terms and conditions of said Agreement, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date first above written. ATTEST: PATRICIA E. HEALY CITY OF SANTA ANA DAVID N. REAM City Manager LIEBERT, CASSIDY & WHITMORE Name: Title: Employer ID No. 25B-4 Clerk of the Council REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 18, 2009 TITLE: AGREEMENTS FOR PARK LANDSCAPE MAINTENANCE SERVICES ,~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute the attached one-year agreement, with four one-year renewal options, with DMS Landscape Services to provide park landscape maintenance services in District 1 in an annual amount not to exceed $261,120, and approve a 5% contingency for unanticipated work for a total annual amount not to exceed $274,176, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute the attached one-year agreement, with four one-year renewal options, with Merchants Landscape Services to provide park landscape maintenance services in District 2 in an annual amount not to exceed $682,770, and approve a 15s contingency for unanticipated work for a total annual amount not to exceed $787,045, subject to non- substantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager and Clerk of the Council to execute the attached one-year agreement, with four one-year renewal options, with Mariposa Landscapes to provide park landscape maintenance services in District 3, in an annual amount not to exceed $424,156, and approve a 5~ contingency for unanticipated work for a total annual amount not to exceed $445,364, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency currently divides the City into four separate park maintenance districts. Districts 1 and 3 are currently maintained by City staff, and are new contract areas. District 2 is maintained by Merchants Landscape Services, and District 4 is maintained by Master Landscape. Due to Park Service staff reductions, these three proposed contracts will allow the agency to keep the parks 25C-1 Agreements for Park Landscape Maintenance May 18, 2009 Page 2 looking green and clean. In addition to the 21 park locations that will be maintained by the contracts, the Civic Center, the Santa Ana Stadium and the Corporate Yard landscape will also be maintained (See Attachment A) The current contract with Merchant's Landscape for maintenance of District 2 is due to expire on June 30, 2009, and the parks covered by this agreement were included in this request for proposal (RFP) process. An RFP for providing park landscape maintenance services was issued and mailed to 13 landscape maintenance contractors. A pre-proposal conference was conducted, and seven vendors submitted proposals for consideration. Merchants Landscape, DMS Landscape Services, Midori Gardens, Mariposa Landscapes, Marina Landscape, Master Landscape, and Vista Del Verde Landscape each submitted proposals for review. Proposals from Vista Del Verde Landscape and Master Landscape were considered nonresponsive. A five member evaluation committee consisting of representatives from the Parks, Recreation and Community Services Agency, Public works Agency and the County of Orange rated the five proposals. Each proposal was evaluated based on the vendor's capability and experience, past performances, and cost of the proposal. The evaluation results and annual award for each district are as follows: Score District Awarded Annual Cost Merchants Landscape 444 2 $787,045 DMS Landscape Services 438 1 $274,176 Mariposa Landscape 405 3 $445,364 Marina Landscape 367 No Award - Midori Gardens 290 No Award - The proposals received from Merchants Landscape, DMS Landscape, and Mariposa Landscape were most responsive to the specification and meet the City's requirements. Merchants Landscape submitted the highest rated proposal and was awarded District 2, the largest District. Although DMS Landscape rated second in the evaluation process, they only submitted for District 1, the smallest district. Mariposa was ranked third and was awarded District 3, the second largest district. The City proposes to enter into a one-year agreement with Merchants Landscape, with four one-year renewal options, for the maintenance of District 2. The annual base contract cost is $682,770. An additional $104,275 is included for unanticipated work, resulting in a total annual contract amount of $787,045. In addition, the City proposes to enter into a one-year agreement with DMS Landscape Services, with four one-year renewal options, for the maintenance of District 1. The annual base contract cost is $261,120. 25C-2 Agreements for Park Landscape Maintenance May 18, 2009 Page 3 An additional $13,056 is included for unanticipated work, resulting in a total annual contract amount of $274,176. Lastly, the City proposes to enter into a one-year agreement with Mariposa Landscapes, with four one-year renewal options, for the maintenance of District 3. The annual base contract cost is $424,156. An additional $21,208 is included for unanticipated work, resulting in a total annual contract amount of $445,364. An alternative to contracting maintenance for these 14 new park sites would be to budget an additional $779,000 to the Parks Services maintenance account in order to pay for the park maintenance staff and supplies needed to maintain these additional properties. FISCAL IMPACT Funds are available in the FY 2009-10 Park Services, Other Contractual Services account(no. 11-250-6291). ~'i~'l!J Gerardo Mouet, Executive Dire for Parks, Rec. and Com. Svcs. APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Mgt. Svcs. Agency ~~ 25C-3 Attachment A Park Landscape RFP Maintenance Areas Districts 1-3 ~ ;District 1 Acreage 1 Cesar Chavez/Campesino 7.5 2 Riverview Park 8.7 3 Rosita Park 8.8 4 Edna Park 2.5 5 EI Salvador Park 11 Subtotal District 1 38.5 1 District 2 --- - Angels Park --- --- -- ~ 1.6 ~ ~ 3 4 ~ II S - 6 7 [3irch Park Cabrillo Parl< _ _ Cabrillo Tennis Center ~ ---- I Fisher Park - ; Maybury Park Morrison Park g 3.5 - 2 1 6 5 ~ 8 Portola Park 9 9 Santiago Park 26 10 Santa Ana Stadium 7 ( 11 , Civic Center 32 Subtotal District 2 102.1 District 3 1 Bomo Koral 10,2 2 Delhi Park 10 3 Lillie King Park 11 4 Madison Park 6 5 Sandpointe Park 7 6 Heritage Park 6.5 7 Santa Anita Park 5 8 City Yard 4 Subtotal District 3 59.7 Total 200.3 25C-4 LANDSCAPE AND MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 18`x' day of May, 2009 by DMS Facility Services, a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of high- level park landscape maintenance comparable with standard industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance ofthis Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Contractor shall perform landscape maintenance services for Santa Ana Parks, District 1, as set forth in City's Request for Proposal 09-006, dated February 27, 2009, incorporated by reference to this Agreement, the Specification for Routine Maintenance, attached hereto as Exhibit A, and Contractor's Proposal dated April 6, 2009, attached hereto as Exhibit B. Said maintenance includes the basebalVsoftball diamond maintenance, which Contractor has subcontracted to Professional Sport Field Maintenance to maintain baseball fields during the season. DMS will maintain baseball fields during the off-season. 2. CITY INSPECTION The Executive Director of the Santa Ana Parks, Recreation and Community Services Agency, or his designee, shall regularly inspect the parks, playgrounds, fields and other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the agreed manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated costs of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per Park not meeting the Specifications during any such inspection. 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not 25C-5 exceed $261,120.00, plus a five percent (5%) contingency for a total amount not to exceed $274,176.00 annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed during the prior month, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on July 1, 2009 and terminate on June 30, 2010 unless ter-ninated earlier in accordance with Section 13, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. The term may be extended up to four additional one-year terms at the sole discretion ofthe City. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of 25C-6 the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services provided by Contractor under this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less 25C-7 than --easonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk ofthe City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: and Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: DMS Facility Services 2320 South Pullman Street Santa Ana, California 92705 Telefacsimile (949) 260-1737 25C-8 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, 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, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail, followed by the provisions of Exhibit A. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 13. TERMINATION AND DAMAGES This Agreement may be terminated by either party upon ninety (90) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. b. Material Breach: If the Director determines the Contractor has failed in the performance of its duties and/or schedule as provided, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity including but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or another contractor at Contractor's 25C-9 expense, as determined by the Director. Contractor shall be responsible for all costs resulting from breach, including incidental and consequential damages. In the event of a material breach, which remains uncured after five (5) days notice to Contractor, City may terminate this Agreement upon thirty (30) days written notice of termination. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE 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. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 176. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA PATRIC[A E. HEALY DAVID N. REAM 25C-10 Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney sy: Laura Sheedy Assistant City Attorney City Manager DMS FACILITY SERVICES FRED GONZALES Vice President Tax ID# F.XATRTT A SPECIFICATION FOR ROUTINE MAINTENANCE (. GENERAL CONDITIONS A. FUNCTIONS AND RESPONSIBIL 1. City -Director's Authority The Director is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director. In the event that the Contractor effects any such changes at the direction of any person other than the Director, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, not involving extra cost. When the performance of the work or completion per schedule is determined to be sub- standard, he may (1) recommend that all or a portion of payment be withheld, and/or (2) direct the work be accomplished by either City forces or separate contractor, in order to complete the necessary work as close to schedule as possible, and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director, or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. 2. Contractor 25C-11 a) Local Office The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. b) Submittals Prior to performing, Contractor shall submit to the Director for approval: 1) a detailed annual, monthly and weekly work schedule; 2) time sheets of employees assigned to the contract areas; 3) names and titles of all persons working on the project and their qualifications; 4) and equipment, materials and/or chemicals to be used on the project. The information contained in the above referenced documents shall be updated with any new information as available. The Director shall be immediately notified of any changes to the above information. c) Uniforms and Vehicle Identification The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, vests and ANSI approved safety shoes. All uniforms will be marked with some form of company logo or other form of identification. All vehicles and equipment on the project site shall be in operable and working condition, clean appearance without visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name clearly identified on the right and left side doors. B. SAFETY REQUIREMENTS All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. In the event unsafe work is observed by City staff or otherwise reported, the Director may at his discretion order Contractor to stop performing and pay all costs and or damages resulting from the delay. C. SAFETY NOTIFICATION If Contractor identifies a potential safety issue, Contractor shall: 1. Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 2. Notify the Director of the condition first by phone and then in writing (e-mail is acceptable) including digital photographs of the potential safety concern if possible. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. 8 25C-12 D. UNDERGROUND ALERT SYSTEM Underground Alert Systems (telephone number I -800-422-4133) must be notified 48-hours in advance prior to any excavation work. . E. PROPERTY DAMAGE Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. F. ACCESS TO PRIVATE PROPERTY Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and/or consent required from City and/or property owner. G. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre- approved for removal. TRAFFIC CONTROL The Contractor will not interrupt traffic flow on City streets. In situations where it is necessary to restrict traffic flow, the Contractor will contact the appropriate City department and obtain all necessary permits and/or consent from the responsible public agency. H. MONTHLY REPORTS Prior to the first day of each month the Contractor shall submit the following reports: 1) employees daily work schedule by location and crew/task(s); 2) pesticide use report that was forwarded to the Agricultural Commissioner's Office; 3) irrigation report; and, 4) "green waste" recycling report. I. WATER COST City will pay for water used by Contractor pursuant to this agreement up to a specified amount detailed in a monthly Estimated Applied Water (EA W) report (see Attachment 6). Should the amount of water applied exceed the monthly EAW then the Contractor shall pay the cost of the excess water. II. GROUNDS/LANDSCAPE MAINTENANCE SPECIFICATIONS 9 25C-13 A. DEFINITIONS 1. "Director" shall mean the Executive Director of Parks, Recreation and Community Services or designated representative. 2. "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 3. "Weed" shall mean any undesirable or misplaced plant. B. SCOPE OF WORK It is the intent of this agreement to continually improve the quality of the facilities. The Contractor shall provide all labor, training, materials, tools, equipment, transportation, hauling, dumping, fertilizers, pesticides, chemicals and other items needed to perform high quality grounds/landscape maintenance pursuant to the terms defined herein. The Contractor shall provide all grounds/landscape maintenance at work sites listed herein, including, but not limited to pruning/trimming, shaping and training of trees, shrubs, and ground cover plants, removing and controlling weeds, controlling plant diseases and pests; mowing turf, edging turf and ground cover; irrigating plant material; maintaining and repairing irrigation systems; removing trash and debris; ball diamond maintenance; picnic area maintenance; tot-lot maintenance; and, other services required to maintain the work sites in a safe, attractive and useable condition. The Contractor shall maintain all plant material in a healthy and beautiful condition using the best industry/ horticultural accepted standards for growth, color, and appearance as determined by the Director. Scheduling of Work -Contract Start-up The Contractor shall, within three (3) months after commencement of services, bring all sites subject to this Agreement to the level set forth in the specifications as follows: a) Turf -Aerate and fertilize all turf using Nitra King 19-4-4 at one (1) pound of actual nitrogen at one pound per 1,000 square feet. All weeds shall be treated using selective post emergent herbicides until weeds are eradicated. Dallas Grass shall be eradicated using broad spectrum post emergent herbicide. b) Shrubs -Fertilize using Nitrl King 19-4-4 at one (1) pound of actual nitrogen at one pound per 1,000 square feet. Diagnose and treat all diseased or unhealthy plants. Prune shrubs. Provide report of diagnosed/treated plants. c) Groundcover -Plant new groundcover every 12" triangular spaced to fill in bare areas. Fertilize using Nitra King 19-4-4 at one (1) pound of actual nitrogen at one pound per 1,000 square feet. d) Trees -Prune all trees to specification. Establish tree rings. e) Irrigation -Perform start-up irrigation system check and repair all heads, swing joints and lateral lines, raising and adjusting heads/nozzles as necessary. ~o 25C-14 Provide proposals to perform extra work for valve, main line, field wire, backflow prevention devices, etc. repairs. f) Mulch -Install Aguinaga Black Forest mulch size 0" to 1-1/2" or approved equal ''/z" thick in all planters, designated tree rings and other designated areas. g) Pavement Cleaning -Perform hardscape pressure washing per Section B.2.9.c of routine maintenance specification. h) Contractor understands that it is assuming maintenance responsibility of the parks/locations "as is" and is responsible for improving all aspects of the parks, irrigation system, hardscape, turf, ground cover, plants and all other areas to the quality described in these specifications, at no additional cost to the City, during the 90 day start-up period. i) Rebuild pitcher's mounds and batters boxes using Hilltopper by Stabilizer Solutions for ball diamonds with sport turf infields. Use Ballyard by Stabilizer Solutions on ball diamonds with skinned infields (with no turf). Batters boxers shall be 3" thick. Pitchers mounds shall be a 3" thick cap of material over a compacted the standard infield mix. Scheduling of Work -Routine Maintenance a) The Contractor shall provide landscape maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified only with the Director's consent. Landscape maintenance that generates excess noise cannot begin before 8:00 a.m. b) The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. Schedules listing the name and size of specific crews performing daily, weekly, monthly, annual and periodic maintenance shall submitted to the Director each month. A copy of these schedules shall be provided to the Director prior the performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification. Each person/crew will be identified and list the number of employees by job classification. Once the initial schedule of "routine work" is completed the Contractor shall notify the Director in writing before any changes are made. c) The Contractor shall establish a schedule of renovations, pruning/trimming and other infrequent operations. A copy of this schedule shall be provided to the Director prior to performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. Once the initial schedule is completed the Contractor shall notify the Director in writing before any changes are made. Work Force 25C-15 a) Contractor's supewisory personnel (Supervisors) shall have a combination of five years experience or education in Ornamental Horticulture, Landscape Architecture, Irrigation Technology or related science. Supervisors shall also possess landscape/grounds management skills required to implement modern methods and newly developed horticultural and arboriculture procedures and/or practices. Supervisors shall accompany the Director on weekly inspection tours of the contract sites. During the tour the Supervisor shall indicate the work completed the previous week, any changes that were made or are being contemplated and the work scheduled for the upcoming week and month. b) The Contractor shall provide a Certified Irrigation Specialist in each district who possesses, at minimum, a Certificate in "Ornamental Horticulture Certificate of Proficiency Specialization in Landscape Irrigation" or holds a current California Landscape Contractors Association "Certified Landscape Technician" certificate to manage each sites irrigation systems controller programming, performance and maintenance including, but not limited to, performing all irrigation checks/report writing and to perform repairs and/or, modifications to the irrigation system. You proposal will be evaluated on the qualifications of this individual and the amount of FTE's you assign to each district. c) The Contractor shall insure that all staff has a minimum of two years of landscape maintenance experience or education. d) The Director may request that the Contractor perform additional work or services to meet the performance standards required by this Agreement. e) Director may require Contractor to remove any employee from work sites at his or her discretion. 4. Materials a) The Contractor shall submit to the Director a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturers data that may be pertinent. The list must be submitted before any materials/chemicals are used pursuant to this Agreement. b) The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: (1) All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep lawns, trees, shrubs and other plants in a healthy and vigorous growing condition. (2) Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed 12 25C-16 analysis, and brought to the job site in the manufacturer's original container. (3) Tree stakes, tree ties and guy wires shall be of materials matching those existing at the work site or as specified by the Director. 5. Recycling All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SANG) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed compositors/green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. C. ROUTINE MAINTENANCE Routine maintenance shall include but not be limited to the following services performed at the Work Sites listed in Exhibit E. Tnrf ("arr~ Turf care shall be differentiated by the two types of turf - "Casual Turf' and "Sport/Priority Turf (see site maps in Attachment 2 that identify the areas for each type of turf). Note that the ball diamond infield sub-contractor shall perform all maintenance of turf inside the infield arc line. This includes the infield turf and the foul territory turf. a) Mowing All "casual" turf (non-sport/priority turf) shall be mowed: 1) weekly May 1 through October 31 and, 2) every other week November l through April 30. The Contractor shall use a tractor powered reverse flail mower for the larger open turf areas, a 52" mower and a small walk behind mower for areas between trees and other park amenities. The Director shall determine height of cut. String trimmers are not allowed for mowing turf. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. (l) All "sport/priority" turf as described in Attachment No. 2 shall be mowed once a week all year. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. The Contractor shall mow the sport/priority turf areas at 3/4" to 1" using a power driven fairway reel mower and a walk behind reel mower along skinned infield brickdust areas, turf infields, turf infield foul areas, soccer/football fields, soccer/football out of bound areas. The Director's Representative shall direct the Contractor to mow the sport/priority turf lower than 3/4" to 1" if necessary. Note that the ball diamond infield maintenance sub- 13 25C-17 contractor shall be responsible for mowing turf infields and other designated ball diamond turf areas. (see Attachment l). (2) The Contractor shall maintain mowers that provide a smooth, even cut without ridges or depressions and without tearing of the leaf blades (caused by unsharpened mower blades). Mowing shall be performed at the speed the mowers manufacturer specifies to maximize quality of cut. Mowing shall be performed with straight and flowing patterns approved by the Director's Representative. The emphasis will be on quality mowing vs. speed and unprofessional patterns. From time to time the Director will direct the Contractor to change mowing pattern to minimize rutting and compaction. The Contractor shall mow grasses and broadleaf plants once per month in the Santiago Park Day Camp (Nature Reserve) meadow area. b) Ed~in~ and Detailing All edging shall be performed with the use of a McClain's edger or approved substitute. Stick edgers are not allowed. Contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas. Edging/detailing shall be performed at the same time mowing occurs. Chemical detailing of turf may occur with the Director's approval. If chemical detailing is performed, the Contractor shall use the string trimmer to remove the treated turf within one (1) week after symptoms of phytotoxicity become recognizable. (1) The Contractor shall use the McClain's edger to edge straight lines along fences, walls, or long flowing arcs. The Director's Representative may require the Contractor to use string lines to edge straight lines if the Contractor's staff fails to achieve this quality without this method. (2) The Contractor shall detail around trees, along walls/fences and other park amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform the Director shall direct the Contractor to repeat the detail process. (3) The Contractor shall detail turf not greater than 10" away from walls or fences. Detail lines shall be made straight and shall be maintained straight. The Contractor shall, at his own cost, supply top soil and an approved turf seed to reduce any existing bare soil areas along walls/fences that are greater than 10". c) Soil Testing Amending/Top Dressing Contractor shall test the priority turf soil once per year in January by a soil- testing laboratory approved by the Director. One soil sample shall be taken at each ball diamond or soccer/football field and one every 5 acres of additional i~ 25C-18 turf area. The Contractor shall take the samples to a soil and plant lab approved of by the Director. The test will be comprehensive and provide a written report on the condition of the soil as well as recommendations of how to improve the soil, soil fertility, and overall health of the turf. After review of the soil reports, the Contractor shall within 60 days, and at no extra cost to the City, perform the work recommended by the soil and plant lab to improve soil health and fertility. Contractor shall mix all soil amendments, at the rates recommended by the soil- testing laboratory, with the Aguinaga "Santa Ana Top Dressing Mix" and apply the amendments and top dress mix. The Director shall verify and approve all soil amendment type, manufacturer, quantities prior to being applied. The cap for amendments and materials shall be $50,000 per year per district, excluding labor and equipment. This cap applies to any turf, causal or priority that the City asks to be amended. d) Fertilization (1) Casual Turf -Contractor shall apply fertilizer four (4) times per year at a rate specified in the City's Agronomic Plan (see Attachment 3) with Nitra King 19-4-4 during fall-winter and Lesco 39-0-0 during spring- summer months. (2) Sport Turf/Priority -Contractor shall apply fertilizer seven (7) times per year per the City's Agronomic Plan" (see Attachment 3) using a complete or approved fertilizer. The rate of application shall be at a rate specified in the City's Agronomic Plan. The Director may request proof of fertilizer application in the form of empty fertilizer bags. e) Irrigation-all turf (1) Contractor shall ensure irrigation schedules are constantly monitored to provide adequate moisture in the soil for healthy turf, and avoid excess wet conditions. (2) Contractor shall not schedule irrigation of sports fields at least 24 hours prior to the mowing process. During cooler periods of the year avoid irrigating 48 hours prior to the mow procedures to ensure a quality cut of the turf. (3) Under normal conditions the contractor shall not schedule irrigation on Friday and Saturday nights to avoid wet conditions during weekend usage. Prior approval will be required to irrigate during weekends to coordinate with reservations. (4) Turf areas shall be watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall turf areas show a lack of green color or a loss of resilience due to lack of water. If Contractor estimates additional water above and beyond the monthly Estimated Applied Water (EAW) may be needed, he/she shall request approval from the Park Service's Utility Coordinator prior to exceeding 1~ 25C-19 the monthly irrigation budget as detailed in the Monthly Water Conservation Report Estimated Applied Water (EAW) requirements (see Attachment 6). Failure to get approval from the Park Service's Utility Coordinator prior to exceeding the monthly irrigation budget will result in the Contractor to pay for the excess water. (5) When an irrigation system does not adequately provide water to the turf area in which it is installed, due to any reason including but not limited to controller failure, valve failure, broken heads, poor system design, etc., the Contractor shall provide supplemental irrigation at no extra cost to the City. The Contractor may use any reasonable means necessary to uniformly irrigate turf areas. (6) Should the Contractor not respond to signs of turf stress immediately, the Director, in his sole discretion, may dispatch his own staff to remedy the stress and deduct the cost form the monthly invoice submitted by Contractor. (7) Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed not to exceed the EAW. In the event that Contractors water consumption exceeds the EAW City may deduct said overages from the Contractor's monthly invoice. (8) Contractor shall ensure that all staff working on irrigation possess one of the following certifications: a. California Landscape Contractor's Certified Landscape Technician Program b. Fullerton College Certificate of Proficiency in Landscape Irrigation c. UC Riverside Certificate in Landscape Irrigation fl Weed Control-all turf The Contractor shall keep all turf, casual and sport/priority turf, free of all turf type weeds, especially Dallis Grass, Goose Grass, Poa Annua, Neddle Grass and broadleaf weeds at all times. The Contractor shall, along with the monthly Pesticide Use report, submit a written schedule for weed abatement in turf specifying the method, day and location where weed abatement will be performed. The Director's Representative will review and approve written schedule taking into consideration the park's use. (1) Contractor shall apply approved pre-emergent herbicides to all turf areas in order to control the germination of noxious weeds i.e. Dallis Grass, Goose Grass, Crab Grass, Nutsedge, Plantain, Oxalis, etc. (2) Should turf type or broadleaf weeds germinate, the Contractor shall control the weeds immediately upon recognition by way of selective and/or broad-spectrum post emergent herbicides approved by the Director. 16 25C-20 g) Replanting-all turf (]) Should turf begin to stress for any reason, Contractor shall begin applying supplemental water and shall overseed these turf areas using La Prim XD (spring/summer) or Stover Seed Grand Slam perennial rye (fall/winter) seed at the manufacturer's recommended rate and process. (2) Should turf die back to the point where soil is visible, Contractor shall sod these turf areas using Greg Norman 1 hybrid Bermuda. (3) The Contractor understands and accepts that at the beginning of the agreement there may be existing turf areas that are thin or bare. The Contractor, by entering into the agreement, shall routinely and at no extra cost to the City, repair thin or bare turf areas by overseeding or sodding with approved seed or sod until a thick healthy stand of turf is established. (4) Contractor also understands and accepts that Santa Ana is a very heavily used park system, including increased foot traffic, athletic play, and other uses. h) Aeration The Contractor shall aerate all turf areas, casual and sport/priority turf four (4) times per year in March, June, September, and December. An aerator that will remove soil plugs and deposit the cores on the surface of the turf shall perform aeration. Cores shall be pulled to a depth of 6". i) Sport/Priority Turf Renovation (1) Once (1) per year during the spring/summer or the fall/winter (as determined by the Director) the Contractor shall renovate sport/priority turf using: (a) spring/summer - LaPrima XD seed at six (6) pounds per 1,000 square feet in bare areas and four (4) pounds per 1,000 square feet where turf exists; (b) fall/winter -Stover Seed Company Grand Slam see at eight (8) pounds per 1,000 square feet This shall be accomplished by mowing the existing turf down to '/4" followed by verticutting (straight blades) to remove thatch. Prior to seeding the contractor shall have the irrigation system functioning properly and have a plan to provide supplemental irrigation as necessary to germinate the seed to 100%. The field shall be top dressed prior to seeding to provide a 100% flat playing surface. (2) Once per month after the initial seeding process is completed the Contractor shall overseed with at a rate of one (1) pound per 1,000 square feet by mowing the existing turf down to 3/4" followed by verticutting (straight blades) to remove thatch. 25C-21 (3) The Contractor shall guarantee uniform germination/100% coverage free of non-germinated areas within three (3) months from the time the first application of seed or will sod any thin or bare areas with Pacific Sod Greg Norman 1 Hybrid Bermuda sod or Pacific Sod Greg Norman 1 Hybrid Bermuda Sod that has been "cropped over" with perennial rye grass. Director shall determine sod based on availability/season. 2. Ground Cover Care a) Edging and Detailing (1) Ground cover beds shall be maintained within their intended bounds and edged and/or detailed the first week of every month to keep the beds looking manicured at all times. (2) Ground cover shall not encroach into lawns, shrubs, adjacent desirable bare areas, curbs, wall fixtures, furniture, beneath and/or into other plants, etc. All sites shall be cleaned following each edging/detailing, including streets. b) Mulching of Bare Areas In all groundcover areas where bare soil is visible or where the groundcover is thin so the soil is visible, the Contractor shall apply Aguinaga Black Forest Floor Mulch or approved equal, size 0" to l ''/z", ''/z" thick minimum every other month starting in January during the third week as necessary to maintain uniform and complete coverage. Mulch is to be maintained within its boundaries. c) Fertilization The Contractor shall fertilize all groundcover areas four (4) times per year in March, June, September, and December at two (2) pounds of actual nitrogen per 1,000 square feet using a slow release fertilizer using JTM Nutrients Complete 8-2-4 soil conditioner plus NPK slow release fertilizer at a rate of eight (8) pounds of actual nitrogen per 1,000 per square feet. d) Re lanting -Premium Plant Material The Contractor shall plant each year, in any area determined by the Director, 2" plugs of premium plant species at appropriate spacing so as to achieve complete coverage once the plant is 2/3rds mature. The Contractor shall be responsible for the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. See Attachment 7 for plant cap. ix 25C-22 e) Replanting -Standard Plant Material The Contractor shall plant each year, in any area determined by the Director, 64 count flats of standard plant species at a appropriate spacing so as to achieve complete coverage once the plant is 2/3rds mature. The Contractor shall also be responsible for the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. See Attachment 7 for plant cap. Shrnh (~arP a) Pruning/trimming All shrubs growing in the work areas shall be pruned such that the plants remain in a healthy growing condition. Plant growth shall be maintained to prevent overgrowth into passageways, walks, streets, view of signs or in any manner deemed objectionable by the Director. Dead or damaged limbs shall be removed so that no projections or stubs remain. Pruning/trimming shall be done by hand shears or Toppers in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. "Box hedging" may be required on some shrubs, as set designated by the Director. Shear hedging or severe pruning/trimming of plants, unless authorized by the Director, is not permitted. Topping of plants whose natural growth stems from the base of the plant is not permitted. Should the Contractor top, shear hedge or severely prune plants and disfigure or damage the plants, the Contractor shall be responsible for replacing those plants with like kind and size as and subject to approval by the Director. The Contractor may be requested from time to time to raise the bottom of the shrubs for security reasons. b) Replanting The Contractor shall plant each year, in any area determined by the Director, 1 gallon standard shrubs at an appropriate spacing so as to achieve complete coverage once the plant is 2/3rds mature. The Contractor shall also be responsible for the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. See Attachment 7 for plant cap. c) Mulching of Bare Areas 19 25C-23 In all shrub areas where bare soil is visible or where the shrub is thin so the soil is visible, the Contractor shall apply Aguinaga Black Forest Floor Mulch or approved equal size 0" to 1 '/~", ''/z" thick minimum every other month starting in January during the third week as necessary to maintain uniform and complete coverage. Mulch is to be maintained within its boundaries. d) Fertilization The Contractor shall fertilize all shrub areas four (4) times per year in March, June, September, and December using JTM Nutrients Complete 8-2-4 soil conditioner plus NPK slow release fertilizer at a rate of eight (8) pounds of actual nitrogen per 1,000 square feet. 4. Tree Care a) HeiQht/Quality of Pruning In July and August of each year the Contractor shall routinely Class 1 prune atl trees up to a height of fifteen (15) feet. All trees within the scope of work shall be maintained to keep the natural integrity and shapes of the trees. Pruning shall be accomplished in a manner that will ensure that each individual tree is Class I pruned as set forth in the City of Santa Ana Tree Pruning/trimming and Stump Removal Specifications (see Attachment 9). In addition, the Director may require the Contractor to remove or prevent encroachment of trees into the public right of way where the tree blocks vision or is considered undesirable. Low branches overhanging sidewalks shall be trimmed to a height of nine (9) feet above finish grade. Young trees needing pruning/trimming, training, and shaping to develop caliper and a strong structural framework may have low branching laterals and or appropriate sucker growth. b) Stakin , Tying and Gu~g All trees requiring staking shall be securely staked at all times with stakes and rubber cinch ties approved by the Director. Rubber hoses and wire are not permitted ties. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the Director. Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree. c) Mulching of Bare Areas In designated tree ring areas where bare soil is visible the Contractor shall apply Aguinaga Black Forest Floor Mulch or approved equal size 0" to 1 ''/z", ''/z" thick minimum every other month starting in January during the third week as necessary to maintain uniform and complete coverage. Mulch is to be maintained within its boundaries. 20 25C-24 d) Fertilization (1) Cycad and Palms shall be fertilized two (2) times per year in March and September with Nutricote 13-5-11 total 3-stage controlled release palm fertilizer at the manufacturer's recommended rate. e) Hazardous Tree Reporting In the event the Contractor detects any tree displaying roots heaving or girdling (either by roots or a foreign material), leaning, broken or hanging limbs, or if Contractor determines that potential safety hazard may exist Contractor shall notify the Director by phone within twenty-four (24) hours. f) Loss of Trees The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's failure to perform under this agreement. Failure to perform includes but is not limited to, girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning/trimming techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations. All trees that exhibit the signs of disease or any other signs of distress shall be inspected by a Certified Arborist approved by the Director. Should the Certified Arborist determine that the tree had a terminal disease that the Contractor could not have treated or prevented, the Contractor shall not be responsible to replace the tree. However, should the Certified Arborist determine that the tree's unhealthy condition or death could have been prevented had the Contractor treated the tree then Contractor shall be responsible for the cost of treatment to restore the tree to a healthy condition or replace the tree. The latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. By entering into agreement with the City the Contractor acknowledges that they accept the condition of each tree and should a tree go into decline or expire the Contractor agrees to replace the tree with like species and size or agree that the City shall withhold payment equal to the value of the tree. Perennial/Annual Color All perennial/annual color beds shall be maintained and planted/rotated four (4) times per year as detailed in Attachment 5. Annual color is part of the base bid and not part of the plant cap. For every rotation 150 flats are planted in annual planting areas. Vine Planting, Establishment and Maintenance 21 25C-25 a) Planting Contractor shall continuously plant throughout the year at its own expense 1 gallon Parthenocissus tricuspidata (Boston Ivy) vines at 15' on center along property walls, building walls, and any other park owned walls until the vines mature and cover the walls. Note that the Contractor shall irrigate the vines and fertilize as necessary to promote healthy and vigorous growth. The Contractor will immediately replace any vine at the Contractor's expense that is lost for any reason including but not limited to lack of water, vandalism, accidental post emergent spraying, etc. See Attachment 7 for plant cap. b) Contractor shall trim the vine once it reaches the top of the wall or at a specific height on the wall, as determined by the Director. The Contractor shall keep vines off telephone poles or other non wall surfaces at all times 7. Weeds, Disease and Pest Control a) Weed Control All hardscape areas shall be kept free of weeds at all times. Weeds shall be removed by hand and/or approved mechanical or chemical methods. Director may dispatch City staff to remove weeds that reach two (2) inches or greater and are not removed immediately. In such instance, the cost will be deducted from the Contractor's monthly invoice. b) Disease and Pest Control (1) The Contractor shall inspect on a daily continuous basis all landscaped areas (turf, trees, shrubs, ground cover, and annual color) for presence of disease, insect, rodent infestation or any other pests. If any pests, such as but not limited to, disease, insect, algae, birds, animals, such as rabbits, squirrels, or rodent infestation (rodents including rats, gophers, moles, voles, etc.) is discovered, it shall immediately be controlled by the Contractor at his/her expense using the safest and most expedient method. (2) The Contractor is responsible for inspecting all plant material on a continuous basis and, as necessary, treating plant material to maintain optimum health of the plants. If any plant material (turf, groundcover, shrubs, trees) dies without the Contractor diagnosing the plant and implementing efforts to restore the plant to a healthy and attractive appearance, the City will assume the Contractor caused the plant death. Contractor will be required to replace the plant with like species and size at no extra cost to the City. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. In the case where turf is lost due to pest damage, the Contractors shall replace the area of turf lost with Pacific Sod Greg Norman 1 Hybrid Bermuda (during spring/summer) and 22 25C-26 Pacific Sod Greg Norman 1 Hybrid Bermuda that has been cropped over with Perennial Rye grass (during fall/winter). 8. Irrigation System Maintenance a) General Responsibilities (1) Contractor's Certified Irrigation Specialist shall use automatic or mechanical irrigation systems to irrigate all landscape areas detailed in this Agreement. In the event the existing irrigation system fails to provide full and proper coverage, the Contractor shall provide alternate irrigation with full and proper coverage to all areas in the work site at no extra cost to the City. (2) Newly planted trees, shrubs, ground cover and turf shall receive adequate water to promote normal healthy growth. Proper berms or basins shall be maintained during plant establishment period. b) Operation of Automatic Irrigation Controllers Where the operation of automatic irrigation controllers is required, the Contractor shall: (1) Not duplicate any coded City key furnished by the Parks, Recreation & Community Services Agency for access and operation of the controller. (2) Surrender all keys furnished by the Parks, Recreation & Community Services Agency at the end of the contract period or at any time deemed necessary by the Director to prevent serious loss to the City of Santa Ana. (3) Protect the security of City property by keeping controller cabinet and building doors locked at all times. (4) Refrain from using locked premises for storage of materials, supplies or tools, except as approved by the Director. (5) Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m. c) Water Conservation (1) The Contractors Certified Irrigation Specialist shall meet once a month with the Utility Coordinator to review the City's Monthly Water Conservation Report (see Attachment 6) to discuss water conservation strategies. These discussions may include, but not be limited to, the Contractor turning off irrigation systems during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of the EAW. z; 25C-27 (2) When the Utility Coordinator determines that plant material (turf, groundcover, shrubs, and trees) must be irrigated, all controllers shall be activated within twenty-four (24) hours. In the event the controllers are not activated within 24 hours the City may charge Contractor all staff cost incurred by City to activate controllers. d) Inspection and Reporting (1) The Contractor shall physically inspect the operation of all irrigation systems once a month and prepare a written report specifying park name, controller location/name, start times, run times, program name, station number, and repairs needed. The Contractor shall maintain all sprinkler systems using City standard irrigation products and details. All repairs shall be to City specifications and details. Repairs to irrigation heads shall be with matching precipitation nozzles. Contractor shall ensure that excessive over spray/runoff into street right-of--ways or other areas not intended to receive irrigation is controlled. The Contractor shall repair at his own expense any irrigation head and lateral line rendered inoperable or malfunctioning due to attrition vandalism, etc. (2) Contractor shall perform a visual inspection of all irrigated areas once per week. All areas receiving marginal coverage shall receive supplemental irrigation by being irrigated by a portable irrigation method. The contractor shall furnish all portable hoses, nozzles, sprinklers, etc., necessary to accomplish this additional irrigation. Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. e) Repairs The Contractor shall be responsible for repairs to all irrigation heads, swing joints and lateral lines as a part of this agreement. The Director will be responsible for repairs to the irrigation system from the valve to the water meter. 9. Hardscape Maintenance a) All paved areas, including but not limited to paved parking lots, curb gutters, pool decks, stamped or other enriched hard surface areas, shall be thoroughly cleaned once a week between Monday and Friday. Vacuums, blowers, sweepers or other approved equipment may be used to clean hardscape areas. Debris shall not be blown or swept onto adjacent streets or property. All debris must be picked up by the Contractor and removed from the site. Debris and litter that shall be cleaned includes, but is not limited to, leaves, twigs, branches, trash, sand gravel, and worn asphalt. The City shall approve any equipment that is to be used for cleaning hardscape. b) Picnic facilities and park benches, including but not limited to picnic tables, barbecues, benches, concrete pads and shelters shall be continuously maintained in a safe and clean condition. za 25C-28 c) Pavement cleaning -Contractor shall perform pressure washing monthly to remove dirt, stains, gum, tar, etc. from all paved pedestrian surfaces including sport courts, sidewalks, picnic pads, paved areas around buildings, pedestrian crosswalks in streets that are concrete or pavers, etc. d) Site amenity cleaning -Contractor shall perform pressure washing of site amenities, such as but not limited to, picnic tables, park benches, skate park, walls, planters, raised curbing, railing, exterior of buildings, overhead shelters, etc. (1) All picnic amenities (picnic tables, b.b.q.s, picnic shelters, concrete picnic pads, etc.) and park benches shall be cleaned every day Monday through Sunday to assure that all trash, stains, spills, debris, glass, staples, nails, tape, wire, etc. is removed. (2) All picnic concrete paved areas and b.b.q.'s, park bench areas, patio areas, and areas adjacent building entrances shall be cleaned once a month using high pressure cleaning equipment. (3) All barbecues shall have ashes, charcoal or any other materials removed once a week. Following cleaning the Contractor shall paint the exterior of the b.b.q.'s and the post with heat and rust resistant flat black paint. e) All parks with flagpoles shall have an American flag displayed at all times. The Contractor shall visually inspect the flag every day to assure it is in good condition. Should, in the opinion of the Director, the flag not be in good condition (faded, discolored, torn and/or having holes) Contractor shall immediately request from the Director a new flag. Contractor shall raise the new flag immediately upon receipt from the Director. f) Drinking fountains shall be clean, sanitized and unplugged every day Monday through Sunday. The Contractor shall use approved germicidal cleaner and products to assure that drinking fountains are clean and polished. The Contractor shall remove any mineral build up, algae, stains, etc. so the drinking fountain is 100% clean and polished. The Contractor shall achieve this level of quality using a combination of cleansers, metal polish product, hand and/or power tools. Should the drinking fountain be so plugged that dismantling the fountain is required the Contractor shall notify the Director immediately so City staff can make the repair. 10: Playground/Tot-Lot Areas a) The Contractor shall provide maintenance of all playground/tot-lot sand and rubberized areas once a week. Maintenance shall include, but not limited to, loosening of compacted areas, re-grading sand areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sand to assure that debris and any other foreign objects are removed, removal of weeds, removing sand on sidewalks surrounding the playground/tot-lot, eliminating berms 25 25C-29 (including pre-existing) in the turf surrounding the playground/tot-lots (high pressure water blasting or sod cutting, leveling and re-sodding are approved methods), and trash and other undesirable material. Rubberized fall areas shall be cleaned of sand and debris daily. Any sand that accumulates on the rubberized surface shall be reused. Sand and debris on the playground equipment shall be removed. b) The City shall be responsible for all playground equipment and tot-lot area safety inspections. 11. Ball Diamond Maintenance The Contractor shall retain asub-contractor to provide ball diamond infield maintenance as set forth in Attachment 1. IT IS THE INTENT OF THIS AGREEMENT THAT THESE FACILITIES BE MAINTAINED SO THAT PLAYER SAFETY AND THE QUALITY OF PLAY ARE CONTINUOUSLY ENHANCED. a) Baseball Perimeter Maintenance Ball diamond perimeter maintenance shall be performed daily. Ball diamond perimeter maintenance shall be defined as all areas outside the field of play and sideline/dugout areas where coaches, players and others associated with the game gather. Ball diamond perimeter maintenance areas shall include but is not limited to grandstands, areas around concession stands, fence lines, warm-up areas, etc. The work that shall be performed on a daily basis shall include picking up trash and debris, blowing off areas/hosing down areas using a high pressure nozzle to remove brick dust, stains and/or any other foreign material, such as sunflower seeds or peanut shells, so that all areas, including pavement and landscape areas, are 100% free and clean. b) Daily Outfield Maintenance (1) Irrigation checks and repairs to assure that irrigation heads are at the proper grade to avoid injury to players who may fall on them and that no "slippery" areas exist. (2) Fill in of divots and depressions and all uneven areas with #20 white silica sand, organic compost mixed with LaPrima XD Bermuda grass seed during the spring/summer and Stover Grand Slam perennial rye grass seed during the fall winter to re-establish the areas. (3) Level fence line areas using a rock or leveling rake. (4) Level and drag warning track areas using nail drag followed by finishing drag mats. Contractor shall apply new brick dust to fence lines and warning tracks as necessary to maintain consistent '/z" layer of brick dust in these areas. 26 25C-30 c) Weekly Maintenance 12. 13 (1) Contractor will then edge crisp straight lines and a track meets the sport turf. d) Annual Maintenance the fence lines and warning track to achieve smooth crisp arc where the brickdust warning (1) Top dress outfield turf using Aguanaga Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing surface. e) Non-recurrin,~ maintenance: During inclement weather the Contractor shall work to reopen baseball fields as soon as possible. The Contractor shall use Diamond Dry or an approved equal to warning tracts and fence lines. In addition, the Contractor shall use hand pumps or any other reasonable method necessary to drain water off the field. Soccer /Football Field Maintenance a) All soccer/football fields shall be inspected every day, Monday through Friday. Contractor shall look for divots, depressions, debris, and other turf marring conditions. If discovered, the Contractor shall fill in divots and depressions with #20 white silica sand mixed with LaPrima XD Bermuda grass seed during the spring/summer and Stovers Grand Slam perennial rye grass seed during the fall winter to re-establish the areas. b) Areas of the field where turf has been worn away due to play shall be raked, dragged and leveled each day to provide alevel-playing surface free of divots, depressions and uneven surfaces. The Contractor shall add approved topsoil to these areas as necessary to keep the areas level and safe. c) Annually, the Contractor shall top dress outfield turf using Aguanaga Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing surface. d) The Dan Young Soccer Complex and Santa Ana Stadium Field Synthetic Turf sport turf maintenance and inspection. The field shall be maintained daily Monday through Friday per the Synthetic Turf Maintenance Specifications (see Attachment 4). Maintenance will include grooming and cleaning the field using grooming equipment provided by the City. The field shall be inspected every day Monday through Friday. Contractor shall remove all debris from the field upon discovery. Sport Court Maintenance a) All sport courts shall be blown off daily. Courts and fence lines shall be completely free of dirt, debris, etc. 27 25C-31 b) All sport Courts shall be washed down every other week to remove dust, gum and stains. The courts shall have water removed immediately following the washing down. c) Contractor shall replace tennis and basketball nets when they become worn. The City shall furnish nets. 14. General Maintenance and Clean-up For All Parks and Contracted Sites a) All trash and debris on the ground or in trash receptacles shall be removed from all worksites each day Monday through Sunday before 12:00 p.m. This includes all landscape areas, paved areas, street curb gutters, flood control channels, etc. b) The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance. c) After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all parks areas within two (2) days at no cost to the City. Debris, such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. d) The Contractor shall keep sidewalks and all other paved areas swept and free of any debris, dirt, glass, weeds, leaves, etc. at all times. e) Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 15. Other Requirements a) Work Not Scheduled The Director may delete a portion of or the entire work site from contractual maintenance during a construction period or any period where the Director determines that work cannot be scheduled. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and agreed upon by the City and the Contractor in writing. 16. Special Maintenance a) Annual City Employee Picnic at Birch Park -Once per year in August or September the City holds their Employee Picnic at this park. On the day of the picnic the Contractor shall provide one (1) Leadworker and two (2) employees to help maintain the park during the course of the event. The event generally starts at 10:00 am and ends at 2:00 pm. Maintenance duties during the event shall include, but not be limited to, trash and litter pick-up, emptying trash receptacles, cleaning up spills, washing down areas, brooming off areas, etc. 28 25C-32 b) Downtown Civic Center Grounds and Landscape -The Downtown Civic Center Authority Area is the home of federal, state, county and city government for Orange County. The classification of maintenance required at this site is considered "high-end commercial." Tn addition to the standard Grounds- Landscape Specification the following special maintenance shall be performed. (1) All pedestrian hardscape areas, including but not limited to, plazas, malls, sidewalks, pedestrian street crossing, vehicular drop-off areas, etc. shall be blown and/or swept clean daily seven (7) days per week. Contractor is not responsible for blowing parking lots, only litter removal. Contractor is not responsible for pressure washing. (2) All site amenities, including but not limited to, signage, benches, hand railing, electrical boxes, public telephones, newspaper machines, trash receptacles, drinking fountains, cigarette urns, light bollards, etc. shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product Monday through Friday. (3) All trash receptacles shall be emptied daily seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. (4) All cigarette urns shall be sifted daily Monday through Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand once per month. (5) All shrubs and groundcover areas shall be highly detailed weekly. At no time shall any dead leaves, flowers or branches exist. The contactor shall remove/prune plant material by hand using hand shears or loppers leaving no stubs. The intent is to prune the plant material without the average lay person noticing the cuts. (6) All trees below l5' shall be pruned monthly using hand shears and loppers. The intent is to prune the plant material without the average lay person noticing the cuts. (7) Replace all 52 state flags in the Plaza of the Flags in January in July of each year. Flags to be provided by City. d) Santa Ana Stadium - The historic Santa Ana Stadium is a premier youth football and soccer venue and is recognized as one of the best amateur athletic sporting facilities in the county. Because of the number of people that visit the Stadium each year the classification of maintenance required at this site is considered "high-end commercial." In addition to the standard Grounds- Landscape Specification the following special maintenance shall be performed. 29 25C-33 (1) All pedestrian hardscape areas, including but not limited to, grandstand bleachers, ramps, tunnels, sidewalks, parking lots, safe dispersal areas, vehicular drop-off areas, etc. shall be blown and/or swept clean daily seven (7) days per week. (2) All site amenities, including but not limited to, signage, player benches, hand railing, goal posts, electrical boxes, public telephones, newspaper machines, trash receptacles, drinking fountains, etc. shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product daily seven (7) days per week (3) All trash receptacles shall be emptied daily seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. (4) All shrubs and groundcover areas shall be highly detailed weekly. At no time shall any dead leaves, flowers or branches exist. The contactor shall remove/prune plant material by hand using hand shears or toppers leaving no stubs. The intent is to prune the plant material without the average lay person noticing the cuts. (5) All trees below 15' shall be pruned monthly using hand shears and toppers. The intent is to prune the plant material without the average lay person noticing the cuts. (6) All grandstand bleachers shall be inspected daily and if necessary wiped clean so they are free of dirt, stains, markings, etc. e) City of Santa Ana Corporation Yard -The Corporate Yard is the city's maintenance operation center. In addition to the standard Grounds-Landscape Specification the following special maintenance shall be performed. (1) All trash receptacles shall be emptied daily five (5) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. (2) All cigarette urns shall be sifted daily Monday through Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand once per month. 17. City Ins ep ctjop ~o 25C-34 a) The Director or his designated representative shall regularly inspect the parks, playgrounds, fields and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated cost of performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park not meeting the specifications during any such inspection. iII. EXTRA WORK it is the City's intent to keep parks and other public recreational sites in a beautiful and exceptionally well maintained condition. it is also the City's intend to continuously improve parks and public recreational sites until they are the best in the county. It is with these intents in mind that the Director may consider authorizing extra work. A. Damage or malfunction to plant material or irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, by any of the following may be considered outside the scope of this Agreement: (I) Acts of God (2) Civil Disorder (3) Vehicle Collision (excluding Contractor and its employees and subs) (4) Excavation or re-surfacing of the street (5) Power failures (6) Underground wiring damage Contractor will not be considered responsible for replacement. Contractor must demonstrate to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. B. Requests for Extra Work -The Director may request that the Contractor submit proposals for extra work in order to improve the grounds-landscape in the contract sites. The Contractor shall submit proposals using the City's Proposal for Extra Work Spreadsheet (see Attachment 8). The Contractor shall complete the spreadsheet in its entirety using his/her proposed extra work pricing (that is a part of this agreement) in order for the proposal to be considered. City reserves the right to requests materials/equipment receipts with invoices. All labor shall be quoted on a "not to exceed" basis and City will only pay for labor actually incurred. 31 25C-35 32 25C-36 ATTACHMENT NO. 1 SUB-CONTRACTOR BALL DIAMOND [N-FIELD MAINTENANCE 1.0 Scope of Work 1.1 State of California Licensed C-27 Contractor specializing in Ball Diamond In-Field Maintenance shall provide in-field brickdust maintenance for nine (9) Baseball/Softball Diamonds per the specifications and conditions listed below: 2.0 Ball Diamond Locations and Quantities/Types of Diamonds at Each Site 2. ] Riverview Park 2.1.1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 2.1.2 One (1) 60' base path Major Little League diamond with sport turf and brickdust infields. 2.1.3 One (1) Minor Little League diamond with sport turf and brickdust infield. 2.1.4 One (1) T-Ball Little League diamond with sport turf and brickdust infield 2.2 Rosita Park One (l) 60' base path Major Little League diamond with skinned brickdust infield. 2.3 El Salvador Park 2.3.1 Two (2) 60' base patch Little League diamond with skinned brick dust infields. 2.3.2 Three (3) base patch T-Ball diamonds with skinned brick dust infields. ] 0 Total diamonds at 3 park sites. 3.0 Schedule of Work to be Completed 3.1 Riverview Park 5 Days per wk, Feb ls` to July l5`n Minimum 1 Day per wk (in-house crews) July 16`h to Jan 31 sc Rosita Park 5 Days per wk, Feb l sr to July 15"' Minimum 1 Day per wk (in-house crews) July 16`" to Jan 3151 El Salvador Park 5 Days per wk, Feb 15Y to July 15`x' Minimum I Day per wk (in-house crews) July 16`" to Jan 315L 33 25C-37 4.0 Field Composition Mix (Brickdust) To Be Used When Maintaining In-fields. 4.1 Field In General 4.1.1 When adding field composition mix (brickdust) to any City of Santa Ana ball field, the specific type of material to be used is: Pro Gold Infield Mix with stabilizer from Gail Materials (951) 279-1095. 4.2 Pitchers Mound/Home Plate/Basepath Areas 4.2.1 When adding a mix with a higher clay composition material to any pitcher's mound/home plate base-path area, where a sport turf infield exists, the specific type of material to be used is: Hill Topper Home Plate and Mound Mix by Stabilizer Solutions. 4.2.2 When adding a mix with a higher clay composition material to any pitcher's mound/home plate/base-path area, where a skinned infield exists, the specific type of material to be used is: Ballyard with Stabilizer by Stabilizer Solutions. 5.0 Equipment The contractor shall provide and have "on hand" at all times during the brickdust maintenance operation the following equipment. 5.1 Utility Vehicle Small tight turn radios (13') vehicle designed especially for this type of work. This vehicle shall have the capability to make circle and figure eight patterns completely within the skinned brickdust infield area and not trespass onto adjacent turf areas. Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable. 5.2 Drabs 5.2.1 Scarifying Drag: Used to scratch up or loosen up the skinned area. The drag shall be made of heavy-duty steel capable of carrying additional weight (`s). Digging teeth shall be hardened and pointed and be ''/z" in diameter. Pull chain shall be included. 5.2.2 Cutting and Leveling Drag: Used to level and backfill low spots in the skinned area. The leveling drag and cutting blades shall be made of galvanized steel. This drag shall feature cutting blades that are adjustable and capable of cutting down dirt build-up (high spots) and depositing dirt into holes (low spots) creating a smooth and level playing surface. Pull chain shall be included. 5.2.3 Grooming or Finish Drag: Used to complete dragging procedure on a daily basis and lighter/gentle movement of brickdust. This drag shall be galvanized metal `'door-mat" link. Pull chain shall be included. Drag shall be 6' in length by 6' in width. 34 25C-38 5.3 Other Equipment 53.1 Hand Tamp: 20 Ib. variety with 48"min. handle. Used to compact worn areas around bases, home plate and pitching mound. 5.3.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help prevent wet clay from sticking. 5.3.3 Grade or Grooming Rake: Used to rake and fine level areas. Shall be made of aluminum, 36" wide and a 6' handle. 5.3.4 Heavy Duty Shovels: Used to move material. Round/Square Point and Scoop shovels. 5.3.5 Heavy Duty Hose: Used to water down skinned area. Shall be 3/4" to 1"top quality construction with 225-psi working pressure. Leaks of any kind are not permitted. Contractor shall have a minimum of 175' of hose on hand at all times. 5.3.6 High Pressure Nozzle: Attached to hose. Use to spray down brickdust and push excess brickdust off turf edges. 5.3.7 Industrial Push Broom: Used to remove excess brickdust from turf edges. Shall be 24" min. wide with heavy-duty dual weight bristles. 5.4 Wet Conditions Equipment" (Add to equipment above) During periods of inclement weather or when the areas are wet the contractor shall have "on-hand" during all brickdust maintenance operations the following items: 5.4.1 Squeegee: Used to push/squeeze water off wet areas or into dry areas or drains. Shall be 24" to 36" wide with neoprene blade and magnesium/aluminum head. 5.4.2 "Super Sopper": Used to collect standing water in brickdust areas. Shall be drum type with exterior sponge and arm holding drum. 5.4.3 Diamond or Beckson Pump: Used to remove standing water in brickdust areas. Shall be plastic with flexible piston and value. 5.4.4 Infield Sopper with Wringer and Bucket: Used to collect standing water in brickdust areas. Sopper shall be geotextile-covered sponge typical for absorbing chemical spills. 6.0 Meetings 35 25C-39 6.1 Contractor shall provide City of Santa Ana staff with a contact person and a phone number to reach the contact person from the hours of 6:30am - S:OOpm, Monday - Saturday. 6.2 Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor". This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns that may arise and any goals for the day/week. 6.3 In November of each year for as long as the contract is in effect, Contractor shall personally meet with staff, along with the designated site supervisor, to discuss and outline schedules for °`Annual Renovations" (listed in Section 10.0). 7.0 Daily Infield Maintenance 7.1 General 7.1.1 Contractor shall remove all litter, broken glass and hazardous debris from infield and dugout areas. 7.1.2 Contractor shall keep brickdust and dugout areas in a weed free condition. 7.1.3 Contractor shall hose and/or sweep and hose out all dugouts so they are 100% free of brickdust or any other debris. 7.2 Maintenance Procedure 7.2.1 Retain smooth and level playing surface, using the following daily procedure. The contractor shall remove all bases before beginning any work on in-field and re-install after all work on in-field is completed. 7.2.2 After removing all bases, the contractor shall scrape/wire brush all base post anchors and base inserts. This will help facilitate the base removal and installation. 7.2.3 The Contractor shall rake/shovel loose material from high spots back into low spots/worn areas on running paths, sliding zones, and any other low spots/worn areas appearing on the field before any watering or dragging shall take place 7.3 Home Plate Area/Batters Box Area Holes 7.3.1 Sweep/Rake away all loose brickdust. 7.3.2 Wet area until moist. 7.3.3 Scarify area (`s) [batters box hole(`s)] with shovel. This will help the mix bind better. 36 25C-40 7.3.4 Ina 5 gallon bucket mix "mound mix" with water to desired consistency. Do not use infield mix for this purpose. 7.3.5 Backfill "mound-mix" material into hole(`s). 7.3.6 Tamp the area firmly with steel tamp. Note: The tamp will be most effective if you cover the bottom with plastic. Tape the plastic to the tamp handle. The plastic keeps the clay from sticking to the tamp's bottom. 7.3.7 After tamping and compacting the "mound -nix" covers areas with infield brick dust. 7.4 Pitcher's Mound 7.4.1 Follow same procedure for repair of home plate/batters box area utilizing dry "mound mix" fo-• this purpose. Do not cover with infield mix. 7.4.2 Add to the above the following: Rake all loose material from bottom to top and cover with "Mound Mix". 7.5 General Brickdust Skinned Intield Areas 7.5.1 After raking/shoveling loose material from high spots back into low spots/worn areas on running paths, sliding zones, and any other low spots/worn areas appearing on the field, the Contractor shall fill all remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. 7.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop, dugout chain link fencing and/or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. 7.5.3 Lightly water entire infield before dragging. Note: Watering shall penetrate brickdust to a minimum depth of 1/8" deep min. This process is crucial to keeping brickdust in place and not going air borne. 7.5.4 Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag". Circular or figure eight drag patterns shall be used (see details 1-A & 1-B). Alternate drag patterns or reverse direction of drag patterns daily to avoid ruts and high/low areas. Speed of drag procedure shall not exceed 7 mph. 37 25C-41 7.5.5 When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of 18". This will help in avoiding lips at brickdust/turf edges. This 18' gap shall also apply to all backstops and chain link fence areas. 7.5.6 Contractor shall hand rake all base paths on combination turf/brickdust infields. 7.5.7 When the dragging process is complete, the contractor shall stop the drag in a different location daily. This will stop the accumulation of brickdust in focused areas. At this time roll-up the drag, place it on the vehicle and remove all debris accumulated in the drag at this spot and rake out material emptied from drag. 7.5.8 After dragging, hand rake the 18" edges using the "grade or grooming rake". The rake shall be held at an angle as to not push brickdust onto/into turf areas. 7.5.9 After raking the 18" edges, the contractor shall clean all excess brickdust on the turf edges utilizing a high pressure water one (1) time per week. NO brickdust shall be permitted on the turf edges at any time.If in the determination of City staff, an unsafe lip situation exists (an unsafe lip is ''/2" or greater) in any turf/brickdust border area infield to brickdust, base- paths or brickdust to outfield), contractor will be required to remove or level the soil build-up with a sod cutter and re-establish the in-field boundaries with a string line or suitable method and re-sod up to the border to remedy the situation at contractors expense. Pre-existing conditions shall be corrected during contract start-up. 7.6 Final Watering 7.6.1 This is the most time consuming and a very important element of the procedure. 7.6.2 The contractor shall final water the skinned brickdust to a depth of '/a" minimum. 8.0 Rainy Weather/Wet Field Procedure 8.1 On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to: 8.1.1 Remove all standing water from low spots either by skimming off excess water and spreading it out to dry areas or using apump/sopper system. 8.1.2 Rake out (scarify) wet areas. 8.1.3 Apply Dry Gail Materials "Pro Gold with Stabilizer" Brickdust Materials from stock to all Wet Areas and Rake Out. ~s 25C-42 9.0 Work to be Completed "BI-MONTHLY" 9.1 To maintain levelness of all fields, contractor shall, once every two months, scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. Note: Staff shall identify areas to scarify/cut and level drag to the contractor at weekly meetings with contractors appointed site supervisor (as per section 6.2 of contract). 9.2 Heavy water scarited and cut and leveled areas to a '/z" min. depth and allow settling in before play on field. Note: Due to heavy watering and its need to settle before play, staff shall provide a schedule of bi-monthly scarify/cut and level drag dates to contractor. 10.0 Work to be Completed "ANNUALLY" 10.1 Each year, the following renovation is to be done on all fields in conjunction with the City's Annual Sports Turf Renovation Schedule. Fields renovated may change from year to year. 10.1.1 Contractor shall laser grade each ball diamond. Contractor shall scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. Note: Staff shall identify areas to scarify/cut and level drag at the November meeting with contractor's owner (as per section 6.3 of contract). 10.1.2 Contractor shall verify all base distances, pitching rubber distances and pitching mound heights per the Little League, Pony/Colt League specifications for each specific field. Contractor shall repair any specifications not being met on any field. 10.1.3 ~ In addition, contractor shall install 1/2" new Gail~Materials "Pro-gold with Stabilizer" (brickdust) to in-fields at all diamonds (minimum 26 tons per Girls Softball/Major Little League Field and minimum 40 tons per Junior/Senior Little League Field). Also, the contractor shall install a minimum of 1 ton of Turface calcite clay per Girls Softball/Major Little League Field and 2 tons of Turface calcite clay to Junior/Senior Little League Fields Responsibility for and purchase of necessary materials shall be at contractor's expense. 39 25C-43 Note: The City has the right to move brickdust and Turface materials to other infields under this agreement should they decide that an infield or infields do not require additional materials a particular year. 11.0 Work To Be Completed "AS DIRECTED" 11.1 Replace Base ANCHORS as directed. (This will be considered extra work.) Note: City of Santa Ana use's the Hollywood base anchoring system. Contractor shall install base anchors into the ground per manufacturer's standards. Top of stake shall be approximately 2" below the surface grade so that the base sits level and flush against the surface on all sides. 1 1.2 Replace Bases as directed. (This will be considered extra work.) Note: City of Santa Ana shall be responsible for supplying all necessary base anchors and/or bases to the contractor as needed. 1 1.3 Replace or Remove/Level/Re-Install home plates as directed. 1 1.4 Replace or Remove/Level/Re-Install pitching rubbers as directed. Note: City of Santa Ana shall be responsible for supplying all necessary home plates and/or pitching rubbers to the contractor as needed. 11.5 When given direction to complete "as directed" work, contractor shall complete the directed work on the next working day. 12.0 infield Turf Maintenance 12.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield and 36" beyond the infield brickdust skin line/arc. Infield turf shall be mowed three (3) times per week February -August and one (1) time per week September -January. 12.1.] Contractor shall use a "greens" reel mower to provide "putting green" quality finish cut. 12.1.2 Infield turf shall be cut between '/z" and 3/4" per staffs direction. 12.1.3 All turf clippings shall be collected and disposed of. 12.21nfield turf shall be irrigated to maximize healthy growth of the turf while conserving water. Over watering will not be acceptable. ~o 25C-44 12.2.1 Contractor shall check and program the automatic irrigation controller minimum one time per week. 12.2.2 Contractor shall provide any areas of the turf supplemental watering using a garden hose on an as needed basis to assure a high quality turf infield. 12.23 infield turf shall be fertilized one (1) time per month February apply Nitro King 22-4-4 and March, April, May, June, July, August, September apply Turf Supreme 16-6-8 at a rate of one (1) pound of actual nitrogen per 1,000 square feet of turf. 12.2.4 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed. 12.2.5 Immediately following fertilization the Contractor shall water in the fertilizer to avoid chemically ``burning" the turf. 12.3 Infield turf shall be aerated using a walk behind piston type aerator two (2) times per year, in January and July. All cores shall be removed. Dragging of cores is not permitted. 12.4 [ntield turf shall be kept weed free at all times. 12.4.1 Any grasses other than the original hybrid Bermuda installed in the infield shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.4.2 Any broadleaf weeds shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.5 Infield turf shall be kept free of disease and rodents at all times. 12.5.1 The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice. 12.6 Infield turf annual renovation 12.7 Each year the infield turf shall be renovated: 1) verticut using the greens reel mowers straight blade reels; 2) mowed to '/4" high immediately following verticutting; 3) overseeded during spring/summer with LaPrima XD Bermuda Seed at a rate of 8 pounds of seed per 1,000 square feet and fall/winter -Stover Seed Company Grand Slam seed at eight (8) pounds per 1,000 square feet; and, 4) top dressed immediately following seeding by Aguinaga Materials using "Santa Ana Top Dress Mix." ai 25C-45 12.8 All infield turf edges including the arc skin line, base paths, pitchers mounds, etc., shall be edged one (1) time per week. The edged lines shall be straight and, where curved lines are required, the arcs will be a true radius. 13.0 General Contract Provisions 13.1 Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. 42 25C-46 43 25C-47 ATTACHMENTS City of Santa Ana, Park Maintenance Agromonic Plan 2008 Trt Application dates T e Maintenance Descri tion unit of measure 1 Januar G Winter Fertilization lb 2 Feb 15 -March 15 G Late Winter Fertilization ]b 3 Aril G S rin Fertilization SCU lb 4 June G Fertilization SCU lb 5 Au ust G Fertilization SCU lb 6 October G Fall Fertilization Fall lb 7 Late Nov Early Dec G Late Fall Fertilization lb IPM and Misc A lications A Januar L Preemer ence Crab rass Control 1st a oz B Januar G Fertilization with reemer ent lb o tion C All ear L Back ack S stemic BL Weed Control as needed fl oz. D A r & Oct L General BL Weed Control as Needed fl oz E Mid April L Preemer ence Crab rass Control 2nd a p. oz F Mid A ril L 0 tional Pre and earl Post Crab Control oz in 5 oz ouches G Mid A ril G 0 tional Pre and earl Post Crab Control lb H Mid A ril G 0 tional Pre and earl ost Crab Coltrol lb I Aril - Ma L Sed e Coltrol as needed oz J June - Au ust L Sed e Su ression as needed oz K Ma -June G Grub revention lb L Ma -October L Spurge and black medic preventative contactpostemergence (fl oz M Ma June L Grub reactive N All ear L Coltrol Of Oxailis as needed fl oz 0 Au -Oct L Kiku u rass 2 to 3 a s 4 weeks a art P Jul -Oct L Postemer ence Crab rass Control fl oz Au - Se t. L Preemer ence Poa annua Control oz R Au - Se t. G Granular 0 tion Pre oa annua control lb S Au - Se t. G Granular 0 tion Pre oa annua control Ib T Nov -Dec. L Postemer ence Poa Control fl oz ORNAMENTAL PROGRAM Trt Application dates T e Maintenance Descri tion unit of measure 1 At color chap e G Fertilization of seasonal color 75 oz/SF 2 Jan -Dec. G General shrub and round cover fertilization lb 3 Jan L Pre emer ence bed weed control-broadleaf oz 4 Set L Preemer ence bed weed control-broadleaf oz 5 Jan L Preemer ence bed weed control- rases oz 6 Set L Preemer ence bed weed control-grasses (oz) as 25C-48 7 Jan and Se t. G Ornamental bed, broadleft and rass weed control o lion IPT and Misc. A lications 1 Mar -June L Post emer ence rass control as needed fl oz) 2 Ma & Jul L Pre emer ence sed e control as needed fl oz 3 As needed G Snail and slu control oz 4 Jan-Dec. L Post emer ence non-selective s stemic weed control oz 5 Nov -March L Post emer ence non-selective contact weed control fl.oz A Jan - A ril L A hic, Whitefl other suckin insects oz 100 al B Jan -March L Olive Fruit control fl.oz 100 al -at color chap e C As needed L Insect control eneral fl oz 100 al D As needed L Insect control eneral al 100 al E As needed L Mite control fl oz 100 al F Aril - Au ust L White fl control on Hibiscus X losma fl oz 100 al G As needed L Powder mildew control as needed fl oz 100 al H All ear L Phytophthora root rot and overall chlorotic plants (fl oz/100 al PLANT GROWTH CONTROL J <48 hrs after shear L General lant material as needed fl oz/100 al K <10 d after shear L Iv , ~asmine, hone suckle fl ozj100 gal) i/park services/park operation/poadm/excell/irvine agromonic plan 2009 45 25C-49 ATTACHMENT 4 Infrnducfinn Synthetic Turf Maintenance Specification This specification shall explain the procedures necessary for maintaining the synthetic turf fields at the Santa Ana Stadium and the Centennial Park, Dan Young Soccer Complex. I. Cleaning and Stain Removal A. General Dirt Rain is a natural field cleaner. Rainfall cleans the turf fibers of dust, pollen and airborne chemicals. [n areas where rain is not sufficient enough to remove embedded dirt, the Contractor shall saturate the surface of the synthetic turf field until contaminants are flushed through the turf. Embedded dirt shall not be removed by mechanically sweeping the field. B. Rubbish Rubbish Removal Paper, peanut shells, sunflower seeds, athletic tape, paper, etc., shall be removed daily from the synthetic turf surface. A sweeper is satisfactory for lifting paper scraps, food debris and loose trash from the surface as well. Sweeping the field should be accomplished as soon as possible after an event. The sweeper should have synthetic fiber bristles such as nylon or polyolefin. The minimum brush length should be 2.0". The brush should contain no metal. (Metal bristles or fibers can create a safety hazard if individual bristles break off and become lodged in the turf or rubber fill). The brush setting should be checked often. The actual setting depends on the model and type of sweeper. The sweeper will work best when the brush is set so it just touches the tips of the fibers of the turf. DO NOT SET THE BRUSH SO LOW THAT IT DIGS INTO THE TURF PILE, THE FILL MATERIAL OR THE TURF BACKING. A brush setting that is too low can damage the artificial grass and adversely disturb the fill. Do not use a mechanical sweeper during the heat of the day if the temperature exceeds 90 degrees F. C. Vehicles Vehicles are not allowed on the field at any time. Only approved off-road type equipment may be driven on the field. The Contractor shall use caution not to spin the tires, turn sharply, or in any way maneuver the piece of equipment where it will damage the synthetic turf. Oil and Fuel Spills Oil and fluid spills can discolor and even damage the artificial grass. Proper equipment maintenance shall be observed. Battery acid and most other fluids should not be allowed on the 46 25C-50 artificial grass. Never change or add fluids to equipment while the equipment is parked on the artificial surface. D. Stains The Contractor shall be responsible for removing stains on the synthetic turf. Polyethylene fibers are stain resistant fibers because most stains are moisture borne and polyethylene, a "hydrophobic" yarn, absorbs little moisture. As a result, a "stain" on a synthetic turf field is not a true "stain"; rather, it is generally dried residue of foreign matter, which must be quickly and thoroughly removed. It is best removed while still moist and thus before it has dried on the fibers. These residues can generally be removed with water or soap and water. Remember, it is much easier to clean a fresh spill before it has time to dry and harden. Remove any deposit promptly using a putty knife or similar tool. Then soak up excess liquids with paper or cloth towels or rags. "Water Based" Stains or Residues: Stain Procedure for Removal 1. Scrub the area with soap and water. Use a stiff fiber brush for maximum agitation. Acid, Alkali, Beer, Blood/Mucus, Catsup, Coffee, Colas and Soft Drinks, Disinfectants, Standard Dyes, Food Coloring, Fruit Juice/Gatorade, Glue, Hot Chocolate, lce Cream, Latex Paint, Milk, Mustard, Tea, Urine, Water Colors 2. Rinse the area thoroughly with clear water to remove all traces of soap. 3. Dry with absorbent towel, if necessary. Note: A three percent (3%) solution of ammonia in water may be used in lieu of household detergent for stubborn residues or stains. Stubborn or Oil-Based Stains Stain Procedure for Removal Crayon, furniture polish, lipstick, cooking oil, rubber cleat marks, shoe polish, suntan oil, ballpoint ink Sponge with dry cleaning solution (perchecloroethylene). Soak up with absorbent towels. Flush with water. Oil paints Soak up or blot immediately. Sponge with turpentine ~or paint remover (apply sparingly). Blot with detergent and water. Re-sponge with cold water to remove detergent. Scrape excess. Sponge with perchloroethylene (dry cleaning solvent). Repeat the above as necessary. Nail Polish Sponge with acetone. ~~ 25C-51 Paraffin Wax Scrape excess. Sponge with dry cleaning solution. Tar and Asphalt Scrape excess. Sponge with dry cleaning solution. Note of Caution: Mineral Spirits, MEK, acetone and other petroleum-based solvents are highly flammable. Do not smoke or permit flames near containers or near solution when in use. Be sure the area is well ventilated. Animal Waste: Remove if necessary. Neutralize residue with of white distilled vinegar in an equal amount of water. Flush thoroughly with water after application. Chewing Gum: Freeze the gum by applying ice or spray with and scrape to remove residue Fungus, Mold, Mildew and Other Infectious Growths: The Contractor shall apply one (1) time per month an approved germicide to control infectious diseases such as, but not limited to, virus, bacteria, parasites, etc. The Contractor shall also apply as necessary approved chemicals to control fungus, mold, mildew, etc. Use cone-percent solution of hydrogen peroxide in water. Note: Do not use high-pressure water spray with stream force in excess of 250 psi as this can damage the turf and displace the fill. II. Minor Repairs The Contractor shall be responsible for damage to the synthetic turf caused by his negligence. The Contractor shall not be responsible for damage to the synthetic turf caused by others. Should the synthetic turf be damaged by others the City may request from the Contractor a proposal to make repairs. Note: Do not cut, seam, sew, remove or in any way attempt to repair major artificial grass damage. If extensive damage occurs, contact your Sports Technology International dealer assistance. as 25C-52 ATTACHMENT 5 .tN'~I.';~; CO.t)~ I'L~1'('1'ti(~ A~"~) :1~1:1IN'1'~,:~."~N('~: S'~C~'ICA"1'i)N Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, ]:1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be rernoved from the bed. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include but not be limited to the following annual bedding plants: • Spring/Summer -April through October 1 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus Vandalism Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing/damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing/damaged plants within 48 hours. The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. 49 25C-53 ~~ 25C-54 Plant Cap Attachment No. ite 2" Plugs Shrubs, 1 Gal Ground Cover 64 Ct Flt Vines, 1 Gal 1 Cesar Chavez/Campesino 100 50 0 200 2 Riverview Park 200 100 25 200 3 Rosita Park 1,000 200 0 200 4 Edna Park 1,000 50 0 200 5 EI Salvador Park 200 200 0 100 Subtotal District 1 2,500 600 25 900 Note: This plant cap is an annual plant cap for each district. Plants that die as a result of Contractor's negligence are not applied to this plant cap. Where Contractor can show that vandalism was the cause of the plants death, City will assume cost of replacing (excludes vines). City can elect to install plants in existing bare areas, or new construction areas. Standard Plant Costs 64 Ct. 5 gal $8.84 Flat $9.95 1 gal $2.95 Plugs $0.40 Plants costing more than standard plants shall be considered premium. City will pay only the incremental difference between a standard plant and the premium plant. 51 25C-55 ATTACHMENT 9 TREE PRUNING SPECIFICATIONS 1.0 INTRODUCTION Trees and other woody plants respond in specific and predictable ways to pruning and other maintenance practices. Careful study of these responses, has led to pruning practices, which best preserve and enhance the beauty, structural integrity, and functional values of trees. In an effort to promote practices, which encourage the preservation of tree structure and health, the following policies have been established. These specifications are presented as working guidelines, recognizing that trees are individually unique in form and structure, and that their pruning needs may not always fit strict rules. 1.01 OVERVIEW OF SPECIFICATIONS Any tree work performed in the City of Santa Ana Park and Recreation Facilities (SAPRF) must be done according to the SAPRF specifications. There are different criteria for pruning depending on the purpose for the pruning. a. Complete Prune Specifications are used when circumstances deem the entire tree needs to be fully pruned. Safety Prune Specifications require less pruning and are used when specific, possibly hazardous (dead/dying) limbs need removal to eliminate all safety concerns. Safety pruning may be recommended in some circumstances instead of a complete prune. Safety pruning specifications are used for "as needed" pruning as outlined above and address only safety concerns. Safety pruning includes only the basic requirements and does not include the fine pruning detail work outlined in a complete prune. c. Power Line Clearance Prune (PLC) Specifications are used for private tree power line clearance work and for street tree (PLC) pruning when the tree is pruned between its periodic complete pruning cycles. d. Palm Pruning Specifications are used when pruning any type of palm. All specifications are based on International Society of Arboriculture, National Arborist Association and American National Standards Institute criteria. This guarantees that SAPRF trees receive the best possible care. 1.02 GENERAL REQUIREMENTS The following requirements shall be used during any pruning work to be performed on SAPRF trees: a. Proper disposal of all tree debris generated. b. Assuring good traffic control and minimize disruption of the public. c. Assuring adequate safety of employees and the public. s2 25C-56 Prior to starting any tree work on an SAPRF tree, the Contractor must contact an authorized SAPRF representative. Contact Mike Lopez, Park Services Superintendent at 714/571-4212 Office or 714/231-6112 cell phone. 1.03 CERTIFIED ARBORIST The Contractor shall employee afull-time, permanently certified arborist, as accredited by the International Society of Arboriculture. This person is responsible for ensuring that the Contractor's crews are performing work according to SAPRF specifications. 1.04 SPECIFIC TREE PRUNING SPECIFICATIONS a. All persons performing tree work on SAPRF trees must be trained according to tree care standards accepted by the International Society of Arboriculture. b. All persons performing tree work on SAPRF trees in or around primary electrical lines must be trained to do so according to the "Electrical Safety Orders" of the State of California, including all amendments and revisions. When tree pruning cuts are made to a side limb, such remaining limb must possess a basal thickness of at least one third (1/3) of the diameter of the wound so affected. Such cuts shall be considered proper only when such remaining limb is vigorous enough to maintain adequate foliage to produce wood growth capable of callusing the pruning cut so affected within a reasonable amount of time. All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth. Flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar shall not be removed. e. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. f. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. All major diseases and/or pest problems shall be promptly reported to an authorized SAPRF representative. g. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with smooth wood surface and secure bark remaining intact. All trees six (6) inches in diameter or less shall be pruned with hand tools only. Chain saws will not be permitted on any trees six (6) inches in diameter or less. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and/or disease problems. Whenever pruning cuts are to be made, while removing limbs too large to hold securely in one hand during the cutting operation, the limbs shall be cut off first, one (1) to two (2) feet beyond the intended final cut. Then the final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Such cutting back shall not include the removal of any live, healthy limbs in excess of six (6) inches in diameter without prior approval from an authorized SAPRF representative. 53 25C-57 No more than twenty five (25) percent of the live wood may be removed from the crown of any tree, without approval of an authorized SAPRF representative, excepting live oaks, which are limited to no more than ten (10) percent. Resulting in keeping as much of the crown of the tree as possible. j. Any extraneous metal, wire, rubber or other material (i.e. stakes, ties) interfering with tree growth shall be removed immediately. k. Any defective or weakened trees shall be reported to an authorized SAPRF representative. Specifically, any structural weakness of a tree, decayed trunk or branches, shall be reported in writing, noting the location of the tree by street address and a description of the hazard found in the tree. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, except palms that are more than sixty-five (65) feet in height. m. Beneficial animal, bird nests, nesting cavities or other wildlife habitat shall be preserved and protected whenever feasible, unless doing so would create a hazard. 1.05 COMPLETE TREE PRUNING SPECIFICATIONS Complete tree pruning shall consist of the total removal of dead or living branches that may threaten the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner as to: a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (l6) feet above the paved surface of the street, fifteen (] 5) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove all dead and dying branches and branch stubs that are one half (1/2) inch diameter or larger. c. Remove all broken or loose branches. d. Remove any live branches, which interfere with the tree's structural strength, and healthful development, which will include the following: 1) Branches, which rub and abrade a more important branch. 2) Branches of weak structure, which are not important to the framework of the tree. 3) Branches, which if allowed to grow, would wedge apart the junction of more important branches. 4) Branches forming multiple leaders in a single leader type tree. 5) Branches near the end of a limb, which will produce more weight or offer more resistance to wind than the limbs are likely to support. sa 25C-58 6) Selective removal of undesirable sucker and sprout growth paying specific attention not to nick or damage the sprout "burl". 7) Selective removal of one or more developing leaders where multiple branch growth exists near the end of broken or stubbed limbs. 8) Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 9) Removal of branches, which project too far outward beyond an otherwise symmetrical form. e. Cut back ends of branches and reduce weight where excessive overburden appears likely to result in breakage of supporting limbs. f. Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. g. Obtain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by an SAPRF representative to do otherwise. h. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to said trees. Clear all branches and foliage within ten (l0) feet of primary electrical lines and three (3) to five (5) feet of secondary electrical lines. j. Clear all branches that interfere with telephone, cable and other utility lines within one (1) foot of lines, wherever feasible. 1.06 SAFETY TREE PRUNING SPECIFICATIONS Safety tree pruning shall consist of the total removal of dead or living branches that may menace the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner to: a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove dead and dying branches and branch stubs that are two (2) inches in diameter or more. c. Remove all broken or loose branches. ss 25C-59 d. Removing any live branches, which interfere with the tree's structural strength and healthful development, will include the following: - Limbs of weak structure or otherwise hazardous. - Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. - Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 1.07 POWER LINE CLEARANCE (PLC) PRUNING SPECIFICATIONS When trees are in the proximity of overhead energized lines and equipment, reliability of service, safety, and governmental standards require a reasonable amount of tree pruning to avoid conductor contacts and grounding of circuits through the trees. Power line clearance pruning, therefore, shall consist of the removal of tree branches for proper electric line clearance in order to minimize the likelihood of power outages and improve safety. Specifically, trees shall be pruned in such a manner as to: a. Clear all branches and foliage within ten (10) feet of primary electrical lines. b. Clear all branches that interfere with secondary electric lines within three (3) to five (5) feet. c. Protect current tree health, condition and symmetry using Dr. Alex Shigo's book, Pruning Trees Near Electric Utility Lines as a guide. During the tree pruning process, all safe minimum working distances for energized conductors shall be observed. These clearances are defined under ANSI 2133.1-1994. Current ANSI specifications will supersede these requirements when they take effect. Any contact with energized lines shall be promptly reported to an authorized SAPRF representative. Access to backyards must be closely coordinated with the property owner, whenever feasible. Spikes may be used for PLC pruning on palms or other trees only when needed for proper safety reasons. 1.08 PALM PRUNING SPECIFICATIONS Palm pruning shall consist of the pruning of the following palms (Syagrus romanzoffianum (queen palm), Archontophoenix cunninghamiana (king palm), Phoenix Canariensis (Canary Island date palm), Phoenix Dactylifera (date palm), Washingtonia filifera (California fan palm); and Washingtonia Robusta (Mexican fan palm) per these specifications. a. The removal of all dead fronds and other dead plant parts from the trunk. All loose frond sheaths shall be removed along the entire length of the palm trunk. ~6 25C-60 b. The removal of all flowers and fruit parts whether dead or alive. c. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, excepting palms that are more than sixty-five (65) feet in height. d. Canary Island date palm (Phoenix Canariensis) trunks shall be cleaned of any weed species. The immediate area below the green fronds shall be trimmed to a symmetrical (pineapple) appearance. The shape shall not exceed a minimum of forty-eight (48) inches or a maximum of sixty- (60) inches length below the green fronds. The trunk when pruning operations are complete shall be left in a clean, unscathed appearance throughout the entire length of the palm trunk. Canary Island date palms shall be pruned using a sterilized handsaw. The handsaw must be cleaned and sterilized before and after pruning each tree. e. All volunteer palm seedlings must be removed that are growing within the streets, parkways, or setback dedicated areas. 1.09 UNACCEPTABLE PRUNING The following procedures, or others that will result in tree decline, are not allowed (storm damage and other extenuating circumstances exempted): a. Severe cutting back of all growing tips usually referred to as topping, pollarding, or hat racking. b. Flush cutting where a cut is made even with the surface of the trunk or limb, removing the branch collar and branch bark ridge. c. Stub cutting where branch removal results in the base of branch removed protruding more than approximately one fourth (1/4) inch beyond the zone of branch collar and branch bark ridge. d. Removal of a healthy main leader, for reasons other than power line clearance. e. Excessive cutting or lifting that exceeds the International Society of Arboriculture or SAPRF standards. 1.10 DAMAGE TO PUBLIC OR PRIVATE PROPERTY Should any structure or property be damaged during the tree pruning operations, the persons conducting the work shall immediately notify the proper owners and an authorized SAPRF representative. Repairs to property damaged by the responsible party shall be made within forty-eight (48) hours, except utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Santa Ana. Any damage caused by the Contractors employees shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to the City of Santa Ana and/or SAPRF. Special attention is drawn to sprinkler systems in City landscapes and the need to avoid damage. All damage to irrigation systems shall be repaired as soon as possible at Contractors expense. 57 25C-61 1.1 1 WORK PERFORMED ON PRIVATE PROPERTY No SAPRF contracted tree worker shall perform work upon private property without the written consent of the property owner and an authorized SAPRF representative. 1.12 PUBLIC SAFETY AND COOPERATION All tree work shall be conducted in a manner as to cause the least possible interference with, or annoyance to others. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. a. Whenever larger tree sections are being cut in a treetop, which may endanger persons or property, such sections shall be secured by ropes and lowered safely to the ground in a controlled manner. b. All fire hydrants, meter vaults, water and gas shut off valves, backflow devices, irrigation field controllers and similar facilities must remain accessible during the course of work. Noise levels, resulting from tree work operations, must be kept to a minimum at all times. All tree work operations are subject to compliance with all local Noise Restrictions. Operation of tree work equipment shall not take place between the hours of 9:00 p.m. and 7:00 a.m. weekdays, or between 9:00 pm and 8:00 am on weekends (Saturday and Sunday). Emergencies are exempt from any time restrictions. d. All tree work done to SAPRF trees must comply with all tree related safety requirements as stated in the safety standards ANSI 2133.1-1994 of the American National Standards Institute, Inc. 1430 Broadway, New York, NY 10018. 1.13 SITE CLEANUP Cleanup of any debris resulting from any tree pruning operations shall be promptly and properly accomplished. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of debris be allowed in such a manner as to result in a hazard to the public. All debris from tree operations shall be cleaned up each day before the work crew leaves the site, unless permission is given by an authorized SAPRF representative to do otherwise. All lawn areas, parkways, streets and sidewalks shall be raked and/or blown clean, and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree pruning operations. All cuttings, branches, wood chips and other debris shall be cleared from the site and disposed of by the Contractor. The Contractor shall obtain permits required for this purpose. Disposal expenses will be the Contractor's responsibility. Debris, such as wood chips, shall be left on property only at the direct and specific request of the owner and an authorized SAPRF representative. Firewood four (4) inches diameter or larger will be left at the work location in a safe manner, unless the wood is not usable as firewood. All firewood to be removed (wood four (4) inches of diameter or larger) must be authorized by an SAPRF representative. 1.14 TIME FOR COMPLETION ss 25C-62 If awarded this project, the Contractor agrees to complete the work within the time parameters jointly agreed upon by the City, SAPRF, and the Contractor prior to work commencement, unless specific time deadlines are specified elsewhere in these specifications. Once the work has commenced, the Contractor shall diligently prosecute the same to completion. 1.15 PAYMENTS WITHHELD/PENALTIES Should the Contractor fail to finish the work as agreed upon in these specifications the Contractor shall be charged by SAPRF penalties in the amount of five hundred dollars ($500.00) for each calendar day that the work remains incomplete beyond the dates specified. Any amount so charged shall be deducted by the SAPRF from any monies which otherwise are or become payable to the Contractor. In case all the work called for is not completed in all parts and requirements within the time specified, the SAPRF shall have the right to grant or deny an extension of time for completion, as may be seen best to serve the interests of the SAPRF. The Contractor shall not be assessed with penalties during the delay in the completion of the work caused be acts of God or of the Public Enemy, acts of the State, floods, epidemics, quarantine, restrictions, strikes, or unusually severe weather. The SAPRF representative will ascertain the facts and the extent of the delay, and their findings thereon shall be final and conclusive. 1.16 SUBCONTRACTO Subcontractors used in the performance of this project shall be listed in the Contractors Bid Proposal. Subcontractors shall be properly licensed by the State of California as a contractor to perfor-n work of this specialty and hold a valid business permit and certificate of insurance with the City of Santa Ana. Should any subcontractor fail to perform the work undertaken by him to the satisfaction of the SAPRF, said subcontractor shall be removed immediately from the project upon the request of the SAPRF and shall not again be employed on the project. The Contractor shall be held liable for the correction of any deficient work. 1.17 ADDITIONS AND/OR DELETIONS OF WORK The SAPRF representative reserves the right to add and/or delete tree work on this project as deemed necessary and in the best interest of the SAPRF. Additions and/or deletions shall be made at the unit price accepted by SAPRF upon award of contract. 1.18 INSPECTIONS An authorized SAPRF representative will inspect the work performed by the contractor to insure completion of the pruning in accordance with SAPRF Pruning specifications. Should more than two (2) inspections be required on trees needing additional work, the contractor will be billed for SAPRF staff time. 1.19 BILLING Contractor shall submit a fully itemized bill listing each tree noting: a. Address (each tree). b. Type of tree. c. Date completed. d. Person completing the job. e. Location of tree (front, side right, side left, rear) 59 25C-63 This information is vital to maintain the city's computerized tree inventory and management system. 2.00 CONTRACTOR QUALIFICATIONS All contractors are required to have a valid appropriate state contractor's license, current City of Santa Ana business license, City Attorney approved certificate of insurance and be knowledgeable in tree pruning and tree care prior to the commencement of any and all work. 2.O1 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION The current edition of the "Green Book", Standard Specifications for Public Works Construction and it's updates, supplements and local addendums, shall be included as part of these specifications, unless otherwise directed in these specifications. 2.02 SPECIFICATIONS INTERPRETATION The intent of these specifications is known by the City of Santa Ana and SAPRF. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. The Contractor agrees that interpretations of this contract after the start of work are at the SAPRF sole discretion, and the Contractor shall abide by all such interpretations. 2.03 EXTRA WORK [n the event the Contractor is required by the City to perform extra work, the following procedure shall govern such work: a. When required, by the SAPRF representative, an itemized estimate of cost will be submitted for approval prior to work being performed. The Contractor shall maintain records sufficient to distinguish the difference between direct cost and extra work. He shall furnish reports of extra work on forms, agreed upon and approved by the SAPRF representative, itemizing all costs for labor, materials and equipment rental. The report shall include hours worked and be in accordance with the following conditions: 1. Work will be executed under the direction of the SAPRF on a time and material basis or an agreed lump sum price depending on the nature of the work. 2. The SAPRF representative will issue a work request for such extra work to be performed. 3. Extra work will not be initiated without written authorization, except in emergency call-out situations. The SAPRF representative will solely define specific emergency situations. 4. Extra work may include, but is not limited to, the following: a). Repairs to landscaping, sprinkler systems, and/or facilities, unless damaged by Contractor. 2.04 PROTECTION OF EXISTING FACILITIES AND STRUCTURES 60 25C-64 The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, SAPRF, or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and/or SAPRF shall make the determination of fault. The SAPRF representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty-four (24) hours of the damage incurred. If the SAPRF representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. Contractor shall call Underground Alert (800) 422-4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the SAPRF representative and the City of Santa Ana. [f the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized SAPRF representative for a timely resolution of the problem. 2.05 CONTRACTOR'S STAFF The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. A qualified, English speaking supervisor in the employ of the Contractor shall supervise all of the Contractor's personnel. The supervisor shall be available at all times to the SAPRF representative during work operations. The responsibility for all work performed will remain with the full-time certified arborist. The Contractor shall furnish the necessary competent and key personnel to properly supervise and direct the work of fully equipped, competent and experienced crews as well as all safety equipment, including but not limited to, all equipment and work procedures required by ANSI Z 133.1-1994. The Contractor shall secure all timekeeping, bookkeeping and other necessary clerical and office work required in the performance of the contract. The Contractor shall be responsible for the supervision of all of his crews. He shall check all of his crews regularly for proper quantity and quality of work, proper maintenance of tools and equipment, and safety. 2.06 SUBSTITUTIONS Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 2.0? CERTIFICATION OF MATERIALS All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the ARMD representative. The SAPRF representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non-satisfactory items at his/her cost. 2.08 CONTRACTOR NEGLECT 61 25C-65 Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. 2.09 HOURS OF OPERATION The Contractor shall perform all work between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. No work shall be performed on weekends or on City recognized holidays without written SAPRF approval. 2.10 SPECIFICATIONS AND PLANS The work performed shall be done in accordance with the Standard Specifications for Public Works Construction, latest edition, hereinafter referred to as Standard Specifications. In case of conflict between the Standard Specifications and this Specification, this Specification shall take precedence over and be used in lieu of such conflicting portions. Where the plans or specifications describe portions of work in general terms, but not complete detail, it is understood that workmanship of the finest quality is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals and do all the work involved in executing the contract. 2.1 1 CONSTRUCTION EQUIPMENT The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage fro-n such equipment. 2.12 SOUND CONTROL REQUIREMENTS The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 2.13 TRAFFIC CONTROL The Contractor shall notify the SAPRF representative of intent to begin the contract work at least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the areas and shall make arrangements relative to keeping the working area safe and clear of vehicles. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether e-npty or loaded, shall in all cases yield to public traffic. All traffic delineation and work area protection shall conform to the Work Area Traffic Control Handbook (W.A.T.C.H.) 2000 Edition. The Contractor shall make every effort to keep commercial driveways open during working hours. Should this not be possible, Contractor shall coordinate with the property owners affected to insure that designated times of ingress and egress is available. After working hours, 62 25C-66 all driveways shall be accessible with smooth and safe crossings through any construction area (State of California Traffic Manual). 2.14 INQUIRIES AND COMPLAINTS The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, SAPRF, and/or private citizens during normal working hours. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the SAPRF representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the SAPRF may deduct such cost from any amount due to Contractor from SAPRF. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or SAPRF. If any complaint is not abated within a reasonable time, the SAPRF representative shall be notified immediately ofthe reason for not abating the complaint followed by a written report to the SAPRF representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the SAPRF representative ,the SAPRF representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges. 2.15 NOTIFICATION OF LOCATIONS OF WORK The Contractor shall notify the SAPRF representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. 63 25C-67 64 25C-68 EXHIBIT B DMS FACILITY SERVICES PROPOSAL 6~ 25C-69 April 6, 2009 ',\ Robert Carroll Parks, Recreation and Community Services Agency Budget and Accounting Section M-23 888 W, Santa Ana, CA 92701 Regarding: City of Santa Ana Parks Dear Robert, FAC/L/T Y SERV/CES 2320 South PuNman Street Santa Ana, CA 92705-5507 (949) 975- 7 366 (800) 662-2599 FAX X949) 260-7737 DMS Landscape Services [DMS] is pleased to submit our bid for monthly landscape maintenance at the above-referenced project. Please note this bid proposal is based on our specifications described in Exhibit "A" attached. All labor, materials, equipment, dump fees and supervision are included in the bid price. DMS proposes to utilize a qualified landscape management crew to perform required landscape maintenance tasks. An irrigation tech and area supervisor shall support the landscape management crew. The irrigation tech shall service and monitor the entire irrigation system on a regular basis. He shall be responsible for any repairs and adjustments necessary. An area supervisor shall be available for crew direction, quality control and interaction with management. As with all of our accounts, I shall also oversee the management of the landscape. Total Yearly Fee: $371,800.00 Enclosed please find one (1) original and (8) copies of vendor executed contracts. Should DMS be chosen to provide landscape services for your property, please sign and initial both contracts and exhibits where indicated. When fully executed, please return both copies and we will return a fully executed copy for your records. Thank you for the opportunity to bid this project. Should you have any questions or if we can be of further assistance, please do not hesitate to contact our office. Sincerely, ~~--~ ~~',~` ~, ~'eff Williams vAssistant Landscaping Manager DMS LANDSCAPE SERVICES JW/nv 25C-70 ,i FAC/L/TY SERV/CES ABOUT DMS LANDSCAPE SERVICES A HISTORY OF SERVICE In 1992, DMS Landscape Services began. Today, we offer consulting, design, new installation, renovation and maintenance for client projects ranging from small properties to those involving hundreds of acres. Our certified arborists, pest-control advisors and applicators, water-irrigation auditors, certified nurserymen, design staff and maintenance technicians provide our clients with the expertise needed to tackle and support the most challenging landscaping projects. WE'RE LOCATED NEAR YOU With offices strategically located in Southern California, and Northern California, we are ready to serve your needs. Southern California • Los Angeles County • Orange County • San Diego County • Inland Empire GROWING TO MEET YOUR NEEDS With more than 100 landscape professionals at three different locations, we can work with you to create a landscape plan that will improve the appearance -and value - of your property, both now and in the years to come. Our services include: • Complete landscape service, from planning and design to routine maintenance • Irrigation system installation, repair and maintenance • Complete turf and groundcover care and management • Tree care, including proper pruning, thinning and lacing techniques • Custom seasonal-color designs for your property's focal points • Specific recommendations for problem areas • Fertilization and pest control using injection and root-feeding techniques • Quality lab work for tissue and soil testing, when needed • Arborculture management • Irrigation water audits and report management • Interior plantscaping PEOPLE SERVING PEOPLE At DMS Landscape Services, we are landscape managers -not simply maintainers. Working in partnership with you, we can design, install and maintain your landscaping -giving you one less thing to worry about. We'll help you add curb appeal to attract potential customers; improve your property value; and save you time, money and hassles. 25C-71 I FAC/LITYSERV/CES Why choose DMS Landscape Services? DIVERSITY We can do it all. From soil testing to tree care to seasonal color, we can be your one-stop source for all your landscape needs. Because we're experienced in serving clients in many areas, including office & industrial, hotels, hospitals, property- managementand more, we know what it takes to successfully create and maintain the landscaping you desire. • ATTENTION TO DETAIL We anticipate potential trouble spots before they become headaches for you. By including troubleshooting ineverything we do, we can prevent small problems from becoming large -and costly. • INNOVATION We pride ourselves on our proactive -not reactive -service. If there's something we can do to make your property more attractive, we'll suggest it. If there's a better way to do something, we'll do it. W e manage the landscape, not just maintain it. We also are committed to creative water management and conservation in an effort to reduce your costs while still realizing the full potential of your landscaping. COMMUNICATION We're available when you need us - 24 hours a day. You'll have one customer-service representative who knows you and your particular needs. And our key personnel are equipped with pagers and radios to stay in touch. • ONE-STOP SERVICE Imagine not having to call several different companies to have your landscape designed, installed and professionally maintained, year after year. We offer everything you'll need -with one phone call. • COST EFFECTIVENESS We pride ourselves on providing top-quality service at a competitive price. Working within your budget, we can create and maintain landscaping you'll be proud of. And with DMS Landscape Services, there are never any hidden fees. You'll know your costs up-front, including the cost of ongoing maintenance. We offer several custom-payment options to choose from, too. PEACE OF MIND Two of our client's biggest concerns are safety and insurance. DMS Landscape Services, in addition to being licensed and bonded, carries the most comprehensive insurance coverage available. We also meet the most stringent safety requirements in the industry. In addition, we hold regular safety meetings with all field personnel, run byour in-house Risk Management staff. All this helps provide a safe, cost-effective working environment. Were just a phone call away... Working with DMS Landscape Services is easy. Our step-by-step program ensures a smooth and painless transition. Visit our web site at www.dms-services.com for more information and for the location nearest you. We'll sit down with you to identify your landscaping needs and develop solutions. Let us help you customize a landscaping plan to satisfy those needs for years to come. 25C-72 Fred Gonzales -General Manager Landscape Division FACILITY SERVICES Fred has been in the landscape industry for over 25 years. He started his career as a worker and has worked his way up with strong leadership skills, and his ability to manage crews. Fred is a California State Certified Contractor C-27 and a Qualified Applicator. His experience covers the entire spectrum of the landscape industry. Areas of expertise include: irrigation repairs, programming of controllers, trouble shooting, chemicals and pesticides, turf renovation, payroll, managing profit and loss, scheduling crews, billing, and has excellent customer services skills. He oversees over 80 employees in Los Angeles, Orange, Riverside, and San Diego counties. Fred has been with DMS since 2004. Jeff Williams -Assistant Manager Landscape Division Jeff has been in the landscape industry since 2003. He began his career as a "Smart Timer Specialist" because he wanted to make an impact on the run-off that is polluting the ocean, and continues to further his education by working towards becoming a Certified Arborist with the ISA. Jeff's knowledge of "Smart Timers" and the programming is top in the industry. He has trained landscape contractors on the technology and installed over 1000 controllers. Since joining DMS in December 2008, he has taken on sales and business development. Jeff has extensive knowledge in sales, irrigation repairs, "ET" based technology, water management, and believes in exceeding customer expectations. Prior to join the landscape industry, Jeff was a golf teaching professional with the PGA of America. Ramiro Herrera -Landscape Supervisor Ramiro has been involved in the landscape industry for nearly 30 years. He started his career as a laborer and has progressed through the ranks to his current position as Landscape Supervisor. Ramiro has experience in all areas of landscape including: irrigation repair, maintenance, basic tree trimming, and manages over 20 employees. Ramiro manages the City of Yorba Linda, City of Corona, Amblin, and several other key accounts. He is a very conscientious and sincere person who is committed to providing excellent customer service. Ramiro has been with DMS since 1996. 25C-73 FAGLITYSERV/CES Victor Garibay -Landscape Supervisor Victor grew up in the landscape industry, and since 1995 has continued to learn all aspects of landscaping. Victor has his ClAL license, is a Certified Irrigation Tech, Water Management certified, and is working towards his Arborist license with the ISA this year. He started as a laborer, moved into a foreman position, became a spray tech, and is now a supervisor overseeing The Irvine Company portfolio. His knowledge of landscape makes him a valuable asset to the DMS family since May 2008. 25C-74 I FALL/TYSERVICES DMS Landscaping Account Management Andre Nicassio IL Managing Partner Ontario Div. Ramiro Hererra Lucy Salgado Administration - Ramiro Hererra Supervisor Catalino Sanchez Lead Irrigator Frederico Avalos Irrigation Tech Fred Gonzales Vice President/GM Operations Jeff Williams Assistant Landsca Nelie Vasquez C pe Manager ustomer Service Victor Garibay II II Elijio Onorato Supervisor Supervisor Juan Monroy Irrigation Tech Paulino Alejo Spray Tech Elijio Rodriguez Irrigation Tech San Diego Div. Javier Sandoval 25C-75 I FALL/TY SERVICES DMS LANDSCAPE SERVICES LIST OF REFERENCES CITY OF YORBA LINDA P.O. Box 87014 Yorba Linda, California 92686-8714 Contact: Brian Waterbury Phone #: (714) 961-7170 CITY OF CORONA 815 W. Sixth St. Corona, California 91720 Contact: Art Groeneveld Phone #: (951) 736-2241 THE IRVINE COMPANY 7575 Irvine Center Drive, Ste. 250 Irvine, California 92618 Contact: Clint Collins Phone #: (949) 720-4424 TOYOTA MOTOR SALES U.S.A., INC. JORGENSEN FACILITIES SERVICE 19001 South Western Avenue Torrance, California 90509 Contact: Renetia Campbell Phone #: (310) 468-4085 MAGUIRE PROPERTIES WELLS FARGO BANK 333 City Boulevard West, Ste. 230 444 S. Escondido Orange, California 92868 Escondido, California 92025 Contact: Krystal Hoang Contact: Tom Williams Phone #: (714) 456-2622 Phone#: (619) 688-2837 25C-76 FACILITY SERV/CES INSURANCE COMMERCIAL GENERAL LIABILITY Insuring against Bodily Injury, Property Damage, Personal Injury and Advertising Injury $2,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal and Advertising Injury Aggregate $1,000,000 Each Occurrence BUSINESS AUTO LIABILITY Any Auto $1,000,000 Bodily Injury and Property Damage, Combined Single Limit. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WC: Statutory Workers' Compensation EL: $1,000,000 Each Accident $1,000,000 Disease -Policy Limit $1,000,000 Disease -Each Employee CATASTROPHE LIABILITY $5,000,000 Each Occurrence $5,000,000 Aggregate EMPLOYEE DISHONESTY $500,000 25C-77 EXHIBIT "A" TURF MAINTENANCE FAC/L/TYSERV/CES 1. Maintain all turf areas in healthy and attractive condition by weeding, mowing, trimming, edging and other necessary operations including fertilization, pest and disease control and replanting or reseeding as necessary. 2. Mow and edge all turf areas weekly, remove and dispose of all cuttings. Trim around all sprinklers to provide maximum water coverage. 3. Irrigate as necessary in order to maintain proper growth and appearance. 4. Maintain lawn areas in a weed-free condition using either manual or chemical methods. 5. Fertilize lawn areas with a slow release, well- balance fertilizer a minimum of four times per year to maintain a lush, green appearance. 6. Turf areas adjacent to walk, curbs, paved areas, fixtures and shrub or ground cover areas will be trimmed to maintain a neat appearance. Care will be exercised when using power equipment. SHRUB AND GROUND COVER MAINTENANCE 1. Trim and prune all shrubs to maintain a neat and well-groomed natural appearance. 2, Trim and edge as necessary to restrict growth from encroaching on walkways and other adjacent areas. 3. Fertilize and amend all shrub beds and annual bedding areas a minimum of four times per year. 4. Irrigate as necessary to maintain proper growth and appearance. 5. Maintain shrubs and ground cover areas in aweed-free condition using either manual or chemical methods. 6. Replacing and/or reseeding of all bare spots or weak areas will be done as necessary. 7. Cultivate and rake clean bare areas at least once a month. 8. Prune all plant material so that all traffic control or other signs are clearly visible. Initial Initial 25C-78 FACIL/TY SERVICES SLOPE COVER MAINTENANCE/IVY Weed-whip, hand-pull or chemically treat weeds at any time they appear on slopes and become a detriment to appearance. 2. Exercise care in weeding of slopes so as not to damage other trees and shrubs incorporated into the plant mix. 3. Irrigate as necessary to maintain proper growth and appearance. 4. Fertilize all slope areas a minimum of two times a year. TREE MAINTENANCE Pruning of trees that do not exceed 15 feet in height on asemi-annual basis to maintain a neat and well-groomed natural appearance. DMS Landscape Services will provide pruning proposals over and above this amount for trees taller than 15 feet in height. 2. Remove damaged branches back to the point of breakage. 3, Tree stakes, and ties will be checked and corrected as needed. 4. Fertilization will be done as necessary a minimum of (3) three times per year. IRRIGATION MAINTENANCE Maintain the irrigation system in an operable condition at all times. Check the entire system for efficient operation at least once per month. 2. Maintain all sprinkler heads in a good working order including adjustments for proper coverage and adjusting the height of risers to accommodate plant growth, 3. Maintain all automatic irrigation controllers in accordance with manufacturing recommendations. Inspect controllers on a monthly basis for correctness of timing operation and scheduling as required for proper irrigation. Use repeat cycles to ensure maximum penetration with minimum run-off, thus conserving water. As a general rule, normal; irrigation operation will be between 9:00 P.M. and 6:00 A.M. 4. Keep all irrigation control valves free of silt and debris. Initial 0 Initial 25C-79 FAC/L/TY SERVICES GENERAL MAINTENANCE AND ADDITIONAL INFORMATION 1. Remove all leaves, litter, weeds in hardscape, and all other debris from walkways, curbs, gutters, and landscape areas, and dispose off- site. 2. Blow or sweep all above-mentioned areas after completion of mowing, trimming, edging, weeding. 3. Inspect all landscape areas on a monthly basis for pest, rodent and disease problems, Control by approved method whether chemical or mechanical, conforming to all safety rules and regulations regarding the use of pesticides and chemicals as prescribe by the State of California. 4. Maintain all drainage systems free of siltation, litter or other collected debris at all times. A complete check of the entire drain system will be done on asemi-annual basis to assure proper drainage. 5. Upon request and prior to commencement of the contract, the owner of the project will be provided with a list of emergency phone numbers for contact outside of normal business hours. 6. Due care will be exercised in protecting from damage all existing facilities, structures and utilities, both above and below ground. 7. All employees shall wear or have some method of employee identification such as company shirts or hats at all times while on the owner's property. 8. Proof of current conformance to the owner's insurance requirements shall be provided. 9. The owner shall be notified of any badly damaged plant material or equipment. 10. All equipment and/or plant material damaged as a result of DMS Landscape Services negligence wilt be repaired or replace promptly at no cost to the owner. 11. All damage to equipment and/or plant material not resulting from DMS Landscape Services shall reported promptly to the owner with an estimate of costs for correction (if required). 12. Repairs due to normal wear will be charged at a cost plus 15% basis for material only. 13. Repairs due to vandalism or acts of nature, which DMS Landscape Services has no control over, will be charged at cost plus 15% plus labor at the rates specified herein. 14. Additional labor, if required, for repairs or extra work will be charged at the following rates: - Irrigator $38.00 Per Hour • Laborer $25.00 Per Hour 15. Twelve general inspections with Owner/Manager Representative, DMS Representative or Area Supervisor per year will be conducted. Initial Initial 25C-80 1 FAC/CITY SERVICES LANDSCAPE MAINTENANCE AGREEMENT This contract is a binding agreement by and between DMS Landscape Services and Parks, Recreation and Community Services AgencylCity of Santa Ana for the purpose of providing landscape maintenance as set forth in this Agreement. INTENT The intent of this contract is to insure that the below named project receives continuous quality maintenance to all landscape areas within the project boundaries. DMS Landscape Services will perform this service in a timely, clean, orderly, safe and professional manner. DMS Landscape Services will provide adequate supervision and support system in order to perform specific services, as well as monitor and correct potential and existing related problems. LOCATION COVERED BY THIS AGREEMENT PROJECT NAME ~ ADDRESS BILLING ADDRESS City of Santa Ana Parks Parks Recreation and Community Services Agency 888 W. Santa Ana Blvd 2~d Floor Santa Ana CA 92702 YEARLY RATE: $371,800.00 TERMS AND CONDITIONS This contract is for a period of one (1) year commencing on and terminating on However, any changes in Local, State and Federal taxes in insurance affecting payroll will be subject to review by Parks, Recreation and Community Services Agency/City of Santa Ana for purposes of contract adjustment. The contract may be canceled by either party upon serving thirty (30) days prior written notice. Should said term expire and no written termination effected, Agreement will continue on an annual basis with all terms and conditions in full force and effect. 25C-81 FAC/L/TYSERV/CES SCOPE OF WORK Refer to the services as described in Exhibit "A" attached. QUALIFICATIONS Work day schedule -Contractor recognizes the following holidays: 1. New Year's Day 2. Memorial Day 3. Independence Day 4. Labor Day 5. President's Day 6. Thanksgiving Day 7. Christmas Day If a regularly scheduled maintenance day coincides with one of the above holidays, DMS Landscape Services will make up that day's work on the next regularly scheduled visit. This document and attachments serve as the Entire Agreement by and between both parties herein referred to and any changes must be in writing and signed by an authorized agent of both parties. The owner/representative of the above named project will pay DMS Landscape Services on or before the tenth (10th) day after receipt of the invoice each month. DMS Landscape Services agrees to perform the services and agrees to accept said sums as payment in full, as described herein and in Exhibit "A" attached. Agreed & Accepted By: DMSIANOSCAPE SERVICES nature Assistant La Agreed & Accepted By: OWNER/REPRESENTATIVE Signature April 6, 2009 Date Date 25C-82 04/03/2009 00:16 FAX 9496610493 PSFM,INC. f~ 002/004 - Pro~essionai Snots Field aiRtena~ce l~rc 33 Emerald Glen Laguna Niguel, CA 92677 949-661~049.~ CL #919290 Statement x erierice A,~er more than 10 years of personal experience in maintaining softball fields for various City leagues and girls fastpitch travel teams, Professional Sports Field Maintenance, Inc. (PSFM), was created in 2001. I saw a need to provide superior quality and reliable services that a vast majority of Cities in Orange County and others lacked. Although we are a licensed C-271andscape contractor, we do not provide general landscape services. Our sole focus is baseball and softball fields, Our equipment is "state of the art" ballfield equipment. VVe don't use golf carts or small utility vehicles to groom the playing surface. Our trailers are fully equipped at all times to insure we have the correct tools to handle any situation that we might encounter. Our Laser ~.erreling system is designed for infields, providing a smooth playing surface with proper drainage. Virtually every aspect of installation, repair and replacement that can be required on a ballfield we have completed. Over the past eight yeaxs we have built new fields, removed existing material and installed new infield mix, repaired turf edges, installed infield watering systems along with replacing base anchors, pitcher plates, home plates and of course provided routine field grooming and mowing. 'VVe do not use subcontractors for our services whether it is rebuilding mounds or laser grading, unlike our competitors. Oux staff is our most valuable asset. 'T'hey are trained constantly and attend various education seminars to stay alert to new products, equipment and methods. They are compensated with a salary and therefore have no need to rush to complete their duties. Don Bordelon President FSFM, Inc. 25C-83 oa/o3t2oo9 00:18 FAX 9496610493 PSFM,INC. 1003/004 -- Profeslnna~ Snorts Meld MU~tenance 1nG 23 trm~rald Glen Laguna Niguel, CA 92677 949-66l-049 CL# 929290 ~teference List City of. Tustin Dave Wilson Director of Parks & Recreation Services Offi'ice 714-573-3329 Ce11714-904-41 b9 City of Laguna Niguel John .Banks Deputy Recreation Director Office 949-425-5100 Ce11949-795-5278 City of Dana Point Brian McClure Parks Manager Cell 949-337-051 S Jonathan .Boxdorfer Sports Program Specialist Office 714-573-3335 Cell 714-822-6334 Jack Payne Field Maintenance Supervisor Office 949-425-5100 Ce11949-795-124b 25C-84 04/03!2009 00:16 FAX 9496610493 PSFM,INC. I~j004/004 - Prolesslonal S arks Field MaM~enance Inc 23 Emerald Glen Laguna Niguel, C.4 92677 9d9-6d1-0493 CG# 929290 Ot~~anization Chart for City of Santa Ana Ballfield ll~aintenance Don Bordelon President Jesus Moreno Foreman Jammer Diaz Arturo Moreno Ken Waller Groundskeeper Groundskeeper Groundskeeper 25C-85 IV. C®N'I'RACTOR'S REFERENCES These sheets must lbe completed in full and returned with contractor's proposal. List and fully describe three contracts performed by your company, which demonstrate your ability to provide services in accordance with the specifications included in this RFP. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your company's qualifications. Reference No. 1 Customer Name: The Irvine Company Address: 7575 Irvine Center Dr. Contact Individual: Clint Collins Phone Number: 949-720-4424 ContractAmount: $74,000.00 monthly Year: 2007 -current Description of equipment and services provided: Ongoing monthly maintenance of properties. Reference No. 2 Customer Name: City Of Yorba Linda Address: 4845 Casa Loma Contact Individual: Brian Waterbury Phone Number: 714-961-7170 Contract Amount: $26, 552.00 monthly yew-: 2000 -current Description of equipment and services provided: Ongoing monthly maintenance of properties Reference No. 3 Customer Name: City Of Corona Address: 400 S. Vincentia Ave. Contract Amount: $10 , 7 65.00 Contact Individual: Linda Degan Phone Number: 951-739-4969 Year: 2000 -current Description of equipment and services provided: On oing monthly maintenance of properties. 7 25C-86 VI. PROPOSAL F®R1VI The undersigned contractor agrees to provide park landscape maintenance services in accordance with the specifications. I/We have stated herein the services and fees that I/we will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section III. Where there is a discrepancy between words and figures, words shall govern. The City of Santa Ana reserves the right to cancel any agreement in the event that terms of this agreement are violated. DMS FACILITY SERVICES Name of Contractor (Person, Firm, Corp.) ~" 1 ~.~ ;~ 'Signature of Authorized Rep. 1 2320 S. PULLMAN ST. Address SANTA ANA, CA 92705 Address 949-975-1366 ext. 206 Telephone Number JEFF WILLIAMS -ASSISTANT LANDSCAPE MANAGER Nam an Title (Please Print) ~ ~ ~~~~ Date Jeff.Williams@dmsfacilityservices.com E-Mail Address 9 25C-87 American Contractors Indemnity Company 9841 AIRPORT BOULEVARD, 9~ FLOOR, LOS ANGELES, CA 90045 (310) 649-0990 BOND NO. 205 756 PREMIUM S ~ BID DATE: 04/06/09 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, DMS FACILITIY SERVICES, INC. (hereinafter called Principal), as Principal, and American Contractors Indemnity Company , a corporation, organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of CALIFORNIA (hereinafter called Surety), as Surety, are held and firmly bound unto CITY OF SANTA ANA, CA (hereinafter called Obligee) in the penal sum of TEN percent ( 10 %) of amount bid not to exceed FORTY THOUSAND AND 00/100 DOLLARS Dollars ($ 40,000.00 ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for PARK LANDSCAPE MAINTENANCE SERVICE NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, then this obligation shall be void. If the Principal shall fail to do so, then the undersigned shall pay the obligee the damages which the obligee may suffer by reason of such failure up to and not exceeding the penal sum of the bond. SIGNED, SEALED AND DATED THIS 6th DAY OF APRIL 2009 DMS FACII,ITY SERVICES, INC. PRINCIPAL BY ~ ~ .5~ ~iutT"r American C ntr for Indemnity Company By: ~_ M' ael R. angan Attorney-in-Fact L ~ ~ ~ ~ ~ HCCSZZ220B06/O4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LoS Angeles OnApxl 6, 20Q9 before me, Kendra Banks, Notarv , Date Here Insert Name and Title of the O leer personally appeared Michael R. Langan Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to ~-•---•----•-••••••--••----- - be the person(s) whose name() is/sore subscribed to the ,., ~ within instrument and acknowled ed to me that I KENDRA BANKS ~ ~ g N ~ COMM, ~ X~66~50 a he/Si~/lle~ executed the same in his/I~/~ir authorized ~ '°~°~ ~ ~, NOTARY Pt19LIC • CALIFORNIA N capacity(i~s), and that by his/faer~tiAei+' signature(s) on the "~ LOS ANGIELHS COUNTY ~ f..... ~ My Gomm. Exp)r®o ~Qot. 9, instrument the person(~j, or the entity upon behalf of • ~~~~•"""""" ~0}} f which the person(~j acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNES h nd and offic~~l seal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~~d ' Borid Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: N~iGhael R, L~ngari Signer's Name: ^ Individual ^ Individual O Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ~ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: ~m~Y'; man f'c~n r r•tnrG Indemnity Com~an~_ ". Top of thumb here ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General _ ^ Attorney in Fact • ^ Trustee Top of thumb here ^ Guardian or Conservator ^ Other: Signer Is Representing: ®2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-676-6627 25C-89 _ -- American contractors Indemnity Compa_n_ y - - - 9841 Airport Blvd., 9`" Floor Los Angeles, California 90045 _ = POWEK OF ATTO~tNE=Y KNOW ALL=MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation, d_ oes hereby appoint, MicltaetR. Langan of Pasadena, California its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity_ and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed $ *******1,863,000.00****** This Aower~f Attorney shall expire without further action on 1Vlarch 18 =20I°i This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6~' day of December, 1990. "RESOLVED that the Chief Executive-Offtcer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have the pow and authority 1. To Appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the-Company, and attach the seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney-in-Fact and revoke the authority given. RESOLVED FURTHER, that the signatures of suc{t officers and the seal of the Company may be affixed to any such Power _of Attorney or certificate relating thereto by facsimile,;.and anysuch Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any suchpower so executed and certified by facsimile signatures and facsimile seal sha17 be va_ lid and binding. upon the Company in the future with respect to any bond or undertaking to which it is attached. " IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Presideht on the 9`h day of October, 2007. Vo~Za,pCTO,~~yG AMERICAN CONTRACTORS INDEMNITY COMPANY s i~olroR,->FO a; SEP7: 26-1991 ~ .I~~~~~ " 1 #"~" B ..~~---------__ STATE OF CALIFORNIA ~• •~ § y~ Adam S. Pessin, President COUNTY OF LOS ANGELES On this 9th day of October, 2007, before me, Deborah Reese, a notary public, personally appeared Adam S. Pessin, President of American Con_tractors3ndemnity Company, personally known to me (or proved to me on the basis=of satisfactory evidence) to be the person(s) whose nane(s~is/a>`e sabscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized: capac~ty(ies); -and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES~S/my ha/nd and gffical seal. .Signature of ~Totazy M~=Commissonexpires March 18. 2011 Comm~ssio~~ 1M6Z11 NWory thibsc - CaiWmla lot Atp~tos CouMY 1 ~,M,CoMr~6~t~sMate.201t I, 7eannie J:-Kim, Corporate Secretary of American Contractors Indemnit~Company,~ib hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor thesesolutan ha~!e=been revo/ked and they are now in full force and effect. IN WITNESS HEREOF, Ilave hereunto set my~and this lp~h day of /gp/e/ L _ 200. -Bond No = 20 rj 7 ~ /o Jeann J. Kim, Co orate Secretary AgencyNo X129 - 2 ~ ~ ~ `/ 0 x~~. roni irosro~ _ ~~;. N „L, -`r 1C f ~. _~ c~ x 7 25C-9~• 00 ~7 O~ C n ? w N y ,~ n w n' N ~ p CC ~ ~1. K ~ ~ a ' ~ a ~ y a ~ ~ ~ ~ w~ n . a. a o a ~ a ~ a: y ~ ~ ,~ r" ~ _ y• w• ~ ~• ~ ~ y ~ rF y ~ p nl ~ ~ ~ y wi 0 ~ r O a .y ` ° O 3 v ,~ (/1 b r- O `~ y G a' ~ Ui In Ui N Ui i~ W N In O W In N O ~ W In O O O O O O lr O O O In O O O O O O C 'S ~! A 'til ~ Q a ~ Q 0 N N .* Cr1 25C-~2 LANDSCAPE AND MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this l 8`~ day of May, 2009 by Merchants Landscape Services, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of high- level park landscape maintenance comparable with standard industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform landscape maintenance services for Santa Ana Parks, District 2, as set forth in City's Request for Proposal 09-006, dated February 27, 2009, incorporated by reference to this Agreement, the Specification for Routine Maintenance, attached hereto as Exhibit A, and Contractor's Proposal dated Apri16, 2009, attached hereto as Exhibit B. Said maintenance includes the baseball/softball diamond maintenance, which Contractor has subcontracted to Major League Softball. 2. CITY INSPECTION The Executive Director of the Santa Ana Parks, Recreation and Community Services Agency, or his designee, shall regularly inspect the parks, playgrounds, fields and other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the agreed manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated costs of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per Park not meeting the Specifications during any such inspection. 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not 25C-93 exceed $682,770.00, plus a fifteen percent (15%) contingency for a total amount not to exceed $787,045, annually, during the term ofthis Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed during the prior month, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on July 1, 2009 and terminate on June 30, 2010 unless terminated earlier in accordance with Section 12, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. The term may be extended for up to four additional one-year terms at the sole discretion of the City. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term ofthis Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter ofthis Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance ofthis Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of 2 25C-94 the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (l) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services provided by Contractor pursuant to this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, 25C-95 electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certifi7ed mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: and Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. BOX 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: Merchants Landscape Services, Inc. 1639 E. Edinger Avenue, Suite C Santa Ana, California 92705 Telefacsimile (714) 972-3185 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication 25C-96 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, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail, followed by the provisions of Exhibit A. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 13. TERMINATION AND DAMAGES This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. b. Material Breach: If the Director determines the Contractor has failed in the performance of its duties and/or schedule as provided, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity including but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or another contractor at Contractor's expense, as determined by the Director. Contractor shall be responsible for all costs resulting from breach, including incidental and consequential damages. In the event of a material breach, which 25C-97 remains uncured after five (5) days notice to Contractor, City may terminate this Agreement upon thirty (30) days written notice of termination. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses ofthis Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason ofthis Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term ofthis Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination ofthis Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms ofthis Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body ofthis Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager 25C-98 APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney MERCHANTS LANDSCAPE SERVICES, INC. By: Laura Sheedy Assistant City Attorney MARK BROWN President Tax ID# EXHIBIT A SPECIFICATION FOR ROUTINE MAINTENANCE I. GENERAL CONDITIONS A. FUNCTIONS AND RESPONSIBILITIES 1. City -Director's Authority The Director is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director. In the event that the Contractor effects any such changes at the direction of any person other than the Director, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, not involving extra cost. When the performance of the work or completion per schedule is determined to be sub- standard, he may (1) recommend that all or a portion of payment be withheld, and/or (2) direct the work be accomplished by either City forces or separate contractor, in order to complete the necessary work as close to schedule as possible, and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director, or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. 25C-99 2. Contractor a) Local Office The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. b) Submittals Prior to performing, Contractor shall submit to the Director for approval: 1) a detailed annual, monthly and weekly work schedule; 2) time sheets of employees assigned to the contract areas; 3) names and titles of all persons working on the project and their qualifications; 4) and equipment, materials and/or chemicals to be used on the project. The information contained in the above referenced documents shall be updated with any new information as available. The Director shall be immediately notified of any changes to the above information. c) Uniforms and Vehicle Identification The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, vests and ANSI approved safety shoes. All uniforms will be marked with some form of company logo or other form of identification. All vehicles and equipment on the project site shall be in operable and working condition, clean appearance without visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name clearly identified on the right and left side doors. B. SAFETY REQUIREMENTS All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. In the event unsafe work is observed by City staff or otherwise reported, the Director may at his discretion order Contractor to stop performing and pay all costs and or damages resulting from the delay. C. SAFETY NOTIFICATION If Contractor identifies a potential safety issue, Contractor shall: I . Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" trame barricades or equal substitute around the condition. 2. Notify the Director of the condition first by phone and then in writing (e-mail is acceptable) including digital photographs of the potential safety concern if possible. s 25C-100 Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. D. UNDERGROUND ALERT SYSTEMS Underground Alert Systems (telephone number 1-800-422-4133) must be notified 48-hours in advance prior to any excavation work. . E. PROPERTY DAMAGE Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. F. ACCESS TO PRIVATE PROPERTY Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and/or consent required fro-n City and/or property owner. G. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre- approved for removal. TRAFFIC CONTROL The Contractor will not interrupt traffic flow on City streets. In situations where it is necessary to restrict traffic flow, the Contractor will contact the appropriate City department and obtain all necessary permits and/or consent from the responsible public agency. H. MONTHLY REPORTS Prior to the first day of each month the Contractor shall submit the following reports: 1) employees daily work schedule by location and crew/task(s); 2) pesticide use report that was forwarded to the Agricultural Commissioner's Office; 3) irrigation report; and, 4) "green waste" recycling report. I. WATER COST City will pay for water used by Contractor pursuant to this agreement up to a specified amount detailed in a monthly Estimated Applied Water (EAW) report (see Attachment 6). Should the amount of water applied exceed the monthly EAW then the Contractor shall pay the cost of the excess water. lI. GROUNDS/LANDSCAPE MAINTENANCE SPECIFICATIONS 9 25C-101 A. DEFINITIONS 1. "Director" shall mean the Executive Director of Parks, Recreation and Community Services or designated representative. 2. "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 3. "Weed" shall mean any undesirable or misplaced plant. B. SCOPE OF WORK It is the intent of this agreement to continually improve the quality of the facilities. The Contractor shall provide all labor, training, materials, tools, equipment, transportation, hauling, dumping, fertilizers, pesticides, chemicals and other items needed to perform high quality grounds/landscape maintenance pursuant to the terms defined herein. The Contractor shall provide all grounds/landscape maintenance at work sites listed herein, including, but not limited to pruning/trimming, shaping and training of trees, shrubs, and ground cover plants, removing and controlling weeds, controlling plant diseases and pests; mowing turf, edging turf and ground cover; irrigating plant material; maintaining and repairing irrigation systems; removing trash and debris; ball diamond maintenance; picnic area maintenance; tot-lot maintenance; and, other services required to maintain the work sites in a safe, attractive and useable condition. The Contractor shall maintain all plant material in a healthy and beautiful condition using the best industry/ horticultural accepted standards for growth, color, and appearance as determined by the Director. Scheduling of Work -Contract Start-up The Contractor shall, within six (6) months after commencement of services, bring all sites subject to this Agreement to the level set forth in the specifications as follows: a) Turf -Aerate and fertilize all turf using Nitra King 19-4-4 at one (l) pound of actual nitrogen at one pound per 1,000 square feet. All weeds shall be treated using selective post emergent herbicides until weeds are eradicated. Dallas Grass shall be eradicated using broad spectrum post emergent herbicide. b) Shrubs -Fertilize using Nitrl King 19-4-4 at one (l) pound of actual nitrogen at one pound per 1,000 square feet. Diagnose and treat all diseased or unhealthy plants. Prune shrubs. Provide report of diagnosed/treated plants. c) Groundcover -Plant new groundcover every 12" triangular spaced to fill in bare areas. Fertilize using Nitra King 19-4-4 at one (1) pound of actual nitrogen at one pound per 1,000 square feet. d) Trees -Prune all trees to specification. Establish tree rings. e) Irrigation -Perform start-up irrigation system check and repair all heads, swing joints and lateral lines, raising and adjusting heads/nozzles as necessary. ~o 25C-102 Provide proposals to perform extra work for valve; main line, field wire, backflow prevention devices, etc. repairs. f) Mulch -Install Aguinaga Black Forest mulch size 0" to 1-1/2" or approved equal '/~" thick in all planters, designated tree rings and other designated areas. g) Pavement Cleaning=Perform hardscape pressure washing per Section B.2.9.c of routine maintenance specification. h) Contractor understands that it is assuming maintenance responsibility of the parks/locations "as is" and is responsible for improving all aspects of the parks, irrigation system, hardscape, turf, ground cover, plants and all other areas to the quality described in these specifications, at no additional cost to the City, during the 90 day start-up period. i) Rebuild pitcher's mounds and batters boxes using Hilltopper by Stabilizer Solutions for ball diamonds with sport turf infields. Use Ballyard by Stabilizer Solutions on ball diamonds with skinned infields (with no turf). Batters boxers shall be 3" thick. Pitchers mounds shall be a 3" thick cap of material over a compacted the standard infield mix. 2. Scheduling of Work -Routine Maintenance a) The Contractor shall provide landscape maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified only with the Director's consent. Landscape maintenance that generates excess noise cannot begin before 8:00 a.m. b) The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. Schedules listing the name and size of specific crews performing daily, weekly, monthly, annual and periodic maintenance shall submitted to the Director each month. A copy of these schedules shall be provided to the Director prior the performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification. Each person/crew will be identified and list the number of employees by job classification. Once the initial schedule of "routine work" is completed the Contractor shall notify the Director in writing before any changes are made. c) The Contractor shall establish a schedule of renovations, pruning/trimming and other infrequent operations. A copy of this schedule shall be provided to the Director prior to performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. Once the initial schedule is completed the Contractor shall notify the Director in writing before any changes are made. Work Force 25C-103 a) Contractor's supewisory personnel (Supervisors) shall have a combination of five years experience or education in Ornamental Horticulture, Landscape Architecture, Irrigation Technology or related science. Supervisors shall also possess landscape/grounds management skills required to implement modern methods and newly developed horticultural and arboriculture procedures and/or practices. Supervisors shall accompany the Director on weekly inspection tours of the contract sites. During the tour the Supervisor shall indicate the work completed the previous week, any changes that were made or are being contemplated and the work scheduled for the upcoming week and month. b) The Contractor shall provide a Certified Irrigation Specialist in each district who possesses, at minimum, a Certificate in "Ornamental Horticulture Certificate of Proficiency Specialization in Landscape Irrigation" or holds a current California Landscape Contractors Association "Certified Landscape Technician" certificate to manage each sites irrigation systems controller programming, performance and maintenance including, but not limited to, performing all irrigation checks/report writing and to perform repairs and/or, modifications to the irrigation system. You proposal will be evaluated on the qualifications of this individual and the amount of FTE's you assign to each district. c) The Contractor shall insure that all staff has a minimum of two years of landscape maintenance experience or education. d) The Director may request that the Contractor perform additional work or services to meet the performance standards required by this Agreement. e) Director may require Contractor to remove any employee from work sites at his or her discretion. 4. Materials a) The Contractor shall submit to the Director a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturers data that may be pertinent. The list must be submitted before any materials/chemicals are used pursuant to this Agreement. b) The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: (1) All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep lawns, trees, shrubs and other plants in a healthy and vigorous growing condition. (2) Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed 12 25C-104 analysis, and brought to the job site in the manufacturer's original container. (3) Tree stakes, tree ties and guy wires shall be of materials matching those existing at the work site or as specified by the Director. 5. Recycling All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SANG) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed compositors/green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. C. ROUTINE MAINTENANCE Routine maintenance shall include but not be limited to the following services performed at the Work Sites listed in Exhibit E. Turf Care Turf care shall be differentiated by the two types of turf - "Casual Turf' and "Sport/Priority Turf (see site maps in Attachment 2 that identify the areas for each type of turf). Note that the ball diamond infield sub-contractor shall perform all maintenance of turf inside the infield arc line. This includes the infield turf and the foul territory turf. a) Mowin All "casual" turf (non-sport/priority turf) shall be mowed: 1) weekly May 1 through October 31 and, 2) every other week November l through April 30. The Contractor shall use a tractor powered reverse flail mower for the larger open turf areas, a 52" mower and a small walk behind mower for areas between trees and other park amenities. The Director shall determine height of cut. String trimmers are not allowed for mowing turf. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. (1) All "sport/priority" turf as described in Attachment No. 2 shall be mowed once a week all year. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. The Contractor shall mow the sport/priority turf areas at 3/a" to I" using a power driven fairway reel mower and a walk behind reel mower along skinned infield brickdust areas, turf infields, turf infield foul areas, soccer/football fields, soccer/football out of bound areas. The Director's Representative shall direct the Contractor to mow the sport/priority turf lower than 3/4'' to 1 " if necessary. Note that the ball diamond infield maintenance sub- 13 25C-105 contractor shall be responsible for mowing turf infields and other designated ball diamond turf areas. (see Attachment 1). (2) The Contractor shall maintain mowers that provide a smooth, even cut without ridges or depressions and without tearing of the leaf blades (caused by unsharpened mower blades). Mowing shall be performed at the speed the mowers manufacturer specifies to maximize quality of cut. Mowing shall be performed with straight and flowing patterns approved by the Director's Representative. The emphasis will be on quality mowing vs. speed and unprofessional patterns. From time to time the Director will direct the Contractor to change mowing pattern to minimize rutting and compaction. The Contractor shall mow grasses and broadleaf plants once per month in the Santiago Park Day Camp (Nature Reserve) meadow area. b) Ed~inQ and Detailing All edging shall be performed with the use of a McClain's edger or approved substitute. Stick edgers ace not allowed. Contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas. Edging/detailing shall be performed at the same time mowing occurs. Chemical detailing of turf may occur with the Director's approval. If chemical detailing is performed, the Contractor shall use the string trimmer to remove the treated turf within one (1) week after symptoms of phytotoxicity become recognizable. (1) The Contractor shall use the McClain's edger to edge straight lines along fences, walls, or long flowing arcs. The Director's Representative may require the Contractor to use string lines to edge straight lines if the Contractor's staff fails to achieve this quality without this method. (2) The Contractor shall detail around trees, along walls/fences and other park amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform the Director shall direct the Contractor to repeat the detail process. (3) The Contractor shall detail turf not greater than 10" away from walls or fences. Detail lines shall be made straight and shall be maintained straight. The Contractor shall, at his own cost, supply top soil and an approved turf seed to reduce any existing bare soil areas along walls/fences that are greater than 10". c) Fertilization (1) Casual Turf -Contractor shall apply fertilizer three (3) times per year at a rate specified in the City's Agronomic Plan (see Attachment 3) with 14 25C-106 Nitra King 19-4-4 during fall-winter and Lesco 39-0-0 during spring- summer months. (2) Sport Turt%Priority -Contractor shall apply fertilizer six (6) times per year per the City's Agronomic Plan" (see Attachment 3) using a complete or approved fertilizer. The rate of application shall be at a rate specified in the City's Agronomic Plan. The Director may request proof of fertilizer application in the form of empty fertilizer bags. d) Irrigation-all turf (l) Contractor shall ensure irrigation schedules are constantly monitored to provide adequate moisture in the soil for healthy turf, and avoid excess wet conditions. (2) Contractor shall not schedule irrigation of sports fields at least 24 hours prior to the mowing process. During cooler periods of the year avoid irrigating 48 hours prior to the mow procedures to ensure a quality cut of the turf. (3) Under normal conditions the contractor shall not schedule irrigation on Friday and Saturday nights to avoid wet conditions during weekend usage. Prior approval will be required to irrigate during weekends to coordinate with reservations. (4) Turf areas shall be watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall turf areas show a lack of green color or a loss of resilience due to lack of water. If Contractor estimates additional water above and beyond the monthly Estimated Applied Water (EAW) may be needed, he/she shall request approval from the Park Service's Utility Coordinator prior to exceeding the monthly irrigation budget as detailed in the Monthly Water Conservation Report Estimated Applied Water (EAW) requirements (see Attachment 6). Failure to get approval from the Park Service's Utility Coordinator prior to exceeding the monthly irrigation budget will result in the Contractor to pay for the excess water. (5) When an irrigation system does not adequately provide water to the turf area in which it is installed, due to any reason including but not limited to controller failure, valve failure, broken heads, poor system design, etc., the Contractor shall provide supplemental irrigation at no extra cost to the City. The Contractor may use any reasonable means necessary to uniformly irrigate turf areas. (6) Should the Contractor not respond to signs of turf stress immediately, the Director, in his sole discretion, may dispatch his own staff to remedy the stress and deduct the cost form the monthly invoice submitted by Contractor. 15 25C-107 (7) Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed not to exceed the EA W. In the event that Contractors water consumption exceeds the EAW City may deduct said overages from the Contractor's monthly invoice. (8) Contractor shall ensure that all staff working on irrigation possess one of the following certifications: a. California Landscape Contractor's Certified Landscape Technician Program b. Fullerton College Certificate of Proficiency in Landscape Irrigation c. UC Riverside Certificate in Landscape Irrigation e) Weed Control-all turf The Contractor shall keep all turf, casual and sport/priority turf, free of all turf type weeds, especially Dallis Grass, Goose Grass, Poa Annua, Neddle Grass and broadleaf weeds at all times. The Contractor shall, along with the monthly Pesticide Use report, submit a written schedule for weed abatement in turf specifying the method, day and location where weed abatement will be performed. The Director's Representative will review and approve written schedule taking into consideration the park's use. (l) Contractor shall apply approved pre-emergent herbicides to all turf areas in order to control the germination of noxious weeds i.e. Dallis Grass, Goose Grass, Crab Grass, Nutsedge, Plantain, Oxalis, etc. (2) Should turf type or broadleaf weeds germinate, the Contractor shall control the weeds immediately upon recognition by way of selective and/or broad-spectrum post emergent herbicides approved by the Director. f) Replanting-all turf (1) Should turf begin to stress for any reason, Contractor shall begin applying supplemental water and shall overseed these turf areas using La Prim XD (spring/summer) or Stover Seed Grand Slam perennial rye (fall/winter) seed at the manufacturer's recommended rate and process. (2) The Contractor understands and accepts that at the beginning of the agreement there nay be existing turf areas that are thin or bare. The Contractor, by entering into the agreement, shall routinely and at no extra cost to the City, repair thin or bare turf areas by overseeding with approved seed until a thick healthy stand ofturf is established. (3) Contractor also understands and accepts that Santa Ana is a very heavily used park system, including increased foot traffic, athletic play, and other uses. g) Aeration t6 25C-108 The Contractor shall aerate all turf areas, casual and sport/priority turf four (4) times per year in March, June, September, and December. An aerator that will remove soil plugs and deposit the cores on the surface of the turf shall perform aeration. Once per year, the contractor shall use a deep tine aerator and cores shall be pulled to a depth of 6". Three times per year a drum aerator using 7" shatter knives shall be utilized. h) Sport/Priority Turf Renovation (1) Once (1) per year during the spring/summer or the fall/winter (as determined by the Director) the Contractor shall renovate sport/priority turf using: (a) spring/summer - LaPrima XD seed at six (6) pounds per 1,000 square feet in bare areas and four (4) pounds per 1,000 square feet where turf exists; (b) fall/winter -Stover Seed Company Grand Slam see at eight (8) pounds per 1,000 square feet This shall be accomplished by mowing the existing turf down to '/4" followed by verticutting (straight blades) to remove thatch. Prior to seeding the contractor shall have the irrigation system functioning properly and have a plan to provide supplemental irrigation as necessary to germinate the seed to 100%. The field shall be top dressed prior to seeding to provide a 100% flat playing surface. (2) Once per month after the initial seeding process is completed the Contractor shall overseed with at a rate of one (1) pound per 1,000 square feet by mowing the existing turf down to 3/4" followed by verticutting (straight blades) to remove thatch. (3) The Contractor shall guarantee uniform germination/100% coverage free of non-germinated areas within three (3) months from the time the first application of seed or will sod any thin or bare areas with Pacific Sod Greg Norman 1 Hybrid Bermuda sod or Pacific Sod Greg Norman 1 Hybrid Bermuda Sod that has been "cropped over" with perennial rye grass. Director shall determine sod based on availability/season. 2. Ground Cover Care a) Edging and Detailing (1) Ground cover beds shall be maintained within their intended bounds and edged and/or detailed the first week of every month to keep the beds looking manicured at all times. (2) Ground cover shall not encroach into lawns, shrubs, adjacent desirable bare areas, curbs, wall fixtures, furniture, beneath and/or into other plants, etc. All sites shall be cleaned following each edging/detailing, including streets. t~ 25C-109 b) Mulching of Bare Areas In all groundcover areas where bare soil is visible or where the groundcover is thin so the soil is visible, the Contractor shall apply an approved mulch, size 0" to 1 ''/z", Yz" thick minimum every other month starting in January during the third week as necessary to maintain uniform and complete coverage. Mulch is to be maintained within its boundaries. c) Fertilization The Contractor shall fertilize all groundcover areas three (3) times per year in April, August, and December at two (2) pounds of actual nitrogen per ],000 square feet using a slow release fertilizer using JTM Nutrients Complete 8-2-4 soil conditioner plus NPK slow release fertilizer at a rate of eight (8) pounds of actual nitrogen per 1,000 per square feet. d) Replanting -Premium Plant Material The Contractor shall plant each year, in any area determined by the Director, 2" plugs of premium plant species at appropriate spacing so as to achieve complete coverage once the plant is 2/3rds mature. The Contractor shall be responsible fo-- the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. See Attachment 7 for plant cap. e) Replanting -Standard Plant Material The Contractor shall plant each year, in any area determined by the Director, 64 count flats of standard plant species at a appropriate spacing so as to achieve complete coverage once the plant is 2/3rds mature. The Contractor shall also be responsible for the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. See Attachment 7 for plant cap. Shrub Care a) Pruning/trimming All shrubs growing in the work areas shall be pruned such that the plants remain in a healthy growing condition. Plant growth shall be maintained to prevent overgrowth into passageways, walks, streets, view of signs or in any manner deemed objectionable by the Director. Dead or damaged limbs shall be removed so that no projections or stubs remain. Pruning/trimming shall be done by hand shears or Toppers in a manner to permit plants to grow naturally in 18 25C-110 accordance with their normal growth characteristics. `Box hedging" may be required on some shrubs, as set designated by the Director. Shear hedging or severe pruning/trimming of plants, unless authorized by the Director, is not permitted. Topping of plants whose natural growth stems from the base of the plant is not permitted. Should the Contractor top, shear hedge or severely prune plants and disfigure or damage the plants, the Contractor shall be responsible for replacing those plants with like kind and size as and subject to approval by the Director. The Contractor may be requested from time to time to raise the bottom of the shrubs for security reasons. b) Replanting The Contractor shall plant each year, in any area determined by the Director, 1 gallon standard shrubs at an appropriate spacing so as to achieve complete coverage once the pla~~~t is 2/3rds mature. The Contractor shall also be responsible for the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant See Attachment 7 for plant cap. c) Mulching of Bare Areas In all shrub areas where bare soil is visible or where the shrub is thin so the soil is visible, the Contractor shall apply an approved mulch, size 0" to 1 '/z", Yz" thick minimum every other month starting in January during the third week as necessary to maintain uniform and complete coverage. Mulch is to be maintained within its boundaries. d) Fertilization The Contractor shall fertilize all shrub areas four (4) times per year in March, June, September, and December using JTM Nutrients Complete 8-2-4 soil conditioner plus NPK slow release fertilizer at a rate of eight (8) pounds of actual nitrogen per ],000 square feet. Tree Care a) Height/Quality of Pruning In July and August of each year the Contractor shall routinely Class 1 prune all trees up to a height of fifteen (15) feet. All trees within the scope of work shall be maintained to keep the natural integrity and shapes of the trees. Pruning shall be accomplished in a manner that will ensure that each individual tree is Class I pruned as set forth in the City of Santa Ana Tree Pruning/trimming and Stump Removal Specifications (see Attachment 9). In addition, the Director may require the Contractor to remove or prevent encroachment of trees into the ~9 25C-111 public right of way where the tree blocks vision or is considered undesirable. Low branches overhanging sidewalks shall be trimmed to a height of nine (9) feet above finish grade. Young trees needing pruning/trimming, training, and shaping to develop caliper and a strong structural framework may have low branching laterals and or appropriate sucker growth. b) Staking, T~~ and Guying All trees requiring staking shall be securely staked at all times with stakes and rubber cinch ties approved by the Director. Rubber hoses and wire are not permitted ties. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the Director. Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree. c) Mulching of Bare Areas [n designated tree --ing areas where bare soil is visible the Contractor shall apply an approved mulch size 0'" to 1 ''/z", ''/z"' thick minimum every other month starting in January during the third week as necessary to maintain uniform and complete coverage. Mulch is to be maintained within its boundaries. d) Fertilization (1) Cycad and Palms shall be fertilized two (2) times per year in March and September with Nutricote 13-5-1 l total 3-stage controlled release palm fertilizer at the manufacturer's recommended rate. e) Hazardous Tree Reporting In the event the Contractor detects any tree displaying roots heaving or girdling (either by roots or a foreign material), leaning, broken or hanging limbs, or if Contractor determines that potential safety hazard may exist Contractor shall notify the Director by phone within twenty-four (24) hours. f) Loss of Trees The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's failure to perform under this agreement. Failure to perform includes but is not limited to, girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning/trimming techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations. Zo 25C-112 All trees that exhibit the signs of disease or any other signs of distress shall be inspected by a Certified Arborist approved by the Director. Should the Certified Arborist determine that the tree had a terminal disease that the Contractor could not have treated or prevented, the Contractor shall not be responsible to replace the tree. However, should the Certified Arborist determine that the tree's unhealthy condition or death could have been prevented had the Contractor treated the tree then Contractor shall be responsible for the cost of treatment to restore the tree to a healthy condition or replace the tree. The latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. By entering into agreement with the City the Contractor acknowledges that they accept the condition of each tree and should a tree go into decline or expire the Contractor agrees to replace the tree with like species and size or agree that the City shall withhold payment equal to the value of the tree. Perennial/Annual Color All perennial/annual color beds shall be maintained and planted/rotated four (4) times per year as detailed in Attachment 5. Annual color is part of the base bid and not part of the plant cap. For every rotation l ~0 flats are planted in annual planting areas. 6. Vine Planting, Establishment and Maintenance a) Planting Contractor shall continuously plant throughout the year at its own expense 1 gallon Parthenocissus tricuspidata (Boston Ivy) vines at 15' on center along property walls, building walls, and any other park owned walls until the vines mature and cover the walls. Note that the Contractor shall irrigate the vines and fertilize as necessary to promote healthy and vigorous growth. The Contractor will immediately replace any vine at the Contractor's expense that is lost for any reason including but not limited to lack of water, vandalism, accidental post emergent spraying, etc. See Attachment 7 for plant cap. b) Contractor shall trim the vine once it reaches the top of the wall or at a specific height on the wall, as determined by the Director. The Contractor shall keep vines off telephone poles or other non wall surfaces at all times 7. Weeds, Disease and Pest Control a) Weed Control All hardscape areas shall be kept free of weeds at all times. Weeds shall be removed by hand and/or approved mechanical or chemical methods. Director may dispatch City staff to remove weeds that reach two (2) inches or greater and are not removed immediately. In such instance, the cost will be deducted from the Contractor's monthly invoice. 21 25C-113 b) Disease and Pest Control (]) The Contractor shall inspect on a daily continuous basis all landscaped areas (turf, trees, shrubs, ground cover, and annual color) for presence of disease, insect, rodent infestation or any other pests. if any pests, such as but not limited to, disease, insect, algae, birds, animals, such as rabbits, squirrels, or rodent infestation (rodents including rats, gophers, moles, voles, etc.) is discovered, it shall immediately be controlled by the Contractor at his/her expense using the safest and most expedient method. (2) The Contractor is responsible for inspecting all plant material on a continuous basis and, as necessary, treating plant material to maintain optimum health of the plants. If any plant material (turf, groundcover, shrubs, trees) dies without the Contractor diagnosing the plant and implementing efforts to restore the plant to a healthy and attractive appearance, the City will assume the Contractor caused the plant death. Contractor will be required to replace the plant with like species and size at no extra cost to the City. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. In the case where turf is lost due to pest damage, the Contractors shall replace the area of turf lost with Pacific Sod Greg Norman 1 Hybrid Bermuda (during spring/summer) and Pacific Sod Greg Norman I Hybrid Bermuda that has been cropped over with Perennial Rye grass (during fall/winter). Irrigation System Maintenance a) General Responsibilities (1) Contractor's Certified Irrigation Specialist shall use automatic or mechanical irrigation systems to irrigate all landscape areas detailed in this Agreement. In the event the existing irrigation system fails to provide full and proper coverage, the Contractor shall provide alternate irrigation with full and proper coverage to all areas in the work site at no extra cost to the City. (2) Newly planted trees, shrubs, ground cover and turf shall receive adequate water to promote normal healthy growth. Proper berms or basins shall be maintained during plant establishment period. b) Operation of Automatic Irrigation Controllers Where the operation of automatic irrigation controllers is required, the Contractor shall: (1) Not duplicate any coded City key furnished by the Parks, Recreation & Community Services Agency for access and operation of the controller. 22 25C-114 (2) Surrender all keys furnished by the Parks, Recreation & Community Services Agency at the end of the contract period or at any time deemed necessary by the Director to prevent serious loss to the City of Santa Ana. (3) Protect the security of City property by keeping controller cabinet and building doors locked at all times. (4) Refrain from using locked premises for storage of materials, supplies or tools, except as approved by the Director. (5) Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m. c) Water Conservation (1) The Contractors Certified Irrigation Specialist shall meet once a month with the Utility Coordinator to review the City's Monthly Water Conservation Report (see Attachment 6) to discuss water conservation strategies. These discussions may include, but not be limited to, the Contractor turning off irrigation systems during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of the EAW. (2) When the Utility Coordinator determines that plant material (t~u~f, groundcover, shrubs, and trees) must be irrigated, all controllers shall be activated within twenty-four (24) hours. In the event the controllers are not activated within 24 hours the City may charge Contractor all staff cost incurred by City to activate controllers. d) Inspection and Reporting (1) The Contractor shall physically inspect the operation of all irrigation systems once a month and prepare a written report specifying park name, controller location/name, start times, run times, program name, station number, and repairs needed. The Contractor shall maintain all sprinkler systems using City standard irrigation products and details. All repairs shall be to City specifications and details. Repairs to irrigation heads shall be with matching precipitation nozzles. Contractor shall ensure that excessive over spray/runoff into street right-of--ways or other areas not intended to receive irrigation is controlled. The Contractor shall repair at his own expense any irrigation head and lateral line rendered inoperable or malfunctioning due to attrition vandalism, etc. (2) Contractor shall perform a visual inspection of all irrigated areas once per week. All areas receiving marginal coverage shall receive supplemental irrigation by being irrigated by a portable irrigation method. The contractor shall furnish all portable hoses, nozzles, sprinklers, etc., necessary to accomplish this additional irrigation. Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. 23 25C-115 e) Re airs The Contractor shall be responsible for repairs to all irrigation heads, swing joints and lateral lines as a part of this agreement. "I'he Director will he responsible for repairs to the irrigation system from the valve to the water meter. 9. Hardscape Maintenance a) All paved areas, including but not limited to paved parking lots, curb gutters, pool decks, stamped or other enriched hard surface areas, shall be thoroughly cleaned once a week between Monday and Friday. Vacuums, blowers, sweepers or other approved equipment may be used to clean hardscape areas. Debris shall not be blown or swept onto adjacent streets or property. All debris must be picked up by the Contractor and removed from the site. Debris and litter that shall be cleaned includes, but is not limited to, leaves. twigs. branches, trash, sand gravel, and worn asphalt. The City shall approve any equipment that is to be used for cleaning hardscape. b) Picnic facilities and park benches, including but not limited to picnic tables, barbecues, benches, concrete pads and shelters shall be continuously maintained in a safe and clean condition. c) Pavement cleaning -Contractor shall perform pressure washing monthly to remove dirt, stains, gum, tar, etc. from all paved pedestrian surfaces including sport courts, sidewalks, picnic pads, paved areas around buildings, pedestrian crosswalks in streets that are concrete or pavers, etc. d) Site amenity cleaning -Contractor shall perform pressure washing of site amenities, such as but not limited to, picnic tables, park benches, skate park, walls, planters, raised curbing, railing, exterior of buildings, overhead shelters, etc. (]) All picnic amenities (picnic tables, b.b.q.s, picnic shelters, concrete picnic pads, etc.) and park benches shall be cleaned every day Monday through Sunday to assure that all trash, stains, spills, debris, glass, staples, nails, tape, wire, etc. is removed. (2) All picnic concrete paved areas and b.b.q.'s, park bench areas, patio areas, and areas adjacent building entrances shall be cleaned once a month using high pressure cleaning equipment. (3) All barbecues shall have ashes, charcoal or any other materials removed once a week. Following cleaning the Contractor shall paint the exterior of the b.b.q.'s and the post with heat and rust resistant flat black paint. 24 25C-116 e) All parks with flagpoles shall have an American flag displayed at all times. The Contractor shall visually inspect the flag every day to assure it is in good condition. Should, in the opinion of the Director, the flag not be in good condition (faded, discolored, torn and/or having holes) Contractor shall immediately request from the Director a new flag. Contractor shall raise the new flag immediately upon receipt from the Director. f) Drinking fountains shall be clean, sanitized and unplugged every day Monday through Sunday. The Contractor shall use approved germicidal cleaner and products to assure that drinking fountains are clean and polished. The Contractor shall remove any mineral build up, algae, stains, etc. so the drinking fountain is 100% clean and polished. The Contractor shall achieve this level of quality using a combination of cleansers, metal polish product, hand and/or power tools. Should the drinking fountain be so plugged that dismantling the fountain is required the Contractor shall notify the Director immediately so City staff can make the repair. 10. Plav~~round/hot-Lot Areas a) The Contractor shall provide maintenancc of all playground/tot-lot sand and rubberized areas once a week. Maintenance shall include, but not limited to, loosening of compacted areas, re-~~rading sand areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sand to assure that debris and any other foreign objects are removed, removal of weeds, removing sand on sidewalks surrounding the playground/tot-lot, eliminating berms (including pre-existing) in the turf surrounding the playground/tot-lots (high pressure water blasting or sod cutting, leveling and re-sodding are approved methods), and trash and other undesirable material. Rubberized fall areas shall be cleaned of sand and debris daily. Any sand that accumulates on the rubberized surface shall be reused. Sand and debris on the playground equipment shall be removed. b) The City shall be responsible for all playground equipment and tot-lot area safety inspections. 11. Ball Diamond Maintenance The Contractor shall retain a sub-contractor to provide ball diamond infield maintenance as set forth in Attachment 1. 1T IS THE INTENT OF THIS AGREEMENT THAT THESE FACILITIES BE MAINTAINED SO THAT PLAYER SAFETY AND THE QUALITY OF PLAY ARE CONTINUOUSLY ENHANCED. a) Baseball Perimeter Maintenance Ball diamond perimeter maintenance shall be performed daily. Ball diamond perimeter maintenance shall be defined as all areas outside the field of play and sideline/dugout areas where coaches, players and others associated with the game gather. Ball diamond perimeter maintenance areas shall include but is not 25 25C-117 limited to grandstands, areas around concession stands, fence lines, warm-up areas, etc. The work that shall be performed on a daily basis shall include picking up trash and debris, blowing off areas/hosing down areas using a high pressure nozzle to remove brick dust, stains and/or any other foreign material, such as sunflower seeds or peanut shells, so that all areas, including pavement and landscape areas, are 100% free and clean. b) Daily Outfield Maintenance (1) Irrigation checks and repairs to assure that irrigation heads are at the proper grade to avoid injury to players who may fall on them and that no "slippery" areas exist. (2) Fill in of divots and depressions and all uneven areas with #20 white silica sand, organic compost mixed with LaPrima XD Bermuda grass seed during the spring/summer and Stover Grand Slam perennial rye grass seed during the fall winter to re-establish the areas. (3) Level fence line areas using a rocl: or leveling rake. (4) Level and drag warning track areas using nail drag followed by finishing dra~~ mats. Contractor shall apply new brick dust to fence lines and warning tracks as necessary to maintain consistent ''/z'~ layer of brick dust in these areas. c) Weekly Maintenance (1) Contractor will then edge the fence lines and warning track to achieve crisp straight lines and a smooth crisp arc where the brickdust warning track meets the sport turf. d) Annual Maintenance (1) Top dress outfield turf using Aguanaga Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing surface. e) Non-recurring maintenance: During inclement weather the Contractor shall work to reopen baseball fields as soon as possible. The Contractor shall use Diamond Dry or an approved equal to warning tracts and fence lines. In addition, the Contractor shall use hand pumps or any other reasonable method necessary to drain water off the field. l2. Soccer /Football Field Maintenance a) All soccer/football fields shall be inspected every day, Monday through Friday. Contractor shall look for divots, depressions, debris, and other turf marring conditions. If discovered, the Contractor shall fill in divots and depressions 26 25C-118 with #20 white silica sand mixed with LaPrima XD Bermuda grass seed during the spring/summer and Stovers Grand Slam perennial rye grass seed during the fall winter to re-establish the areas. b) Areas of the field where turf has been worn away due to play shall be raked, dragged and leveled each day to provide alevel-playing surface free of divots, depressions and uneven surfaces. The Contractor shall add approved topsoil to these areas as necessary to keep the areas level and safe. c) Annually, the Contractor shall top dress outfield turf using Aguanaga Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing surface. d) The Dan Young Soccer Complex and Santa Ana Stadium Field Synthetic Turf sport turf maintenance and inspection. The field shall be maintained daily Monday through Friday per the Synthetic Turf Maintenance Specifications (see Attachment 4). Maintenance will include ~~rooming and cleaning the field using grooming equipment provided by the City. The field shall be inspected every day Monday through Friday. Contractor shall remove all debris from the field upon discovery. 13. Sport Cow-t Maintenance a) All sport courts shall be blown off daily. Courts and fence lines shall be completely free of dirt, debris, etc. b) All sport Courts shall be washed down every other week to remove dust, gum and stains. The courts shall have water removed immediately following the washing down. c) Contractor shall replace tennis and basketball nets when they become worn. The City shall furnish nets. 14. General Maintenance and Clean-up For All Parks and Contracted Sites a) All trash and debris on the ground or in trash receptacles shall be removed from all worksites each day Monday through Sunday before 12:00 p.m. This includes all landscape areas, paved areas, street curb gutters, flood control channels, etc. b) The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance. c) After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all parks areas within two (2) days at no cost to the City. Debris, such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. d) The Contractor shall keep sidewalks and all other paved areas swept and free of any debris, dirt, glass, weeds, leaves, etc. at all times. z~ 25C-119 e) Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 15. Other Requirements a) Work Not Scheduled The Director may delete a portion of or the entire work site from contractual maintenance during a construction period or any period where the Director determines that work cannot be scheduled. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and agreed upon by the City and the Contractor in writing. 16. Special Maintenance a) Annual City Employee Picnic at Birch Park -Once per year in August or September the City holds their Employee Picnic at this park. On the day of the picnic the Conti°actor shall provide one (I) Leadworker and two (2) employees to help maintain the park during the course of the event. The event generally starts at 10:00 am and ends at 2:00 pm. Maintenance duties during the event shall include, but not be limited to, trash and litter pick-up, emptying trash receptacles, cleaning up spills, washing down areas, brooming off areas, etc. b) Downtown Civic Center Grounds and Landscape -The Downtown Civic Center Authority Area is the home of federal, state, county and city government for Orange County. The classification of maintenance required at this site is considered "high-end commercial." In addition to the standard Grounds- Landscape Specification the following special maintenance shall be performed. (l) All pedestrian hardscape areas, including but not limited to, plazas, malls, sidewalks, pedestrian street crossing, vehicular drop-off areas, etc. shall be blown and/or swept clean daily seven (7) days per week. Contractor is not responsible for blowing parking lots, only litter removal. Contractor is not responsible for pressure washing. (2) All site amenities, including but not limited to, signage, benches, hand railing, electrical boxes, public telephones, newspaper machines, trash receptacles, drinking fountains, cigarette urns, light bollards, etc. shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product Monday through Friday. (3) All trash receptacles shall be emptied daily seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. zs 25C-120 (4) All cigarette urns shall be sifted daily Monday through Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand once per month. (5) All shrubs and groundcover areas shall be highly detailed weekly. At no time shall any dead leaves, flowers or branches exist. The contactor shall remove/prune plant material by hand using hand shears or loppers leaving no stubs. The intent is to prune the plant material without the average lay person noticing the cuts. (6) All trees below I S' shall be pruned monthly using hand shears and loppers. The intent is to prune the plant material without the average lay person noticing the cuts. (7) Replace all 52 state flags in the Plaza of the Flags in January in July of each year. Flags to be provided by City. d) Santa Ana Stadium - The historic Santa Ana Stadium is a premier youth football and soccer venue and is recognized as one of the best amateur athletic sportin~~ facilities in the county. Because of the number of people that visit the Stadium each year the classification of maintenance required at this site is considered "high-end commercial." In addition to the standard Grounds- Landscape Specification the following special maintenance shall be performed. (1) All pedestrian hardscape areas, including but not limited to, grandstand bleachers, ramps, tunnels, sidewalks, parking lots, safe dispersal areas, vehicular drop-off areas, etc. shall be blown and/or swept clean daily seven (7) days per week. (2) All site amenities, including but not limited to, signage, player benches, hand railing, goal posts, electrical boxes, public telephones, newspaper machines, trash receptacles, drinking fountains, etc. shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product daily seven (7) days per week (3) All trash receptacles shall be emptied daily seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. (4) All shrubs and groundcover areas shall be highly detailed weekly. At no time shall any dead leaves, flowers or branches exist. The contactor shall remove/prune plant material by hand using hand shears or loppers leaving no stubs. The intent is to prune the plant material without the average lay person noticing the cuts. 29 25C-121 (5) All trees below 15' shall be pruned monthly using hand shears and Toppers. The intent is to prune the plant material without the average lay person noticing the cuts. (6) All grandstand bleachers shall be inspected daily and if necessary wiped clean so they are free of dirt, stains, markings, etc. e) City of Santa Ana Corporation Yard -The Corporate Yard is the city's maintenance operation center. In addition to the standard Grounds-Landscape Specification the following special maintenance shall be performed. (l) All trash receptacles shall be emptied daily five (5) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. (2) All cigarette urns shall be sifted daily Monday through Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand once per month. 17. CitLpection a) The Director or his designated representative shall regularly inspect the parks, playgrounds, fields and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated cost of performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park not meeting the specifications during any such inspection. III. EXTRA WORK It is the City's intent to keep parks and other public recreational sites in a beautiful and exceptionally well maintained condition. it is also the City's intend to continuously improve parks and public recreational sites until they are the best in the county. It is with these intents in mind that the Director may consider authorizing extra work. A. Damage or malfunction to plant material or irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, by any of the following may be considered outside the scope of this Agreement: (1) Acts of God (2) Civil Disorder (3) Vehicle Collision (excluding Contractor and its employees and subs) (4) Excavation or re-surfacing of the street 30 25C-122 (5) Power failures (6) Underground wiring damage Contractor will not be considered responsible for replacement. Contractor must demonstrate to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. B. Requests for Extra Work -The Director may request that the Contractor submit proposals for extra work in order to improve the grounds-landscape in the contract sites. The Contractor shall submit proposals using the Citys Proposal for Extra Work Spreadsheet (see Attachment 8). The Contractor shall complete the spreadsheet in its entirety using his/her proposed extra work pricing (that is a part of this agreement) in order for the proposal to be considered. City reserves the right to requests materials/equipment receipts with invoices. All labor shall be quoted on a "not to exceed" basis and City will only pay for labor actually incurred. 31 25C-123 ATTACHMENT NO. 1 SUB-CONTRACTOR BALL DIAMOND IN-FIELD MAINTENANCE 1.0 Scope of Work 1.1 State of California Licensed C-27 Contractor specializing in Ball Diamond In-Field Maintenance shall provide in-field brickdust maintenance for nine (9) Baseball/Softball Diamonds per the specifications and conditions listed below: 2.0 Ball Diamond Locations and Quantities/Types of Diamonds at Each Site 2.1 Cabrillo Park One (1) 80'/90' base path Little League Junior/Senior diamond with skinned brick dust inteld. 2.2 Morrison Park One (1) 60' base path Girls Softball/Little League diamond with sl.inned brickdust infield. 2.3 Portola Park One (1) 60' base path Girls Softbal VLittle League diamond with skinned brickdust infield. 2.4 Santia og Park One (1) 60' base path Girls Softball diamond with skinned brick dust infield. 4 Total diamonds at 4 park sites. 3.0 Schedule of Work to be Completed 3.1 Cabrillo Park: 5 Days per wk, Feb 1S` to July 15tH 3 Day per wk, July 16`n to Jan 31 S` Morrison Park 5 Days per wk, Feb 1S` to July 15`n 3 Day per wk July 1'6`" to Jan 31 S` Portola Park 5 Days per wk, Feb 1 S` to July 15`n 3 Day per wk July 16`n to Jan 31s` Santiago Park 5 Days per wk Year round 4.0 Field Composition Mix (Brickdust) To Be Used When Maintaining In-fields. 32 25C-124 4.1 Field In General 4.1.1 When adding field composition mix (brickdust) to any City of Santa Ana ball field, the specific type of material to be used is: Pro Gold Infield Mix with stabilizer from Gail Materials (951) 279-1095. 4.2 Pitchers Mound/Home Plate/Basepath Areas 4.2.1 When adding a mix with pitcher's mound/home plate/base-path area, type of material to be used is: Hill Toppe: Solutions. higher clay composition material to any where a sport turf infield exists, the specific Home Plate and Mound Mix by Stabilizer 4.2.2 When adding a mix with a higher clay composition material to any pitcher's mound/home plate/base-path area, where a skinned infield exists, the specific type of material to be used is: Ballyard with Stabilizer by Stabilizer Solutions. ~.0 Equipment `hhe contractor shall provide and have "on hand" at all times during the brickdust maintenance operation the following equipment. ~.1 Utility Vehicle Small tight turn radios (13') vehicle designed especially for this type of work. This vehicle shall have the capability to make circle and figure eight patterns completely within the skinned brickdust infield area and not trespass onto adjacent turf areas. Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable. 5.2 Drags 5.2.1 Scarif~ng Drag: Used to scratch up or loosen up the skinned area. The drag shall be made of heavy-duty steel capable of carrying additional weight (`s). Digging teeth shall be hardened and pointed and be ''/z" in diameter. Pull chain shall be included. 5.2.2 Cutting and Leveling Drag: Used to level and backfill low spots in the skinned area. The leveling drag and cutting blades shall be made of galvanized steel. This drag shall feature cutting blades that are adjustable and capable of cutting down dirt build-up (high spots) and depositing dirt into holes (low spots) creating a smooth and level playing surface. Pull chain shall be included. 5.2.3 Grooming or Finish Drag: Used to complete dragging procedure on a daily basis and lighter/gentle movement of brickdust. This drag shall be galvanized metal "door-mat" link. Pull chain shall be included. Drag shall be 6' in length by 6' in width. 33 25C-125 5.3 Other Equipment 5.3.1 Hand Tamp: 20 Ib. variety with 48"min. handle. Used to compact worn areas around bases, home plate and pitching mound. 5.3.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help prevent wet clay from sticking. 5.3.3 Grade or Grooming Rake: Used to rake and fine level areas. Shall be made of aluminum, 36" wide and a 6' handle. 5.3.4 Heavy Duty Shovels: Used to move material. Round/Square Point and Scoop shovels. 5.3.5 Heavy Duty Hose: Used to water down skinned area. Shall be 3/4" to I"top quality construction with 225-psi working pressure. Leaks of any kind are not permitted. Contractor shall have a minimum of 175' of hose on hand at all times. x.3.6 High Pressure Nozzle: Attached to hose. Use to spray down brickdust and push excess brickdust off turf ed~~es. x.3.7 Industrial Push Broom: Used to remove excess brickdust from turf edges. Shall be 24"min. wide with heavy-duty dual weight bristles. 5.4 Wet Conditions Equipment" (Add to equipment above) During periods of inclement weather or when the areas are wet the contractor shall have "on-hand" during all brickdust maintenance operations the following items: 5.4.1 Squeegee: Used to push/squeeze water off wet areas or into dry areas or drains. Shall be 24" to 36" wide with neoprene blade and magnesium/aluminum head. 5.4.2 "Super Sopper": Used to collect standing water in brickdust areas. Shall be drum type with exterior sponge and arm holding drum. 5.4.3 Diamond or Beckson Pump: Used to remove standing water in brickdust areas. Shall be plastic with flexible piston and value. 5.4.4 Infield Sopper with Wringer and Bucket: Used to collect standing water in brickdust areas. Sopper shall be geotextile-covered sponge typical for absorbing chemical spills. 6.0 Meetings 6.1 Contractor shall provide City of Santa Ana staff with a contact person and a phone number to reach the contact person from the hours of 6:30am - S:OOpm, Monday - Saturday. 34 25C-126 6.2 Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor". This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns that may arise and any goals for the day/week. 6.3 In November of each year for as long as the contract is in effect, Contractor shall personally meet with staff, along with the designated site supervisor, to discuss and outline schedules for "Annual Renovations" (listed in Section 10.0). 7.0 Daily Infield Maintenance 7.1 General 7.1.1 Contractor shall remove all litter, broken glass and hazardous debris from infield and dugout areas. 7.1.2 Contractor shall keep brickdust and dugout areas in a weed free condition. 7.l .3 ConU-actor shall hose and/or sweep and hose out all dugouts so they are 100% fi-ee of brickdust or any other debris. 7.2 Maintenance Procedure 7.2.1 Retain smooth and level playing surface, using the following daily procedure. The contractor shall remove all bases before beginning any work on in-field and re-install after all work on in-field is completed. 7.2.2 After removing all bases, the contractor shall scrape/wire brush all base post anchors and base inserts. This will help facilitate the base removal and installation. 7.2.3 The Contractor shall rake/shovel loose material from high spots back into low spots/worn areas on running paths, sliding zones, and any other low spots/worn areas appearing on the field before any watering or dragging shall take place 7.3 Home Plate Area/Batters Box Area Holes 7.3.1 Sweep/Rake away all loose brickdust. 7.3.2 Wet area until moist. 7.3.3 Scarify area (`s) [batters box hole(`s)] with shovel. This will help the mix bind better. 7.3.4 Ina 5 gallon bucket mix "mound mix" with water to desired consistency. Do not use infield mix for this purpose. 3~ 25C-127 7.3.5 Backfill `'mound-mix" material into hole(`s). 7.3.6 Tamp the area firmly with steel tamp. Note: The tamp will be most effective if you cover the bottom with plastic. Tape the plastic to the tamp handle. The plastic keeps the clay from sticking to the tamp's bottom. 7.3.7 After tamping and compacting the "mound mix" covers areas with infield brick dust. 7.4 Pitcher's Mound 7.4.1 Follow same procedure for repair of home plate/batters box area utilizing dry "mound mix" for this purpose. Do not cover with infield mix. 7.4.2 Add to the above the following: Rake all loose material from bottom to top and cover with ``Mound Mix". 7.~ General Brickdust Shinned Infield Areas 7.x.1 After rakin~~/shoveling loose material from high spots back into low spots/worn areas on running paths, sliding zones, and any other low spots/worn areas appearing on the field, the Contractor shall fill all remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. 7.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop, dugout chain link fencing and/or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. 7.5.3 Lightly water entire infield before dragging. Note: Watering shall penetrate brickdust to a minimum depth of 1 /8" deep min. This process is crucial to keeping brickdust in place and not going air borne. 7.5.4 Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag". Circular or figure eight drag patterns shall be used (see details 1-A & l-B). Alternate drag patterns or reverse direction of drag patterns daily to avoid ruts and high/low areas. Speed of drag procedure shall not exceed 7 mph. 7.5.5 When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of 18". This will help in avoiding lips at brickdust/turf edges. This 18' gap shall also apply to all backstops and chain link fence areas. 36 25C-128 7.5.6 Contractor shall hand rake all base paths on combination turf/brickdust infields. 7.5.7 When the dragging process is complete, the contractor shall stop the drag in a different location daily. This will stop the accumulation of brickdust in focused areas. At this time roll-up the drag, place it on the vehicle and remove all debris accwnulated in the drag at this spot and rake out material emptied from drag. 7.5.8 After dragging, hand rake the 18" edges using the "grade or grooming rake". The rake shall be held at an angle as to not push brickdust onto/into turf areas. 7.5.9 After raking the 18" edges, the contractor shall clean all excess brickdust on the turf edges utilizing a high pressure water one (1) time per week. NO brickdust shall be permitted on the turf edges at any time.If in the determination of City staff, an unsafe lip situation exists (an unsafe lip is '/~" or greater) in any turf/brickdust border a--ea intield to brickdust, base- paths or brickdust to ourtield). contractor will be required to remove or level the soil build-up with a sod cutter and re-establish the in-field boundaries ~~~ith a string line or suitable method and re-sod up to the border to re-t~edy the situation at contractors expense. Pre-existin~~ conditions shall be corrected during contract start-up. 7.6 Final Watering 7.6.1 This is the most time consuming and a very important element of the procedure. 7.6.2 The contractor shall final water the skinned brickdust to a depth of '/4" minimum. 8.0 Rainy Weather/Wet Field Procedure 8.1 On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to: 8.1.1 Remove all standing water from low spots either by skimming off excess water and spreading it out to dry areas or using a pump/sopper system. 8.1.2 Rake out (scarify) wet areas. 8.1.3 Apply Dry Gail Materials "Pro Gold with Stabilizer" Brickdust Materials from stock to all Wet Areas and Rake Out. 9.0 Work to be Completed '`BI-MONTHLY" 9.1 To maintain levelness of all fields, contractor shall, once every two months, scarify drag built up amounts of materials at high spots and cut and level drag the scarified material ~~ 25C-129 to low spots. The Contractor shall fill any remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. Note: Staff shall identify areas to scarify/cut and level drag to the contractor at weekly meetings with contractors appointed site supervisor (as per section 6.2 of contract). 9.2 Heavy water scarified and cut and leveled areas to a'/2" min. depth and allow settling in before play on field. Note: Due to heavy watering and its need to settle before play, staff shall provide a schedule of bi-monthly scarify/cut and level drag dates to contractor. 10.0 Work to be Completed '`ANNUALLY" 10.1 Each year, the following renovation is to be done on all fields in conjunction with the Citv's annual Sports Turf Renovation Schedule. fields renovated may change from vear to veae. 10.1.1 Contractor shall laser grade each ball diamond. Contractor shall scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. Note: Staff shall identify areas to scarify/cut and level drag at the November meeting with contractor's owner (as per section 6.3 of contract). 10. ] .2 Contractor shall verify all base distances, pitching rubber distances and pitching mound heights per the Little League, Pony/Colt League specifications for each specific field. Contractor shall repair any specifications not being met on any field. 10.13 In addition, contractor shall install 1/2" new Gail Materials ``Pro-gold with Stabilizer" (brickdust) to in-fields at all diamonds (minimum 26 tons per Girls Softball/Major Little League Field and minimum 40 tons per Junior/Senior Little League Field). Also, the contractor shall install a minimum of 1 ton of Turface calcite clay per Girls Softball/Major Little League Field and 2 tons of Turface calcite clay to Junior/Senior Little League Fields Responsibility for and purchase of necessary materials shall be at contractor's expense. Note: The City has the right to move brickdust and Turface materials to other infields under this agreement should 38 25C-130 they decide that an infield or infields do not require additional materials a particular year. 11.0 Work To Be Completed "AS DIRECTED" 11.1 Replace Base ANCHORS as directed. (This will be considered extra work.) Note: City of Santa Ana use's the Hollywood base anchoring system. Contractor shall install base anchors into the ground per manufacturer's standards. Top of stake shall be approximately 2" below the surface grade so that the base sits level and flush against the surface on all sides. l 1.2 Replace Bases as directed. (This will be considered extra work.) Note: City of Santa Ana shall be responsible for supplying all necessary base anchors and/or bases to the contractor as needed. 11.3 Replace or Remove/LeveVRe-Install home plates as directed. 11.4 Replace or Remove/Level/Re-Install pitching rubbers as directed. Note: City of Santa Ana shall be responsible for supplying all necessary home plates and/or pitching rubbers to the contractor as needed. 11.5 When given direction to complete "as directed" work, contractor shall complete the directed work on the next working day. 12.0 Infield Turf Maintenance 12.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield and 36" beyond the infield brickdust skin line/arc. Infield turf shall be mowed three (3) times per week February -August and one (1) time per week September -January. 12.1.1 Contractor shall use a "greens" reel mower to provide "putting green" quality finish cut. 12.1.2 Infield turf shall be cut between '/z" and 3/4" per staff's direction. 12.1.3 ,All turf clippings shall be collected and disposed of. 12.2 Infield turf shall be irrigated to maximize healthy growth of the turf while conserving water. Over watering will not be acceptable. 12.2.1 Contractor shall check and program the automatic irrigation controller minimum one time per week. 39 25C-131 12.2.2 Contractor shall provide any areas of the turf supple-nental watering using a garden hose on an as needed basis to assure a high quality turf infield. 12.2.3 Infield turf shall be fertilized one (1) time per month February apply Nitro King 22-4-4 and March, April, May, June, July, August, September apply Turf Supreme 16-6-8 at a rate of one (1) pound of actual nitrogen per 1,000 square feet of turf. 12.2.4 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed. 12.2.5 Immediately following fertilization the Contractor shall water in the fertilizer to avoid chemically "burning" the turf. 12.3 Infield turf shall be aerated using a walk behind piston type aerator two (2) times per year, in January and July. All cores shall be removed. Dragging of cores is not per-nitted. 12.4 Infield turf shall be I:ept weed free at all times. 12.4.1 Any grasses other than the original hybrid Bermuda installed in the infield shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.4.2 Any broadleaf weeds shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.5 Infield turf shall be kept free of disease and rodents at all times. 12.5.1 The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice. 12.6 Infield turf annual renovation 12.7 Each year the infield turf shall be renovated: 1) verticut using the greens reel mowers straight blade reels; 2) mowed to '/a" high immediately following verticutting; 3) overseeded during spring/summer with LaPrima XD Bermuda Seed at a rate of 8 pounds of seed per 1,000 square feet and fall/winter -Stover Seed Company Grand Slam seed at eight (8) pounds per 1,000 square feet; and, 4) top dressed immediately following seeding by Aguinaga Materials using "Santa Ana Top Dress Mix.'' 12.8 All infield turf edges including the arc skin line, base paths, pitchers mounds, etc., shall be edged one (1) time per week. The edged lines shall be straight and, where curved lines are required, the arcs will be a true radius. ao 25C-132 13.0 General Contract Provisions 13. t Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. ~t 25C-133 42 25C-134 ATTACHMENT 3 City of Santa Ana, Park Maintenance Agromonic Plan 2008 Trt Application dates T e Maintenance Descri lion unit of measure 1 Januar G Winter Fertilization Ib 2 Feb 15 -March 15 G Late Winter Fertilization lb 3 Aril G S rin Fertilization SCU lb 4 June G Fertilization SCU ]b 5 Au ust G Fertilization SCU lb 6 October G Fall Fertilization Fall lb 7 Late Nov Early Dec G Late Fall Fertilization ]b IPM and Misc A lications A Januar L Preemee ence Crab sass Control 1st app. (oz) B January G I~ertilization with reemer gent lb o lion _ ~ 11, _ __ ___ All year L _____ _ Backpack Systemic BL Weed Control as needed (fl oz.) _ D A r & Oct L _ General BL Weed Control as Needed (fl oz) _ _ E Mid April L Preemer ence Crab rass Control 2nd a p. oz F Mid April L 0 tional Pre and earl Post Crab Control oz in 5 oz pouches G Mid A ril G 0 tional Pre and earl Post Crab Control lb H Mid A ril G 0 tional Pre and earl ost Crab Coltrol lb I Aril - Ma L Sed e Coltrol as needed oz J June - Au ust L Sed e Su ression as needed oz K Ma -June G Grub revention lb L Ma -October L Spurge and black medic preventative contactpostemergence (fl oz M Ma June L Grub reactive N All ear L Coltrol Of Oxailis as needed fl oz 0 Au -Oct L Kiku u rass 2 to 3 a s 4 weeks a art P Jul -Oct L Postemer ence Crab rass Control fl oz Q Au - Se t. L Preemer ence Poa annua Control oz R Au - Se t. G Granular 0 lion Pre oa annua control lb S Au - Se t. G Granular 0 lion Pre oa annua control lb T Nov -Dec. L Postemer ence Poa Control fl oz ORNAMENTAL PROGRAM Trt Application dates T e Maintenance Descri lion unit of measure 1 At color thane G Fertilization of seasonal color 75 oz SF 2 Jan -Dec. G General shrub and round cover fertilization lb 3 Jan L Pre emer ence bed weed control-broadleaf oz 4 Set L Preemer ence bed weed control-broadleaf oz 5 Jan L Preemer ence bed weed control- rasses oz 6 Set L Preemer ence bed weed control-grasses (oz) 43 25C-135 7 Jan and Se t. G Ornamental bed, broadleft and rass weed control o tion IPT and Misc. A lications 1 Mar -June L Post emer ence rass control as needed fl oz 2 Ma & Jul L Pre emer ence sed e control as needed fl oz 3 As needed G Snail and slu control oz 4 Jan-Dec. L Post emer ence non-selective s stemic weed control oz 5 Nov -March L Post emer ence non-selective contact weed control fl.oz A Jan - A ril L A hit, Whitefl other suckin insects oz/100 al B Jan -March L Olive Fruit control fl.oz 100 al -at color than e C As needed L Insect control eneral fl oz 100 al D As needed L Insect control eneral al 100 al E As needed L Mite control fl oz 100 al F Aril - Au ust L Whitefl control on Hibiscus X losma fl oz 100 al G As needed L Powder mildew control as needed fl oz/100 al H All year L Phytophthora root rot and overall chlorotic plants (fl oz/100 al) PLANT GROWTH CONTROL J __ <48 lu•s after shear L General plant material as needed (fl oz/100 al) -- K <10 d after shear L [v , 'asmine, honeysuckle (fl oz/100 gal) _ i/park services/park operation/poadm/excell/irvine agromonic plan 2009 44 25C-136 ATTACHMENT 4 Introduction Synthetic Turf Maintenance Specification This specification shall explain the procedures necessary for maintaining the synthetic turf fields at the Santa Ana Stadium and the Centennial Park, Dan Young Soccer Complex. I. Cleaning and Stain Removal A. General Dirt Rain is a natural field cleaner. Rainfall cleans the turf fibers of dust, pollen and airborne chemicals. In areas where rain is not sufficient enough to remove embedded dirt, the Contractor shall saturate the surface of the synthetic turf field until contaminants are flushed through the turf. Embedded dirt shall not be removed by mechanically sweeping the teld. B. Rubbish Rubbish Removal Paper, peanut shells, sunflower seeds, athletic tape, paper, etc., shall be removed daily from the synthetic turf surface. A sweeper is satisfactory for lifting paper scraps, food debris and loose trash from the surface as well. Sweeping the field should be accomplished as soon as possible after an event. The sweeper should have synthetic fiber bristles such as nylon or polyolefin. The minimum brush length should be 2.0". The brush should contain no metal. (Metal bristles or fibers can create a safety hazard if individual bristles break off and become lodged in the turf or rubber fill). The brush setting should be checked often. The actual setting depends on the model and type of sweeper. The sweeper will work best when the brush is set so it just touches the tips of the fibers of the turf. DO NOT SET THE BRUSH SO LOW THAT IT DIGS INTO THE TURF PILE, THE FILL MATERIAL OR THE TURF BACKING. A brush setting that is too low can damage the artificial grass and adversely disturb the fill. Do not use a mechanical sweeper during the heat of the day if the temperature exceeds 90 degrees F. C. Vehicles Vehicles are not allowed on the field at any time. Only approved off-road type equipment may be driven on the field. The Contractor shall use caution not to spin the tires, turn sharply, or in any way maneuver the piece of equipment where it will damage the synthetic turf. Oil and Fuel Spills as 25C-137 Oil and fluid spills can discolor and even damage the artificial grass. Proper equipment maintenance shall be observed. Battery acid and -nost other fluids should not be allowed on the artificial grass. Never change or add fluids to equipment while the equipment is parked on the artificial surface. D. Stains The Contractor shall be responsible for removing stains on the synthetic turf. Polyethylene fibers are stain resistant fibers because most stains are moisture borne and polyethylene, a "hydrophobic" yarn, absorbs little moisture. As a result, a "stain" on a synthetic turf field is not a true "stain"; rather, it is generally dried residue of foreign matter, which must be quickly and thoroughly removed. It is best removed while still moist and thus before it has dried on the fibers. These residues can generally be removed with water or soap and water. Remember, it is much easier to clean a fresh spill before it has time to dry and harden. Remove any deposit promptly using a putty knife or similar tool. Then soak up excess liquids with paper or cloth towels or rags. "Water Based" Stains or Residues: Stain Procedure for Removal 1. Scrub the area with soap and water. Use a stiff fiber brush for maximum agitation. Acid, Alkali, Beer, Blood/Mucus, Catsup, Coffee, Colas and Soft Drinks, Disinfectants, Standard Dyes, Food Coloring, Fruit Juice/Gatorade, Glue, Hot Chocolate, Ice Cream, Latex Paint, Milk, Mustard, Tea, Urine, Water Colors 2. Rinse the area thoroughly with clear water to remove all traces of soap. 3. Dry with absorbent towel, if necessary. Note: A three percent (3%) solution of ammonia in water may be used in lieu of household detergent for stubborn residues or stains. Stubborn or Oil-Based Stains Stain Procedure for Removal Crayon, furniture polish, lipstick, cooking oil, rubber cleat marks, shoe polish, suntan oil, ballpoint ink Sponge with dry cleaning solution (perchecloroethylene). Soak up with absorbent towels. Flush with water. Oil paints Soak up or blot immediately. Sponge with turpentine or paint remover (apply sparingly). Blot with detergent and water. Re-sponge with cold water to remove detergent. Scrape excess. Sponge with perchloroethylene (dry cleaning solvent). Repeat the above as necessary. 46 25C-138 Nail Polish Sponge with acetone. Paraffin Wax Scrape excess. Sponge with dry cleaning solution. Tar and Asphalt Scrape excess. Sponge with dry cleaning solution. Note of Caution: Mineral Spirits, MEK, acetone and other petroleum-based solvents are highly flammable. Do not smoke or permit flames near containers or near solution when in use. Be sure the area is well ventilated. Animal Waste: Remove if necessary. Neutralize residue with of white distil led vinegar in an equal amount of water. Flush thoroughly with water after application. Chewing Gum: Freeze the gum by applying ice or spray with and scrape to remove residue Fungus, Mold, Mildew and Other Infectious Growths: The Contractor shall apply one (1) time per month an approved germicide to control infectious diseases such as, but not limited to, virus, bacteria, parasites, etc. The Contractor shall also apply as necessary approved chemicals to control fungus, mold. mildew. etc. Use aone-percent solution of hydrogen peroxide in water. Note: Do not use high-pressure water spray with stream force in excess of 2~0 psi as this can damage the turf and displace the till. II. Minor Repairs The Contractor shall be responsible for damage to the synthetic turf caused by his negligence. The Contractor shall not be responsible for damage to the synthetic turf caused by others. Should the synthetic turf be damaged by others the City may request from the Contractor a proposal to make repairs. Note: Do not cut, seam, sew, remove or in any way attempt to repair major artificial grass damage. If extensive damage occurs, contact your Sports Technology International dealer assistance. 47 25C-139 ATTACHMENT 5 .ll~lti_~.l< (`C)I.,C)R P( AN"I`I`vrC: 1NI) ''IAI~'I'I~ ~"~ ~NC'Ia: S'I+:C'1FIC`A''ION Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximu-n flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be removed from the bed. Dm-in« planting <~ently crush the root mass with the fingers to stimulate root gro~~~th in the surrounding soil. Bey=in planting in the center of the bed and keep traffic in the worked soil to a minimum. Male the hole slightly lar~~er than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include but not be limited to the following annual bedding plants: • Spring/Summer -April through October 1 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias • Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus Vandalism Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing/damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing/damaged plants within 48 hours. its 25C-140 The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. 49 25C-141 Plant Cap Attachment No. 7 Site 2" Plugs Shrubs, 1 Gal Ground Cover 64 Ct Flt Vines, 1 Gal 1 Angels Park 200 50 0 50 2 Birch Park 0 250 50 50 3 Cabrillo Park 0 150 0 200 4 Cabrillo Tennis Center 500 250 0 0 5 Fisher Park 200 200 0 100 6 Maybury Park 500 300 0 200 7 Morrison Park 200 150 0 100 8 Portola Park 200 150 0 200 9 Santiago Park 1,000 500 100 200 10 Santa Ana Stadium 2,000 200 0 50 11 Civic Center 2,000 500 200 0 Subtotal District 2 6,800 2,700 350 1,150 Subtotal District 2 {Revised) 5,100 2,025 263 863 Note: This plant cap is an annual plant cap for each district. Plants that die as a result of Contractor's negligence are not applied to this plant cap. Where Contractor can show that vandalism was the cause of the plants death, City will assume cost of replacing (excludes vines). City can elect to install plants in existing bare areas, or new construction areas. Standard Plant Costs 64 Ct. 5 gal $8.84 Flat $9.95 1 gal $2.95 Plugs $0.40 Plants costing more than standard plants shall be considered premium. City will pay only the incremental difference between a standard plant and the premium plant. 50 75% 25C-142 ATTACHMENT 9 TREE PRUNING SPECIFICATIONS 1.0 INTRODUCTION Trees and other woody plants respond in specific and predictable ways to pruning and other maintenance practices. Careful study of these responses, has led to pruning practices, which best preserve and enhance the beauty, structural integrity, and functional values of trees. In an effort to promote practices, which encourage the preservation of tree structure and health, the following policies have been established. These specifications are presented as working guidelines, recognizing that trees are individually unique in form and structure, and that their pruning needs may not always fit strict rules. 1.01 OVERVIEW OF SPECIFICATIONS Any tree work performed in the City of Santa Ana Park and Recreation Facilities (SAPRF) must be done according to the SAPRF specifications. There are different criteria for pruning depending on the purpose for the pruning.,. a. Complete Prune Specifications are used when circumstances deem the entire tree needs to be fully pruned. Safety Prune Specifications require less pruning and are used when specific, possibly hazardous (dead/dying) limbs need removal to eliminate all safety concerns. Safety pruning may be recommended in some circumstances instead of a complete prune. Safety pruning specifications are used for "as needed" pruning as outlined above and address only safety concerns. Safety pruning includes only the basic requirements and does not include the fine pruning detail work outlined in a complete prune. c. Power Line Clearance Prune (PLC) Specifications are used for private tree power line clearance work and for street tree (PLC) pruning when the tree is pruned between its periodic complete pruning cycles. d. Palm Pruning Specifications are used when pruning any type of palm. All specifications are based on International Society of Arboriculture, National Arborist Association and American National Standards Institute criteria. This guarantees that SAPRF trees receive the best possible care. 1.02 .GENERAL REQUIREMENTS The following requirements shall be used during any pruning work to be performed on SAPRF trees: a. Proper disposal of all tree debris generated. b. Assuring good traffic control and -ninimize disruption of the public. c. Assuring adequate safety of employees and the public. 5- 25C-143 Prior to starting any tree work on an SAPRF tree, the Contractor must contact an authorized SAPRF representative. Contact Mike Lopez, Park Services Superintendent at 714/57]-4212 Office or 714/231-6112 cell phone. 1.03 CERTIFIED ARBORIST The Contractor shall employee afull-time, permanently certified arborist, as accredited by the International Society of Arboriculture. This person is responsible for ensuring that the Contractor's crews are performing work according to SAPRF specifications. 1.04 SPECIFIC TREE PRUNING SPECIFICATIONS a. All persons performing tree work on SAPRF trees must be trained according to tree care standards accepted by the International Society of Arboriculture. All persons performing tree work on SAPRF trees in or around primary electrical lines must be trained to do so according to the "Electrical Safety Orders" of the State of California, including all amendments and revisions. When tree pruning cuts are made to a side limb, such remaining limb must possess a basal thickness of at least one third (1/3) of the diameter of the wound so affected. Such cuts shall be considered proper only when such remaining limb is vigorous enough to maintain adequate foliage to produce wood ~~rowth capable of callusin~~ the prunin~~ cut so affected within a reasonable amount of time. d. All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth. Flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar shall not be removed. e. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. All major diseases and/or pest problems shall be promptly reported to an authorized SAPRF representative. g. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with smooth wood surface and secure bark remaining intact. All trees six (6) inches in diameter or less shall be pruned with hand tools only. Chain saws will not be permitted on any trees six (6) inches in diameter or less. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and/or disease problems. h. Wheriever pruning cuts are to be made, while removing limbs too large to hold securely in one hand during the cutting operation, the limbs shall be cut off first, one (1) to two (2) feet beyond the intended final cut. Then the final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Such cutting back shall not include the removal of any live, healthy limbs in excess of six (6) inches in diameter without prior approval from an authorized SAPRF representative. 52 25C-144 No more than twenty five (25) percent of the live wood may be removed from the crown of any tree, without approval of an authorized SAPRF representative, excepting live oaks, which are limited to no more than ten (10) percent. Resulting in keeping as much of the crown of the tree as possible. j. Any extraneous metal, wire, rubber or other material (i.e. stakes, ties) interfering with tree growth shall be removed immediately. k. Any defective or weakened trees shall be reported to an authorized SAPRF representative. Specifically, any structural weakness of a tree, decayed trunk or branches, shall be reported in writing, noting the location of the tree by street address and a description of the hazard found in the tree. I. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, except palms that are more than sixty-five (65) feet in height. m. Beneficial animal, bird nests, nesting cavities or other wildlife habitat shall be prese--ved and protected whenever feasible, unless doing so would create a hazard. I.O~ COMPLE~hE TREE PRUNING SPECIFICn~fIONS Complete tree prunin~~ shall consist of the total removal of dead or livin~~ branches that may threaten the future health, strength and attractiveness of trees. Specitcally, trees shall be pruned in such a manner as to: a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove all dead and dying branches and branch stubs that are one half (1/2) inch diameter or larger. c. Remove all broken or loose branches. d. Remove any live branches, which interfere with the tree's structural strength, and healthful development, which will include the following: 1) Branches, which rub and abrade a more important branch. 2) Branches of weak structure, which are not important to the framework of the tree. 3) Branches, which if allowed to grow, would wedge apart the junction of more important branches. 4) Branches forming multiple leaders in a single leader type tree. 5) Branches near the end of a limb, which will produce more weight or offer more resistance to wind than the limbs are likely to support. 53 25C-145 6) Selective removal of undesirable sucker and sprout growth paying specific attention not to nick or damage the sprout "burl". 7) Selective removal of one or more developing leaders where multiple branch growth exists near the end of broken or stubbed limbs. 8) Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 9) Removal of branches, which project too far outward beyond an otherwise symmetrical form. e. Cut back ends of branches and reduce weight where excessive overburden appears likely to result in breakage of supporting limbs. f. Clear trees of sprout or sucker ~~rowth to a minimum hei~~ht of eight (8) feet above ~~round level. Exceptions arc allowed for young trees, which would he irreparably dama~~ed by such pruning action. g. Obtain a balanced appearance when viewed ti-om the opposite side of the sU-eet immediately opposite the tree, unless authorized by an SAPRF representative to do otherwise. h. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to said trees. i. Clear all branches and foliage within ten (10) feet of primary electrical lines and three (3) to five (5) feet of secondary electrical lines. j. Clear all branches that interfere with telephone, cable and other utility lines within one (1) foot of lines, wherever feasible. 1.06 SAFETY TREE PRUNING SPECIFICATIONS Safety tree pruning shall consist of the total removal of dead or living branches that may menace the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner to: a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (l6) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove dead and dying branches and branch stubs that are two (2) inches in diameter or more. c. Remove all broken or loose branches. 54 25C-146 d. Removing any live branches, which interfere with the tree's structural strength and healthful development, will include the following: - Limbs of weak structure or otherwise hazardous. - Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. - Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 1.07 POWER LINE CLEARANCE (PLC) PRUNING SPECIFICATIONS When trees are in the proximity of overhead energized lines and equipment, reliability of service, safety, and governmental standards require a reasonable amount of tree pruning to avoid conductor contacts and grounding of circuits throu~~h the trees. Power line clearance pruning. therefore, shall consist of the removal of tree branches for proper electric line clearance in order to minimize the likelihood ofpower outages and improve safety. Specifically, trees shall be pruned in such a manner as to: a. Clear all branches and foliage within ten (10) feet of primary electrical lines. b. Clear all branches that interfere with secondary electric lines within three (3) to five (5) feet. c. Protect current tree health, condition and symmetry using Dr. Alex Shigo's book, Pruning Trees Near Electric Utility Lines as a guide. During the tree pruning process, all safe minimum working distances for energized conductors shall be observed. These clearances are defined under ANSI 2133.1-1994. Current ANSI specifications will supersede these requirements when they take effect. Any contact with energized lines shall be promptly reported to an authorized SAPRF representative. Access to backyards must be closely coordinated with the property owner, whenever feasible. Spikes may be used for PLC pruning on palms or other trees only when needed for proper safety reasons. 1.08 PALM PRUNING SPECIFICATIONS Palm pruning shall consist of the pruning of the following palms (Syagrus romanzoffianum (queen palm), Archontophoenix cunninghamiana (king palm), Phoenix Canariensis (Canary Island date palm), Phoenix Dactylifera (date palm), Washingtonia filifera (California fan palm); and Washingtonia Robusta (Mexican fan palm) per these specifications. a. The removal of all dead fronds and other dead plant parts from the trunk. All loose frond sheaths shall be removed along the entire length of the palm trunk. 55 25C-147 b. The removal of all flowers and fruit parts whether dead or alive. c. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, excepting palms that are more than sixty-five (65) feet in height. d. Canary Island date palm (Phoenix Canariensis) trunks shall be cleaned of any weed species. The immediate area below the green fronds shall be trimmed to a symmetrical (pineapple) appearance. The shape shall not exceed a minimum of forty-eight (48) inches or a maximum of sixty- (60) inches length below the green fronds. The trunk when pruning operations are complete shall be left in a clean, unscathed appearance throughout the entire length of the palm trunk. Canary Island date palms shall be pruned using a sterilized handsaw. The handsaw must be cleaned and sterilized before and after pruning each tree. e. All volunteer palm seedlings must be removed that are growing within the streets, parkways, or setback dedicated areas. 1.09 UNACCEPTABLE PRUNING The lollowin~~ procedw-es. or others that will result in tree decline. are not allowed (storm dama~~e and other extenuating, circumstances exempted): a. Severe cutting back of~ all growing tips usually referred to as toppin~~, pollarding. or hat racking. b. Flush cutting where a cut is made even with the surface of the trunk or limb, removing the branch collar and branch bark ridge. c. Stub cutting where branch removal results in the base of branch removed protruding more than approximately one fourth (1/4) inch beyond the zone of branch collar and branch bark ridge. d. Removal of a healthy main leader, for reasons other than power line clearance. e. Excessive cutting or lifting that exceeds the International Society of Arboriculture or SAPRF standards. 1.10 DAMAGE TO PUBLIC OR PRIVATE PROPERTY Should any structure or property be damaged during the tree pruning operations, the persons conducting the work shall immediately notify the proper owners and an authorized SAPRF representative. Repairs to property damaged by the responsible party shall be made within forty-eight (48) hours, except utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Santa Ana. Any damage caused by the Contractors employees shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to the City of Santa Ana and/or SAPRF. Special attention is drawn to sprinkler systems in City landscapes and the need to avoid damage. All damage to irrigation systems shall be repaired as soon as possible at Contractors expense. 25C-148 1.11 WORK PERFORMED ON PRIVATE PROPERTY No SAPRF contracted tree worker shall perform work upon private property without the written consent of the property owner and an authorized SAPRF representative. 1.12 PUBLIC SAFETY AND COOPERATION All tree work shall be conducted in a manner as to cause the least possible interference with, or annoyance to others. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. a. Whenever larger tree sections are being cut in a treetop, which may endanger persons or property, such sections shall be secured by ropes and lowered safely to the ground in a controlled manner. All fire hydrants, meter vaults, water and gas shut off valves, backflow devices, irrigation field controllers and similar facilities must remain accessible during the course of work. Noise levels. resulting ti-om tree wort: operations, must be I:cpt to a minimum at all times. All tree work operations are subject to compliance with all local Noise Restrictions. Operation of U~ee work equipment shall not take place between the hours of 9:00 p.m. and 7:00 a.m. weekdays, or between 9:00 pm and 8:00 am on weekends (Saturday and Sunday). Emergencies are exempt from any time restrictions. d. All tree work done to SAPRF trees must comply with all tree related safety requirements as stated in the safety standards ANS[ 2133.1-1994 of the American National Standards Institute, Inc. 1430 Broadway, New York, NY 10018. l .13 SITE CLEANUP Cleanup of any debris resulting from any tree pruning operations shall be promptly and properly accomplished. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of debris be allowed in such a manner as to result in a hazard to the public. All debris from tree operations shall be cleaned up each day before the work crew leaves the site, unless permission is given by an authorized SAPRF representative to do otherwise. All lawn areas, parkways, streets and sidewalks shall be raked and/or blown clean, and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree pruning operations. All cuttings, branches, wood chips and other debris shall be cleared from the site and disposed of by the Contractor. The Contractor shall obtain permits required for this purpose. Disposal expenses will be the Contractor's responsibility. Debris, such as wood chips, shall be left on property only at the direct and specific request of the owner and an authorized SAPRF representative. Firewood four (4) inches diameter or larger will be left at the work location in a safe manner, unless the wood is not usable as firewood. All firewood to be removed (wood four (4) inches of diameter or larger) must be authorized by an SAPRF representative. 5~ 25C-149 1.14 TIME FOR COMPLETION If awarded this project, the Contractor agrees to complete the work within the time parameters jointly agreed upon by the City, SAPRF, and the Contractor prior to work commencement, unless specific time deadlines are specified elsewhere in these specifications. Once the work has commenced, the Contractor shall diligently prosecute the same to completion. 1.15 PAYMENTS WITHHELD/PENALTIES Should the Contractor fail to finish the work as agreed upon in these specifications the Contractor shall be charged by SAPRF penalties in the amount of five hundred dollars ($500.00) for each calendar day that the work remains incomplete beyond the dates specified. Any amount so charged shall be deducted by the SAPRF from any monies which otherwise are or become payable to the Contractor. In case all the work called for is not completed in all parts and requirements within the time specified, the SAPRF shall have the right to grant or deny an extension of time for completion, as may be seen best to serve the interests of the SAPRF. The Contractor shall not be assessed with penalties during the delay in the completion of the work caused be acts of God or of the Public Cnemy. acts of the State. floods, epidemics, quarantine. resU~ictions, strikes, or unusually sc~~ere ~~~cather. "l~he SAPRF representative will ascertain the facts and the extent of~the delay, and their lindin~~s thereon shall be final and conclusive. 1.16 SUBCONTRACTORS Subcontractors used in the performance of this project shall be listed in the Contractors Bid Proposal. Subcontractors shall be properly licensed by the State of California as a contractor to perform work of this specialty and hold a valid business permit and certificate of insurance with the City of Santa Ana. Should any subcontractor fail to perform the work undertaken by him to the satisfaction of the SAPRF, said subcontractor shall be removed immediately from the project upon the request of the SAPRF and shall not again be employed on the project. The Contractor shall be held liable for the correction of any deficient work. 1.17 ADDITIONS AND/OR DELETIONS OF WORK The SAPRF representative reserves the right to add and/or delete tree work on this project as deemed necessary and in the best interest of the SAPRF. Additions and/or deletions shall be made at the unit price accepted by SAPRF upon award of contract. 1.18 INSPECTIONS An authorized SAPRF representative will inspect the work performed by the contractor to insure completion of the pruning in accordance with SAPRF Pruning specifications. Should more than two (2) inspections be required on trees needing additional work, the contractor will be billed for SAPRF staff time. 1.19 BILLING Contractor shall submit a fully itemized bill listing each tree noting: a. Address (each tree). b. Type of tree. c. Date completed. d. Person completing the job. e. Location of tree (front, side right, side left, rear) 58 25C-150 This information is vital to maintain the city's computerized tree inventory and management system. 2.00 CONTRACTOR QUALIFICATIONS All contractors are required to have a valid appropriate state contractor's license, current City of Santa Ana business license, City Attorney approved certificate of insurance and be knowledgeable in tree pruning and tree care prior to the commencement of any and all work. 2.01 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION The current edition of the "Green Book", Standard Specifications for Public Works Construction and it's updates, supplements and local addendums, shall be included as part of these specifications, unless otherwise directed in these specifications. 2.02 SPECIFICATIONS INTERPRETATION The intent of these specifications is known by the City of Santa Ana and SAPRF. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. The Contractor agrees that interpretations of this contract atter the start of work are at the SAPRF sole discretion. and the Conh~actor shall abide by all such interpretations. 2.03 EX"CRA WORK In the event the Contractor is required by the City to perform extra work, the following procedure shall govern such work: a. When required, by the SAPRF representative, an itemized estimate of cost will be submitted for approval prior to work being performed. The Contractor shall maintain records sufficient to distinguish the difference between direct cost and extra work. He shall furnish reports of extra work on forms, agreed upon and approved by the SAPRF representative, itemizing all costs for labor, materials and equipment rental. The report shall include hours worked and be in accordance with the following conditions: 1. Work will be executed under the direction of the SAPRF on a time and material basis or an agreed lump sum price depending on the nature of the work. 2. The SAPRF representative will issue a work request for such extra work to be performed. 3. Extra work will not be initiated without written authorization, except in emergency call-out situations. The SAPRF representative will solely define specific emergency situations. 4. Extra work may include, but is not limited to, the following: a). Repairs to landscaping, sprinkler systems, and/or facilities, unless damaged by Contractor. 2.04 PROTECTION OF EXISTING FACILITIES AND STRUCTURES 59 25C-151 The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, SAPRF, or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and/or SAPRF shall make the determination of fault. The SAPRF representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty-four (24) hours of the damage incurred. If the SAPRF representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. Contractor shall call Underground Alert (800) 422-4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the SAPRF representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs. he should stop work and immediately contact an authorized SAPRF representative for a timely resolution of the problem. 2.0~ CON"TRACTOR'S STAFF The Contractor shall provide sufficient personnel to perform all worl: in accordance with the specifications set forth herein. A qualified. English speaking supervisor in the employ of the Contractor shall supervise all of the Contractor's personnel. The supervisor shall be available at all times to the SAPRF representative during work operations. The responsibility for all work performed will remain with the full-time certified arborist. The Contractor shall furnish the necessary competent and key personnel to properly supervise and direct the work of fully equipped, competent and experienced crews as well as all safety equipment, including but not limited to, all equipment and work procedures required by ANSI Z 133.1-1994. The Contractor shall secure al I timekeeping, bookkeeping and other necessary clerical and office work required in the performance of the contract. The Contractor shall be responsible for the supervision of all of his crews. He shall check all of his crews regularly for proper quantity and quality of work, proper maintenance of tools and equipment, and safety. 2.06 SUBSTITUTIONS Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 2.07 CERTIFICATION OF MATERIALS All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the ARMD representative. The SAPRF representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non-satisfactory items at his/her cost. 2.08 CONTRACTOR NEGLECT 60 25C-152 Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. 2.09 HOURS OF OPERATION The Contractor shall perform all work between the hours of 7:00 a.m. and 4:00 p.-n., Monday through Friday. No work shall be performed on weekends or on City recognized holidays without written SAPRF approval. 2.10 SPECIFICATIONS AND PLANS The work performed shall be done in accordance with the Standard Specifications for Public Works Construction, latest edition, hereinafter referred to as Standard Specifications. In case of conflict between the Standard Specifications and this Specification, this Specification shall take precedence over and be used in lieu of such conflicting portions. Whe--e the plans or specifications describe portions of work in general terms, but not complete detail. it is understood that workmanship of the finest quality is to be used. Unless otherwise specified. the Contractor shall furnish all labor, materials. tools. equipment and incidentals and do all the work involved in executing the conU-act. 2.1 1 C(_)NSTRUCTION EQUIPMENT The Contractor shall take all necessary precautions for sate operation of his equipment and the protection of the public from injury and damage from such equipment. 2.12 SOUND CONTROL REQUIREMENTS The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 2.13 TRAFFIC CONTROL The Contractor shall notify the SAPRF representative of intent to begin the contract work at least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the areas and shall make arrangements relative to keeping the working area safe and clear of vehicles. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. All traffic delineation and work area protection shall conform to the Work Area Traffic Control Handbook (W.A.T.C.H.) 2000 Edition. The Contractor shall make every effort to keep commercial driveways open during working hours. Should this not be possible, Contractor shall coordinate with the property owners affected to insure that designated times of ingress and egress is available. After working hours, 61 25C-153 all driveways shall be accessible with smooth and safe crossings through any construction area (State of California Traffic Manual). 2.14 INQUIRIES AND COMPLAINTS TI--e Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, SAPRF, and/or private citizens during normal working hours. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the SAPRF representative may, after reasonable atte-npt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the SAPRF may deduct such cost from anv amount due to Contractor fi-om SAPRF. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or SAPRF. If any complaint is not abated within a reasonable time. the SAPRF representative shall be notified immediately of the reason for not abating the complaint followed by a written repo--t to the SAPRF representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the SAPRF representative ,the SAPRF representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit fro-n the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges. 2.15 NOTIFiCAT10N OF LOCATIONS OF WORK The Contractor shall notify the SAPRF representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. 62 25C-154 63 25C-155 EXHIBIT B MERCHANTS LANDSCAPE SERVICES, INC PROPOSAL DISTRICT 2 64 25C-156 COPY Proposal for City of Santa Ana Park Landscape Maintenance Services for City Parks RFP 09-006 PRCSA Due date: April 06, 2009 Time: 5:00 pm Submitted By: merchants landscape services, inc. 1639 E. Edinger Ave., Suite C Santa Ana, CA. 92705 800-645-4881 Fax (714) 972-3185 Contact Bob Shuman bob ac,merchantslandscape.com_ 25C-157 merchants landscape Robert Carroll City of Santa Ana Parks, Recreation & Community Services 888 W. Santa Ana Blvd., 2"d Floor Santa Ana, California 92702 Regarding: RFP 09-006 PRCSA Dear Robert, inc. MLS is pleased to submit the following response to the City of Santa Ana's RFP# 09-006 PRCSA. MLS vast experience with maintaining the parks systems for major cities throughout southern California is unsurpassed. We currently are maintaining similar park systems for the cities of Irvine, Palm Springs, Orange, Ontario and parts of Santa Ana. Our first hand working knowledge of the City of Santa Ana's high standards and it's adherence to following their detailed specifications has given Merchants Landscape invaluable insight for our proposal development. Allowing us to generate a comprehensive proposal that will provide Merchants the labor and materials to not only meet, but exceed the high expectations of the City of Santa Ana. In addition to the formal proposal documents we have also included detail worksheets itemizing the many components of the specifications and their related costs. These should assist the city in evaluating our pricing. There is also a sheet describing any of the deviations we have included. As you will see from the attached company equipment list, Merchants is uniquely equipped to provide all the necessary maintenance and renovation equipment required to successfully complete every task in the specifications. We look forward to meeting with the city to discuss our pricing and to continuing our positive relationship. Thank You Mark Brower President I h 3~)C: E~~~t E~iin~;er Avenue Santa Ana • CA 92705 Tel (800) 645-4881 Fax (714) 97?-;31f3 2~~='~' 58 March 31, 2009 Oo J T l.n A W N '-' ~ O ~O 00 V T lA .A W N W lA A W N .--• C C n ~ ~C ~ ~ r o oo c~ ~n cn ro ~ ~ ~ n ~ c~ a m m x z n = _ ~ , ~ , . W Pj y Q G7 ~ ^ 1• ~ .~1. ~ ~ nT ~9 P1 ~ w ~ u'1 ~ ' ~ ~ b y ~ ~o o` o ~ ~ n ~ tio ' ~ ~ ~, b R ~ ~ o ~ ~ ~ ~ ro ' ~ . n d. ' d ~ i ~ bp1 ~ 7C fp 7C X ~ C m ~ 7S ~ ~ Eyy ~t m a ~ 7 C' 7C' H' ~ ro ~ `j ^ ~ d 7C 7C ~„ n C! ~ . Vl y ~ ' Vj ~ ~ N 1 A N _ ' Gl R A ~ W N -+ O a A N r y n O O ~ V1 V J O~ i ~, .-. 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R. ~ ~ ~ ~ ~ ^ ~ M 1 J ~ ({~i/~±±1 ~ CD H d o ° ' ~ w V1 (j ~ ti Q7 O H , A _ O a. G O' O f~ A N N N .A N N N CO O U7 O O W I n O C71 a O O O O O O O O O H 0 0 0 0 0 0 0 0 0 ~! QQ co O ~ ~ a A ^' a ~, ~ ~ 7 ~ _~ ~ A• d (~ VI '~ f9 a,' ~~ C! `^t O C/7 'O f9 n n ~_ O~ L7 H C17 -! .b tr' d Q: 00 A N C17 25C-'h60 DEVIATIONS 1) Fencing With our past experience in the city Merchants knows the need to provide fencing in order to achieve the specified 100% germination for over seeding and repair of turf areas. However, for bidding purposes this cost was not included in our basic maintenance pricing. We believe that fencing is not a common added cost for the task of over seeding, and since it was not called out in the specifications, other bidders would not consider it a cost. Also, in the past the city has shared some of these costs and by not knowing its level of participation it would be difficult to come with an accurate cost for this. Our preliminary annual cost estimate for this would be approximately $20,000. 25C-161 "° D ~ v -~ -I N ~ ~ m ~ v ~ n ~~ m c ~ .ice ~ p D ~ O ~ ~ "• C Q Q ~ ~ ~ 01 D rD ~ r ~ N ~ m tD I + ~ 7 ~ O. ~ v+ ~ p, O 7 H O ~ ~,• n O ~ .~ o _ S ~ ao W N v _ , ~- -. N 0 ~; ~ F+ ~1-+ lD ~l N ~ F+ W ~ O ~ O O O O O O rn ° ~ ° ° ° ° ° ° o o o o o o o W v N 3 fD 'V~ rr ~ N W F+ N i-+ N A ~ O $ ~ oo W O N ° 0 0 0 0 0 o o g S S o 0 0 , 0 ~, 1O v a w O c~ _« ~ ~ N ~ F-+ 1-+ N ~ (J'1 in ~ N v- 1-+ ~ to --~ in W ~ ` O O O O O O O O O O O p O O O O p O i/I N V 00 Q 0 0 v- N 00 o~ O O Q (7 l V Q (D '~ Vi m r~• ~~ I r"r n I t/! ~ D o z O D ~ Z D r+ -o C ~ ~ ~ 25C-162 O ~ j ~ ~ ~ ~ D ~ ~ T ~ T W V T N n i (p C ~ fD fD fD l0 N (D O ''* r i v 3 _ ~ 'a O O ~ ~, OQ ~. "+ ~ O A ~ ~ O ~ c e- ~ ~ _, ,~ w e- D ~ " ~ ~ -{ i ~ r- ~ T ~ ,~ O ~ r Gl ,' rr cn O ~ f7 ro a ~ O 70 ~ y O n n O N -~ ~ " ''* ~ N O ~ N O O ~ V ~ ~ ~ C -1 w ~ ~ ~ O m O ~ N 1~ N ~ a a o ao ao a 3 C d W U7 ~D A !J7 V F-+ N A CJl ~P f-' rn v oo Oc is O O l0 V in O 0 0 0 ~ o w o 0 0 0 p o 0 O O O l0 O .A O O O O O O O 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 o S o 0 0 c N ~F 1 A N D 3 c 1-+ F-' N N ~.+ ~ F.a o~ A A V W ~ 00 00 F-+ ~-+ 01 pl O U1 O (f1 O N O U'1 O~ O O W w O O d1 t!1 N pp p p O V O p O O O O O O O O O O O O O o O g g o 0 0 0 0 O O o 0 0 o 0 0 0 0 0 0 O O O 0 in v- ~ ~ v- ~ in v- v- ~ v. v- w a 3 C Ol A + F~ N W N F `D N N V Q1 I~ M-+ V lJ7 O I-+ O O w Q N O rn N O O ~ 01 O O cn O .A Q f-+ O Oo O A O O O oo O Oo O ~T O O v O O O O O O O O p O O O O O O p O O O ~+ w 01 N 01 O~ O 0 iA F+ N 00 O tD is O 25C-163 m x a~ N n 0 ry. Q 7 Q (D (D <~ n cD N n y (/'1 D D Z D n O Z D n rn 3 c~ cn D n S Q 0 ~ o ~ ~ 0 3 n`°i o ~ ~ o ~ ~ _ ~- -~ 3 v i~INI--I-~IC1 _v, NIyIWINIC~ N 0 N n~ .~ W 25C-164 VIAINI~ W n _~ ~ SU '~ -~,, Q ~ "'r'i (Q c Z __ D ~ Z D Q a Q ~ ~ A cD N _~ <• ro y ~~ ~ n IV. CONTRACTOR'S REFERENCES SEE ATTACHED These sheets must be completed in ful[ and returned with contractor's proposal. List and fully describe three contracts performed by your company, which demonstrate your ability to provide services in accordance with the specifications included in this RFP. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your company's qualifications. SEE ATTACHED Customer Name: Address: Reference No. 1 Contact Individual: Phone Number: Contract Amount: Year: Description of equipment and services provided: Reference No. 2 Customer Name: Contact Individual: Address: Phone Number: Contract Amount: Year: Description of equipment and services provided: Reference No. 3 Customer Name: Contact Individual: Address: Contract Amount: Phone Number: Year: Description of equipment and services provided: 7 25C-165 MERCHANTS LANDSCAPE SERVICES, INC. REFERENCES CITY OF NEWPORT BEACH 3300 Newport Blvd. Newport Beach, CA. 92658 Contact: Dan Sereno Phone: (949) 644-3069 Project Completion: On going to 2012 Project size in $: $648,000.00/year All City Medians ~ Parkways CITY OF SANTA ANA 888 W. Santa Ana Blvd. Santa Ana, CA. 92702 Contact: Robert Carroll Phone: (714) 571-4218 Project Completion: On going Project Size in $:312,000.00 District 2 -Parks CITY OF SEAL BEACH 211 Eight Street Seal Beach, CA. Contact: Bob Eagle Phone: (562) 431-2527 Project Completion: On going to 2010 Project size in $: $500,000.00/year All City Facilities, Parks and Medians CITY OF ONTARIO 1425 S. Bon View Avenue Ontario, CA. 91761 Phone: (951) 232-4568 Contact: Tim Evans Project Completion: On going to 2012 Project size in $: $850,000.00/year All City Facilities, Parks, and Medians, Districts CITY OF IRVINE P.O. Box 19575 Irvine, CA. 92623 Phone: (949) 724-7619 Contact: Ariel De La Paz Project Completion: On going to 2014 Project size in $: $2,000,000/year City Parks 8~ Sports Parks CITY OF ORANGE 230 E. Chapman Orange, CA. 92866 Contact: Howard Morris Phone: (714) 920-9659 Project Completion: On going to 2011 Project size in $: $750,000.00/year All City Parks & Assessments Districts CITY OF PALOS VERDES ESTATES 340 Palos Verdes Drive West Palos Verdes Estates, CA. 90274 Contact: Carl Mortiz Phone: (310) 378-0383 Project Completion: On going to 2010 Project size in $: $240,000/year Parklands & Right of Way Maintenance CITY OF PALM SPRINGS 3200 Tahquitz Canyon Dr. Palm Springs, CA. 92262 Contact: Vickie Oltean Phone: (760) 831-8665 Project Completion: On going to 2012 Project Size in $: $1,200,000/year Sports Parks, City Parks, Facilities, and Medians 25C-166 V. BIll SUMMARY AND DEVIATIONS FROM SPECIFICATIONS -EXHIBIT E Contractors must provide costs for maintaining each of the locations, and service categories included in Exhibit E at the level of quality described in the detailed specifications (Exhibit A and all attachments). Contractors must also list alI deviations from specifications, if any. The 24 locations included in Districts 1-3 will serve as the basis for proposal evaluation. At the discretion of the Executive Director, one or more optional add-on locations and specialized services may be included in the a -reement with contractor. 25C-167 Vi. PROPOSAL FORM The undersigned contractor agrees to provide park landscape maintenance services in accordance with the specifications. I/We have stated herein the services and fees that 1/we will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section III. Where there is a discrepancy between words and figures, words shall govern. The City of Santa Ana reserves the right to cancel any agreement in the event that terms of this agreement are violated. Merchants Landscape Services, Inc. Name of Contractor (Person, Firm, Corp.) Signature of Aut orized Rep. 1639 E. Edinger Ave., Suite C Address Santa Ana, CA. 92705 Address (800) 645-4881 Telephone Number Mark Brower, President Name and Title (Please Print} P9arch 31 , 2009 Date mark@merchantslandscape.com E-Mail Address 9 25C-168 W ~ W 0 W W W W W W W W W O W O W O W O W O W O W ~ W N W ~ W N W ~ N V N CT N A N A N A N A N A N W N N j j j N -+ j N -+ N .... N _. N ~ N ~ N .a N ~ N ~ N a N B N O A ~ O (~ D ~ D W ~i W ~i ~ w ~i S Q 2 o S ~ S c~ 2 2 c~ 7 ? 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O O O OD .-U 0 N 0 N 0 E W 0 A 0 N % O O V t O (0 N 0 O 0 fT (O W 0 (li (O Cl~ 0 Oi 0 tT 0 (n 0 CT 0 W W r m r W W (T W N ~ V T O O 0 O N 0 Ut '' ~ j V V V ( .1 O V1 c0 t0 (O ti7 (p W (O A (n (A ~ A ~ _ m ~ 0 0 ~ ~ W W Op W W ~ O ~ 0 A 0 A 0 0V1 V ~ f+D ~ W ~.1 N N N cn 0 ~ 07 ~ W v W I ~ OD ~ ~ ~ ~ ~ ~ cmi m ~ cmi ~ ~ ~ o Ni ~ 0 0 o a o o 0 0 0 V 0 0 O F N N N w m m w .... W N f_<D, N ~ ~ C ~ C `~ < ~ G ~ ~ ~ ~ `8 ~ < ~ G `~ ~ 8 G `B < `~ C `~ ~ ` ~ ~ C ~ G ~ ~ m G m G m < m ~ m C m ~ ~ C ~ ~ 7C ~ ~ ~ X m 01 n m n1 m d n m m n m m m u1 F m o1 m 1 . m m m n1 a m m m . m g m m ~ m m v m v m v m v m v m v m v x r' Dr m a ~ m m m m m m » ~ ~ m m m m ~1 m m " o1 m 01 m ° m n~, ~~ nn D ~~ nn D D D ~~f l1 D ~mr l D nn ~ D !A lA m m m ~ ~ i N ~ ~ O -. Q ~ m -, m ~ m ~ m -. m -, -, m ~ -1 m ~ -i m z -~ m -i m -1 m ~ m -I m o T a a o ~ o o m ~ ~ g ~ ~ ~ ~' ~ ? ~ ~ ~ m ts1 m ns m ~1- x ~ ~ ~ ~ n O W S 0 m m QD 0 0 0 0 0 0 0 0 0 m m y c c F ~- m v m v m ~ Dr ~ 0 W cn 0 U1 v, 0 (Ji rn 0 O 0 0 N Z 0 0 rn 0 A a, 0 CT 0 0 N 0 0 N rn 0 O 0 0 rn 0 .... rn 0 rn 0 r 0 0 rn 0 rn 0 O ~ .'0 w 0 0pop w ?O 0 o x .~ ~ .'L7 rn o O ~ O T C7 ~ W OD OD fT O 0 A OD 0D W A OD 01 0 V 0 ~ 3 ~ N t0 Vn 0 O pp A OD (T V OD A A (0 A N A W Cff ~ W N ~ W N p W OD W N A t0 Cn (O (71 t0 ~ N 0 A O 0 A N cO N O N ~ N 0 ~ N 0 W 0 m 0 0 W a fD V Cn OD ~1 Of W W N W 0 -~ C O W W 0 r T to (n (/~ O O N O A a o N co v 0 O W O fr1 O (~J N 0 W 0 ~ 0 W N N W V7 0 X X X 3 3 3 U7 Vl ~• ~ ~- n z z m m m n i c c i i c 0 0 0 0 0 ~ ~ D D 25C-172 THE AMERICAN INSTITUTE OF ARCHITECTS I ~~~ AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Merchants Landscape Services, Inc. 1190 Monterey Pass Road, Monterey Park, CA 91754 as Principal, hereinafter called the Principal, and Hartford Fire Insurance Company One Pointe Drive, Brea, CA 92821 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto City of Santa Ana 888 W. Santa Ana Boulevard, Santa Ana, CA 92701 as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT THE AMOUNT BID IN******************************************************Dollars($10%***********), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for RFP 09-006 PRCSA Landscape Maintenance Services for City Parks NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 19th day of March (Witness) (Wit e s) Donna M. Green 2009 N,,er-c!_ian s Land cape Se i es, Inc. J .. ~~~% C~~' `G¢-y.'.rincipa!) (Seal) ~~ (Title) Hartford Fire Insurance Company 1 i~ j~ I '"Z(Sure~y~ ('Seal) /T - L ./ (Title) MARY S~ITH, Attorney-In-Fact AIA DOCUMENT A310 • BID BOND •AIA ®• FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 25C-173 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On March 19, 2009, before me, DONNA M. GREEN, Notary Public, personally appeared MARY SMITH, .` ~*'~~~'~t. D 0 N NA IV1. G R E E N 1` ;.r ~~~~ `' COMM. 1#1643309 ~ n <<'9••a 9 iiOTARYPUBLiC•CA.LIFURNIA ~' ~~ LOANGELESCOUNTY ~ „~•~,y,. h1y Conm. Expires Mar. 2, 2010 who proved to me on the basis of satisfactory evidence to be the person( whose name( is/aye subscribed to the within instrument and acknowledged to me that -)ae/she/t-ke~+ executed the same in Lt+s/her/2~ei~-authorized capacity(~iesj, and that by kis/her/tkeifisignature~j on the instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature t'%/~ Signature of Notary Public `OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could fraudulent reattachment of this form. / CAPACITY CLAIMED BY SIGNER ^ INDIVIDUAL ^ CORPORATE OFFICER ^ PARTNER(S) ^ LIM ^ ATTORNEY-IN-FACT ^ TRUSTEE(S) ^ GUARDIAN/CONSERVA OTHER: SIGNER IS SENTING: NAME O RSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHF,~DOCUMENT 25C-174 " HARTFORD PlJ\ZA HARTFORD, CONNECTICUT 06115 0 Hartford Fire Insurance Company Twin City Fire Insurance Company 0 0 Hartford Casualty Insurance Company Hartford Insurance Company of Illinois 0 Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest [~ Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: John D. Hunsinger, Mary Smith, T.L. O'Loughlin of Pasadena, CA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surery~es) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2fw0, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ~ ~9y.~; ''~~~: ~~i _-~~1f ~~J ~',i• •C yi T ,6 ~g~r, t!t! M19 1 • 11 • /ttl\911 ~h9tN\. `~ Paul A. Bergenholtz, Assistant Secretary P_ John P. Hyland, Assistant Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 19"' day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ;` ~ . arc . Jean H. Wozniak CERTIFICATE Notary Public My Commission Expires June 30, 2004 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of March 19, 2009 . Signed and sealed at the City of Hartford. 0~. _ _:..• ~WU tear :~''~ - ~ :i~- F ~ i z ~ s z _ ~i' ~ x.9""•"0 ' r.°"'~ i i • ~~..+-~ - ~~+..9.9wrf~ Z ••t•w- ~ lyT• ~ ~ jy7o - 8 • • ~ tt.~~ ,,x+...99 ` ~~~~„' 1• ~r • ••4tn9n•c ~.y .~ ~~ 7!t! NIW ~ Colleen Mastroianni, Assistant Vice President 25C-175 25C-176 LANDSCAPE AND MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 18t~' day of May, 2009 by Mariposa Landscapes, Inc., a California corporation (hereinafter `'Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of high- level park landscape maintenance comparable with standard industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. ('. In un~lertal:in~~ the performance ofthis A~rr~cment. Contr~ictor represents th~it it is I:nowled~~eablc in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform landscape maintenance services for Santa Ana Parks, District 3, as set forth in City's Request for Proposal 09-006, dated February 27, 2009, incorporated by reference to this Agreement, the Specification for Routine Maintenance, attached hereto as Exhibit A, and Contractor's Proposal dated April 6, 2009, incorporated by reference to this Agreement. Said maintenance includes the baseball/softball diamond maintenance, which Contractor has subcontracted to Major League Softball. 2. CITY INSPECTION The Executive Director of the Santa Ana Parks, Recreation and Community Services Agency, or his designee, shall regularly inspect the parks, playgrounds, fields and other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the agreed manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated costs of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per Park not meeting the Specifications during any such inspection. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not 25C-177 exceed $424,156, plus a five percent (5%) contingency for total amount not to exceed $445,364.00 annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed during the prior month, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on July 1, 2009 and terminate on June 30, 2010 unless terminated earlier in accordance with Section l2, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. The term may be extended for up to four additional one-year terms at the sole discretion of the City. 5. INDEPENDENT CONTRACTOR ConU~actur shall. during the entire term ui~this i~grccment, be a~nstruecl to be an inclcpcn~lent contractor and not an employee of the City. This agreement is not intended nor shall it be construed to create an employer-employee relationship. a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of 25C-178 the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the Citv's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials upended prior to noll~l~allOn O~ lCrilllnallOll. COnlraclol' tV'al~`CS IiIC I'I~~ht tl~ 1'~C~iV`C COI111~CnS~111C~n <lnl~ a~!I'CCS ll1 Indemnll)~ the Clt~' IOr an)' ~\-'Ork pG'lOi'111C(l pi'lor 10 appl'OVa~ Ot InSllranCl: by the CIt)'. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services provided by Contractor pursuant to this Agreement: and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable rel ief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, 25C-179 electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in ~~ritin~~ ~~nd shill he deemed to be proprrl~~ <~i~~~~; if ~iclivrrccl in person or mailed b_v first class or c~rtilic~l mail, po;ta ~c ~~repai~i, or scnl b~~ ~~I~fa~similc or other tal~~~rapl~i~ ~un~n~uni~ati~~n in [h~ manner pruvi~led in this Section, to the Following persons: "Fo City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: and Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: Mariposa Landscapes, Inc. 15520 Arrow Highway Irwindale, California 91706 Telefacsimile (626) 960-3809 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United 25C-180 States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not cmb~~dicd hcrrin. In the event oFa conflict between the terms oFthis Agreement and any Exhibits or Attachments hereto, the terms ofthis Agreement shall prevail, Followed by the provisions of Exhibit A. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 13. TERMINATION AND DAMAGES This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. b. Material Breach: If the Director determines the Contractor has failed 'in the performance of its duties and/or schedule as provided, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity including but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or another contractor at Contractor's expense, as determined by the Director. Contractor shall be responsible for all costs resulting from breach, including incidental and consequential damages. In the event of a material breach, which 25C-181 remains uncured after five (5) days notice to Contractor, City may terminate this Agreement upon thirty (30) days written notice of termination. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses ofthis Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County. California, shall be the venue for any action or proceeding= that may be brought or arise out of, in c~~nncction ~~ith ur b~~ rc~~um ofthis ,1~~recmcn!. 16. PROFF,SS[ONAL LICL:NSLS Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination ofthis Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms ofthis Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body ofthis Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY DAVID N. REAM 25C-182 Clerk of the Council APPROVED AS TO FORM: City Manager JOSEPH W. FLETCHER City Attorney MARIPOSA LANDSCAPES, INC. By: Laura Sheedy Assistant City Attorney TERRY NORIEGA President Tax ID# rxtln3l~r A SPECIFICA~hION l~'OR ROUTINE MAINTENANCE L GENERAL CONDITIONS A. FUNCTIONS AND RESPONSIBILITIES 1. City -Director's Authority The Director is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director. In the event that the Contractor effects any such changes at the direction of any person other than the Director, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, not involving extra cost. When the performance of the work or completion per schedule is determined to be sub- standard, he may (I) recommend that all or a portion of payment be withheld, and/or (2) direct the work be accomplished by either City forces or separate contractor, in order to complete the necessary work as close to schedule as possible, and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director, or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. 25C-183 2. Contractor a) Local Office The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. b) Submittals Prior to performing, Contractor shall submit to the Director for approval: I) a detailed annual, monthly and weekly work schedule; 2) time sheets of employees assigned to the contract areas; 3) names and titles of all persons working on the project and their qualifications; 4) and equipment, materials and/or chemicals to be used on the project. The information contained in the above referenced documents shall be updated with any new information as available. The Dircct~~r shall he inu»cdiatcl~~ notiGcd of any chan~~cs t~~ the abOVe In~OCmallOn. c) Uniforms and Vehicle Identification The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, ,jackets, vests and ANSI approved safety shoes. All uniforms will be marked with some form of company logo or other form of identification. All vehicles and equipment on the project site shall be in operable and working condition, clean appearance without visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name clearly identified on the right and left side doors. B. SAFETY REpUIREMENTS All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. In the event unsafe work is observed by City staff or otherwise reported, the Director may at his discretion order Contractor to stop performing and pay all costs and or damages resulting from the delay. C. SAFETY NOTIFICATION If Contractor identifies a potential safety issue, Contractor shall: 1. Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 2. Notify the Director of the condition first by phone and then in writing (e-mail is acceptable) including digital photographs of the potential safety concern if possible. a 25C-184 Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. D. UNDERGROUND ALERT SYSTEMS Underground Alert Systems (telephone number 1-800-422-4133) must be notified 48-hours in advance prior to any excavation work. . E. PROPERTY DAMAGE Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. F. ACCESS TO PRIVATE PROPERTY Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and/or consent required Ii~om City and/or pr~~pcrl~~ ~~wncr. G. PRO~hI~CTION AND RESTORA"PION OF EXISTING INIPROVEMEN-~S The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre- approved for removal. TRAFFIC CONTROL The Contractor will not interrupt traffic flow on City streets. In situations where it is necessary to restrict traffic flow, the Contractor will contact the appropriate City department and obtain all necessary permits and/or consent from the responsible public agency. H. MONTHLY REPORTS Prior to the first day of each month the Contractor shall submit the following reports: 1) employees daily work schedule by location and crew/task(s); 2) pesticide use report that was forwarded to the Agricultural Commissioner's Office; 3) irrigation report; and, 4) "green waste" recycling report. I. WATER COST City will pay for water used by Contractor pursuant to this agreement up to a specified amount detailed in a monthly Estimated Applied Water (EAW) report (see Attachment 6). Should the amount of water applied exceed the monthly EAW then the Contractor shall pay the cost of the excess water. II. GROUNDS/LANDSCAPE MAINTENANCE SPECIFICATIONS 9 25C-185 A. DEFINITIONS 1. "Director" shall mean the Executive Director of Parks, Recreation and Community Services or designated representative. 2. "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 3. "Weed" shall mean any undesirable or misplaced plant. B. SCOPE OF WORK It is the intent of this agreement to continually improve the quality of the facilities. The Contractor shall provide all labor, training, materials, tools, equipment, transportation, hauling, dumping, fertilizers, pesticides, chemicals and other items needed to perform high quality grounds/landscape maintenance pursuant to the terms defined herein. The Contractor shall provide all grounds/landscape maintenance at work sites listed herein, includin~~. but n<~t limited t~ prunin<~/trimmin~~. sh~~pin~, ~~n~i trainin~~ of treys. shrubs. and ~,ruund cover plants, removing and cuntrullin~~ weeds, conU~olling plant diseases anal pests: mu~~ in~~ tort; cd~~in~~ turf and gro~n~d cover; irrigatin~~ plant material; maintaining and repairing irrigation systems; removing trash and debris ball diamond maintenance; picnic area maintenance; tot-lot maintenance; and, other services required to maintain the work sites in a sate, attractive and useable condition. The Contractor shall maintain all plant material in a healthy and beautiful condition using the best industry/ horticultural accepted standards for growth, color, and appearance as determined by the Director. Scheduling of Work -Contract Start-up The Contractor shall, within three (3) months after commencement of services, bring all sites subject to this Agreement to the level set forth in the specifications as follows: a) Turf -Aerate and fertilize all turf using Nitra King 19-4-4 at one (1) pound of actual nitrogen at one pound per 1,000 square feet. All weeds shall be treated using selective post emergent herbicides until weeds are eradicated. Dallas Grass shall be eradicated using broad spectrum post emergent herbicide. b) Shrubs -Fertilize using Nitrl King 19-4-4 at one (l) pound of actual nitrogen at one pound per 1,000 square feet. Diagnose and treat all diseased or unhealthy plants. Prune shrubs. Provide report of diagnosed/treated plants. c) Groundcover -Plant new groundcover every 12" triangular spaced to fill in bare areas. Fertilize using Nitra King 19-4-4 at one (I) pound of actual nitrogen at one pound per 1,000 square feet. d) Trees -Prune all trees to specification. Establish tree rings. e) Irrigation -Perform start-up irrigation system check and repair all heads, swing joints and lateral lines, raising and adjusting heads/nozzles as necessary. io 25C-186 Provide proposals to perform extra work for valve, main line, field wire, backflow prevention devices, etc. repairs. f) Mulch -Install Aguinaga Black Forest mulch size 0" to 1-1/2" or approved equal ''/z" thick in all planters, designated tree rings and other designated areas. g) Pavement Cleaning=Perform hardscape pressure washing per Section B.2.9.c of routine maintenance specification. h) Contractor understands that it is assuming maintenance responsibility of the parks/locations "as is" and is responsible for improving all aspects of the parks, irrigation system, hardscape, turf, ground cover, plants and all other areas to the quality described in these specifications, at no additional cost to the City, during the 90 day start-up period. i) Rebuild pitcher's mounds and batters boxes using Hilltopper by Stabilizer Solutions for ball diamonds with sport turf infiields. Usc Ballyard by Stabilizer Soluti~~ns can ball diam<~n~ls ~~.ith shinnccl inficl~ls (~~~ith no turf). 13attcrs bo~crs shall b~ 3" thick. I'itchcrs muuncls shall be ~i ~.. thicl; cup cif nuilrrial uvrr a c~~mhacted the stan~lar~1 inficid miz. Schedulin~~ of Work- Routine Maintenance a) The Contractor shall provide landscape -naintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified only with the Director's consent. Landscape maintenance that generates excess noise cannot begin before 8:00 a.m. b) The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. Schedules listing the name and size of specific crews performing daily, weekly, monthly, annual and periodic maintenance shall submitted to the Director each month. A copy of these schedules shall be provided to the Director prior the performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification. Each person/crew will be identified and list the number of employees by job classification. Once the initial schedule of "routine work" is completed the Contractor shall notify the Director in writing before any changes are made. c) The Contractor shall establish a schedule of renovations, pruning/trimming and other infrequent operations. A copy of this schedule shall be provided to the Director prior to performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. Once the initial schedule is completed the Contractor shall notify the Director in writing before any changes are made. Work Force 25C-187 a) Contractor's superviso-y personnel (Supervisors) shall have a combination of five years experience or education in Ornamental Horticulture, Landscape Architecture, Irrigation Technology or related science. Supervisors shall also possess landscape/grounds management skills required to implement modern methods and newly developed horticultural and arboriculture procedures and/or practices. Supervisors shall accompany the Director on weekly inspection tours of the contract sites. During the tour the Supervisor shall indicate the work completed the previous week, any changes that were made or are being contemplated and the work scheduled for the upcoming week and month. b) The Contractor shall provide a Certified Irrigation Specialist in each district who possesses, at minimum, a Certificate in "Ornamental Horticulture Certificate of Proficiency Specialization in Landscape Irrigation" or holds a current California Landscape Contractors Association "Certified Landscape Technician" certificate to manage each sites irrigation systems controller programming, performance and maintenance including, but not limited to, performing all irri~~ation checla/report writin~~ and to perform repairs and/or. modifications to the irri~~ati~~n s~~stein. Y~~u ;~r~,i~~s.-I ~~ill he c~~,-lu~-t~~cl ~~n the yualilicati~~n of ~I-is individual and -hc ~tnu~un[ of I~~fl~~~ ~~-u a~si<,n lc~ c~-ci ~li5u~ict. c) The Contractor shall insure that all staft~ has a minimum of two years of landscape maintenance experience or education. d) The Director may request that the Contractor perform additional work or services to meet the performance standards required by this Agreement. e) Director may require Contractor to remove any employee from work sites at his or her discretion. 4. Materials a) The Contractor shall submit to the Director a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturers data that may be pertinent. The list must be submitted before any materials/chemicals are used pursuant to this Agreement. b) The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: (I) All fertilizers shall~be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep lawns, trees, shrubs and other plants in a healthy and vigorous growing condition. (2) Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed 12 25C-188 analysis, and brought to the job site in the manufacturer's original container. (3) Tree stakes, tree ties and guy wires shall be of materials matching those existing at the work site or as specified by the Director. Recycling All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed compositors/green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. IZoutinc maintenancc shall incluclc but n~~t be lin-itccl to the I~~IIo~~~ing scrviccs ~~~rl~rmc~1 at the Work Sites listed in Exhibit E. Tu--f Care Turf care shall be differentiated by the two types of turf - "Casual Turt" and "Sport/Priority Turf (see site maps in Attachment 2 that identify the areas for each type of turf). Note that the ball diamond infield sub-contractor shall perform all maintenance of turf inside the infield arc line. This includes the infield turf and the foul territory turf. a) Mowing All "casual" turf (non-sport/priority turf) shall be mowed: 1) weekly May 1 through October 31 and, 2) every other week November 1 through April 30. The Contractor shall use a tractor powered reverse flail mower for the larger open turf areas, a 52" mower and a small walk behind mower for areas between trees and other park amenities. The Director shall determine height of cut. String trimmers are not allowed for mowing turf. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. (]) All "sport/priority" turf as described in Attachment No. 2 shall be mowed once a week all year. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. The Contractor shall mow the sport/priority turf areas at 3/4" to 1" using a power driven fairway reel mower and a walk behind reel mower along skinned infield brickdust areas, turf infields, turf infield foul areas, soccer/football fields, soccer/football out of bound areas. The Director's Representative shall direct the Contractor to mow the sport/priority turf lower than '/4" 13 25C-189 to 1" if necessary. Note that the ball diamond infield maintenance sub- contractor shall be responsible for mowing turf infields and other designated ball diamond turf areas. (see Attachment I ). (2) The Contractor shall maintain mowers that provide a smooth, even cut without ridges or depressions and without tearing of the leaf blades (caused by unsharpened mower blades). Mowing shall be performed at the speed the mowers manufacturer specifies to maximize quality of cut. Mowing shall be performed with straight and flowing patterns approved by the Director's Representative. The emphasis will be on quality mowing vs. speed and unprofessional patterns. From time to time the Director will direct the Contractor to change mowing pattern to minimize rutting and compaction. The Contractor shall mow grasses and broadleaf plants once per month in the Santiago Park Day Camp (Nature Reserve) meadow area. b) Ed~~in~ and Detailing ;III ccl~,in~, shall be pcrformccl with the use of` a ~~1cClain's c~l~~~r or ~~E~pru~ cal substilutc. Sticl: c~l~~crs arc not ~iII~~~c~L Cuntra~t~~r shall c~l~~c all furl a~ljaccnt to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas. Edging/detailing shall be performed at the same time mowing occurs. Chemical detailing of turf may occur with the Director's approval. if chemical detailing is performed, the Contractor shall use the string trimmer to remove the treated turf within one (1) week after symptoms of phytotoxicity become recognizable. (1) The Contractor shall use the McClain's edger to edge straight lines along fences, walls, or long flowing arcs. The Director's Representative may require the Contractor to use string lines to edge straight lines if the Contractor's staff fails to achieve this quality without this method. (2) The Contractor shall detail around trees, along walls/fences and other park amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform the Director shall direct the Contractor to repeat the detail process. (3) The Contractor shall detail turf not greater than ] 0" away from walls or fences. Detail lines shall be made straight and shall be maintained straight. The Contractor shall, at his own cost, supply top soil and an approved turf seed to reduce any existing bare soil areas along walls/fences that are greater than 10". c) Fertilization (1) Casual Turf -Contractor shall apply fertilizer four (4) times per year at a rate specified in the City's Agronomic Plan (see Attachment 3) with 14 25C-190 Nitra King 19-4-4 during fall-winter and Lesco 39-0-0 during spring- summermonths. (2) Sport Turf/Priority -Contractor shall apply fertilizer seven (7) times per year per the City's Agronomic Plan" (see Attachment 3) using a complete or approved fertilizer. The rate of application shall be at a rate specified in the City's Agronomic Plan. The Director may request proof of fertilizer application in the form of empty fertilizer bags. d) Irrigation-all turf (1) Contractor shall ensure irrigation schedules are constantly monitored to provide adequate moisture in the soil for healthy turf, and avoid excess wet conditions. (2) Contractor shall not schedule irrigation of sports fields at least 24 hours pi°ior to the ir~owing process. During cooler periods of the year avoid irri~~atin~, ~8 hours prier to the mo~~ proccclures to ensure t~ quality cut oi~ tic tur(~. (3) Under normal conditions the conh~actor shall not schedule irri<~ation on Friday and Saturday nights to avoid wet conditions during weekend usage. Prior approval will be required to irrigate during weekends to coordinate with reservations. (4) Turf areas shall be watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall turf areas show a lack of green color or a loss of resilience due to lack of water. if Contractor estimates additional water above and beyond the monthly Estimated Applied Water (EAW) may be needed, he/she shall request approval from the Park Service's Utility Coordinator prior to exceeding the monthly irrigation budget as detailed in the Monthly Water Conservation Report Estimated Applied Water (EAW) requirements (see Attachment 6). Failure to get approval from the Park Service's Utility Coordinator prior to exceeding the monthly irrigation budget will result in the Contractor to pay for the excess water. (5) When an irrigation system does not adequately provide water to the turf area in which it is installed, due to any reason including but not limited to controller failure, valve failure, broken heads, poor system design, etc., the Contractor shall provide supplemental irrigation at no extra cost to the City. The Contractor may use any reasonable means necessary to uniformly irrigate turf areas. (6) Should the Contractor not respond to signs of turf stress immediately, the Director, in his sole discretion, may dispatch his own staff to remedy the stress and deduct the cost form the monthly invoice submitted by Contractor. ~5 25C-191 (7) Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed not to exceed the EAW. In the event that Contractors water consumption exceeds the EAW City may deduct said overages from the Contractor's monthly invoice. (8) Contractor shall ensure that all staff working on irrigation possess one of the following certifications: a. California Landscape Contractor's Certified Landscape Technician Program b. Fullerton College Certificate of Proficiency in Landscape Irrigation c. UC Riverside Certificate in Landscape Irrigation e) Weed Control-all turf The Contractor shall keep all turf, casual and sport/priority turf, free of all turf type weeds, especially Dallis Grass, Goose Grass. Poa Annua, Neddle Grass and hrcruilcaf ~~~cccls at ,-II time. ~I-hc Coi,lr<ictc~r .hall. al~~n~~ ~~~ith the mm~thl~~ I'cstici~le Use report, submit a ~~~rittcn schc~iulc fur ~~~ccel ahatcn-~nt in turf specifying the method, day and location where ~~~ccd abatement ~~ill be performed. The Director's Representative; will review and approve written schedule taking into consideration the park's use. (1) Contractor shall apply approved pre-emergent herbicides to al I turf areas in order to control the germination of noxious weeds i.e. Dallis Grass, Goose Grass, Crab Grass, Nutsedge, Plantain, Oxalis, etc. (2) Should turf type or broadleaf weeds germinate, the Contractor shall control the weeds immediately upon recognition by way of selective and/or broad-spectrum post emergent herbicides approved by the Director. f) Replanting-all turf (1) Should turf begin to stress for any reason, Contractor shall begin applying supplemental water and shall overseed these turf areas using La Prim XD (spring/summer) or Stover Seed Grand Slam perennial rye (fall/winter) seed at the manufacturer's recommended rate and process. (2) Should turf die back to the point where soil is visible, Contractor shall sod these turf areas using Greg Norman 1 hybrid Bermuda. (3) The Contractor understands and accepts that at the beginning of the agreement there may be existing turf areas that are thin or bare. The Contractor, by entering into the agreement, shall routinely and at no extra cost to the City, repair thin or bare turf areas by overseeding or sodding with approved seed or sod until a thick healthy stand of turf is established. 16 25C-192 (4) Contractor also understands and accepts that Santa Ana is a very heavily used park system, including increased foot traffic, athletic play, and other uses. g) Aeration The Contractor shall aerate all turf areas, casual and sport/priority turf four (4) times per year in March, June, September, and December. An aerator that will remove soil plugs and deposit the cores on the surface of the turf shall perform aeration. Cores shall be pulled to a depth of 6". i) Sport/Priority Turf Renovation (1) Once (1) per year during the spring/summer or the fall/winter (as determined by the Director) the Contractor shall renovate sport/priority turf using: (a) spring/summer - LaPrima XD seed at ~,.~ (6) pounds per 1.000 syuv~c fic~t in bare arras aucl ~uur (-i) hounds her 1.(10(1 syuarr ~Crl ~~ here turf mists: (b) falli~~intrr Stover Srr~1 Company Grand Slam sre at ci~ht (8) pounds per 1,000 square feet This shall be accomplished by mowin;~ the existing turf down to '/a'' followed by verticutting (straight blades) to remove thatch. Prior to seeding the contractor shall have the irrigation system functioning properly and have a plan to provide supplemental irrigation as necessary to germinate the seed to 100%. The field shall be top dressed prior to seeding to provide a 100% flat playing surface. (2) Once per month after the initial seeding process is completed the Contractor shall overseed with at a rate of one (1) pound per 1,000 square feet by mowing the existing turf down to 3/4" followed by verticutting (straight blades) to remove thatch. (3) The Contractor shall guarantee uniform germination/100% coverage free of non-germinated areas within three (3) months from the time the first application of seed or will sod any thin or bare areas with Pacific Sod Greg Norman 1 Hybrid Bermuda sod or Pacific Sod Greg Norman l Hybrid Bermuda Sod that has been "cropped over" with perennial rye grass. Director shall determine sod based on availability/season. 2. Ground Cover Care a) Edging and Detailing (1) Ground cover beds shall be maintained within their intended bounds and edged and/or detailed the first week of every month to keep the beds looking manicured at all times. ~~ 25C-193 (2) Ground cover shall not encroach into lawns, shrubs, adjacent desirable bare areas, curbs, wall fixtures, furniture, beneath and/or into other plants, etc. All sites shall be cleaned following each edging/detailing, including streets. b) Mulching of Bare Areas In all groundcover areas where bare soil is visible or where the groundcover is thin so the soil is visible, the Contractor shall apply Aguinaga Black Forest Floor Mulch or approved equal, size 0" to 1 `'/z", ''/z" thick minimum every other month starting in January during the third week as necessary to maintain uniform and complete coverage. Mulch is to be maintained within its boundaries. c) Fertilization The Contractor shall fertilize all groundcover areas four (4) times per year in \I~u-~h..lune. Scptci»hrr. ~~nd I)cccmhcr ~~t t~~~~~ (?} p~~unds ~,f~actu~il nitr~~~~cn ~~cr 1.000 syuarc Icct u~in~~ ~l sl~~~~~ rclca~~ l~rtiliz~r u~in~, .I~I~~-1 \uU~i~nta Cuin~~lclc S-?--1 sail c~nditiuncr plus N{'I~ slo~~~ release Icrtilizcr at a ral~ ~~I ci~~ht (~) puunds of actual nih~ogen per 1,000 per square feet. d) Replantin~T -Premium Plant Material The Contractor shall plant each year, in any area determined by the Director, 2" plugs of premium plant species at appropriate spacing so as to achieve complete coverage once the plant is 2/3rds mature. The Contractor shall be responsible for the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. See Attachment 7 for plant cap. e) Replanting -Standard Plant Material The Contractor shall plant each year, in any area determined by the Director, 64 count flats of standard plant species at a appropriate spacing so as to achieve complete coverage once the plant is 2/3rds mature. The Contractor shall also be responsible for the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. See Attachment 7 for plant cap. ~s 25C-194 3. Shrub Care a) Pruning/trimming All shrubs growing in the work areas shall be pruned such that the plants remain in a healthy growing condition. Plant growth shall be maintained to prevent overgrowth into passageways, walks, streets, view of signs or in any manner deemed objectionable by the Director. Dead or damaged limbs shall be removed so that no projections or stubs remain. Pruning/trimming shall be done by hand shears or toppers in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. "Box hedging" may be required on so-ne shrubs, as set designated by the Director. Shear hedging or severe pruning/trimming of plants, unless authorized by the Director, is not permitted. Topping of plants whose natural growth stems from the base of the plant is not permitted. Should the Contractor top, shear hedge or severely prune plants and disfigure or damage the plants. the Contractor shall be responsible for replacing those plants with like Kind and size as and subject to approval by the I)irccti~r. "I~he Con[ra~tor nu-~~ be reyucstcd from time t~~ time t~~ rime the h~~uum ~~f the shrubs for security reasons. b) Replantin~~ The Contractor shall plant each year, in any area determined by the Director, 1 gallon standard shrubs at an appropriate spacing so as to achieve complete coverage once the plant is 2/3rds mature. The Contractor shall also be responsible for the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. See Attachment 7 for plant cap. c) Mulching of Bare Areas In all shrub areas where bare soil is visible or where the shrub is thin so the soil is visible, the Contractor shall apply Aguinaga Black Forest Floor Mulch or approved equal size 0" to I ''/z", ''/2" thick minimum every other month starting in January during the third week as necessary to maintain unifor-n and complete coverage. Mulch is to be maintained within its boundaries. d) Fertilization The Contractor shall fertilize all shrub areas four (4) times per year in March, June, September, and December using JTM Nutrients Complete 8-2-4 soil conditioner plus NPK slow release fertilizer at a rate of eight (8) pounds of actual nitrogen per 1,000 square feet. ~~ 25C-195 4. Tree Care a) Height/Quality of Pruning In July and August of each year the Contractor shall routinely Class 1 prune all trees up to a height of fifteen (I 5) feet. All trees within the scope of work shall be maintained to keep the natural integrity and shapes of the trees. Pruning shall be accomplished in a manner that will ensure that each individual tree is Class I pruned as set forth in the City of Santa Ana Tree Pruning/trimming and Stump Removal Specifications (see Attachment 9). In addition, the Director may require the Contractor to remove or prevent encroachment of trees into the public right of way where the tree blocks vision or is considered undesirable. Low branches overhanging sidewalks shall be trimmed to a height of nine (9) feet above finish grade. Young trees needing pruning/trimming, training, and shaping to develop caliper and a strong structural fi-ameworl: may have low branching laterals and or appropriate sucker ~~rowth. h) St;~l:in~~. "I~~~in<~ and Gu~~in~~ \II treys rc~~uirin~ ~taki~~~~ shill be sccurcly stal~c~l at ,ill tin~c~ ~~ith ~t~il:cs ~in~l rubber cinch ties approved by the Director. Rubber hoses and ~~~ire are not permitted ties. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the Director. Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree. c) Mulching of Bare Areas In designated tree ring areas where bare soil is visible the Contractor shall apply Aguinaga Black Forest Floor Mulch or approved equal size 0" to 1 ''/2", ''/z" thick minimum every other month starting in January during the third week as necessary to maintain uniform and complete coverage. Mulch is to be maintained within its boundaries. d) Fertilization (1) Cycad and Palms shall be fertilized two (2) times per year in March and September with Nutricote 13-5-I 1 total 3-stage controlled release palm fertilizer at the manufacturer's recommended rate. e) Hazardous Tree Reporting In the event the Contractor detects any tree displaying roots heaving or girdling (either by roots or a foreign material), leaning, broken or hanging limbs, or if Contractor determines that potential safety hazard may exist Contractor shall notify the Director by phone within twenty-four (24) hours. 20 25C-196 f} Loss of Trees The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's failure to perform under this agreement. Failure to perform includes but is not limited to, girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning/trimming techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations. All trees that exhibit the signs of disease or any other signs of distress shall be inspected by a Certified Arborist approved by the Director. Should the Certified Arborist determine that the tree had a terminal disease that the Contractor could not have treated or prevented, the Contractor shall not be --esponsible to replace die tree. However, should the Certified Arborist determine that the tree's unhealthy condition or death could have been prevented had the Contractor treated the tree then Contractor shall be responsible for the cost of treatment to restore the tree to a health~~ conditi<~n or re~~lacc the tree. ~I-hc latest ;lmcrican Shade 'I~rcc Conl~rcncc ~,uidelincs fur value clctcrmination ~~iil ~Ietermine the ~'aluc of the trees lost. By entering into agreement with the City the Contractor acknowledges that they accept the condition of each tree and should a tree ~~o into decline or expire the Contractor agrees to replace the tree with like species and size or agree that the City shall withhold payment equal to the value of the tree. Perennial/Annual Color All perennial/annual color beds shall be maintained and planted/rotated four (4) times per year as detailed in Attachment 5. Annual color is part of the base bid and not part of the plant cap. For every rotation l 50 flats are planted in annual planting areas. 6. Vine Planting, Establishment and Maintenance a) Planting Contractor shall continuously plant throughout the year at its own expense 1 gallon Parthenocissus tricuspidata (Boston Ivy) vines at 15' on center along property walls, building walls, and any other park owned walls until the vines mature and cover the walls. Note that the Contractor shall irrigate the vines and fertilize as necessary to promote healthy and vigorous growth. The Contractor will immediately replace any vine at the Contractor's expense that is lost for any reason including but not limited to lack of water, vandalism, accidental post emergent spraying, etc. See Attachment 7 for plant cap. b) Contractor shall trim the vine once it reaches the top of the wall or at a specific height on the wall, as determined by the Director. The Contractor shall keep vines off telephone poles or other non wall surfaces at all times 21 25C-197 7. Weeds, Disease and Pest Control a) Weed Control All hardscape areas shall be kept free of weeds at all times. Weeds shall be removed by hand and/or approved mechanical or chemical methods. Director may dispatch City staff to remove weeds that reach two (2) inches or greater and are not removed immediately. In such instance, the cost will be deducted from the Contractor's monthly invoice. b) Disease and Pest Control (1) The Contractor shall inspect on a daily continuous basis all landscaped areas (turf, trees. shrubs, ground cover, and annual color) for presence of disease, insect, rodent infestation or any other pests. If any pests, such as but not limited to, disease, insect, algae, birds, animals, such as rabbits, squirrels, or rodent infestation (rodents including rats, gophers. miles. voles. etc.) is discovered. it shall immediately he controlled by the Contractor at hisiher espcnse using, the salest and nn~s~ cxpedien~ method. (2) "hhe Contractor is responsible for inspecting all plant material on a continuous basis and. as necessary, treating plant material to maintain optimwn health of the plants. If any plant material (tw~f. groundcover, shrubs, t~°ees) dies without the Contractor diagnosing the plant and implementing efforts to restore the plant to a healthy and attractive appearance, the City will assume the Contractor caused the plant death. Contractor will be required to replace the plant with like species and size at no extra cost to the City. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. In the case where turf is lost due to pest damage, the Contractors shall replace the area of turf lost with Pacific Sod Greg Norman I Hybrid Bermuda (during spring/summer) and Pacific Sod Greg Norman 1 Hybrid Bermuda that has been cropped over with Perennial Rye grass (during fall/winter). 8. Irri ation System Maintenance a) General Responsibilities (1) Contractor's Certified Irrigation Specialist shall use automatic or mechanical irrigation systems to irrigate all landscape areas detailed in this Agreement. In the event the existing irrigation system fails to provide full and proper coverage, the Contractor shall provide alternate irrigation with full and proper coverage to all areas in the work site at no extra cost to the City. 22 25C-198 (2) Newly planted trees, shrubs, ground cover and turf shall receive adequate water to promote normal healthy growth. Proper berms or basins shall be maintained during plant establishment period. b) Operation of Automatic Irrigation Controllers Where the operation of automatic irrigation controllers is required, the Contractor shall: (]) Not duplicate any coded City key furnished by the Parks, Recreation & Community Services Agency for access and operation of the controller. (2) Surrender all keys furnished by the Parks, Recreation & Community Services Agency at the end of the contract period or at any time deemed necessary by the Director to prevent serious loss to the City of Santa Ana. (3) Protect the security of City property by I:eeping controller cabinet and huildin~, doors locked at all times. ('4) Retain f~rum usin~~ lucked premises for stora~~c of matcri~ils, supplies or tools, except as approved by the Director. (~) Program normal irrigation bet«~een the hours of 10:00 p.m. and x}:00 a.m. c) Water Conservation (l) The Contractors Certified Irrigation Specialist shall meet once a month with the Utility Coordinator to review the City's Monthly Water Conservation Report (see Attachment 6) to discuss water conservation strategies. These discussions may include, but not be limited to, the Contractor turning off irrigation systems during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of the EAW. (2) When the Utility Coordinator determines that plant material (turf, groundcover, shrubs, and trees) must be irrigated, all controllers shall be activated within twenty-four (24) hours. In the event the controllers are not activated within 24 hours the City may charge Contractor all staff cost incurred by City to activate controllers. d) Inspection and Re ortin (1) The Contractor shall physically inspect the operation of all irrigation systems once a month and prepare a written report specifying park name, controller location/name, start times, run times, program name, station number, and repairs needed. The Contractor shall maintain all sprinkler systems using City standard irrigation products and details. All repairs shall be to City specifications and details. Repairs to irrigation heads shall be with matching precipitation nozzles. Contractor shall ensure that 23 25C-199 excessive over spray/runoff into street right-of--ways or other areas not intended to receive irrigation is controlled. The Contractor shall repair at his own expense any irrigation head and lateral line rendered inoperable or malfunctioning due to attrition vandalism, etc. (2) Contractor shall perform a visual inspection of all irrigated areas once per week. All areas receiving marginal coverage shall receive supplemental irrigation by being irrigated by a portable irrigation method. The contractor shall furnish al( portable hoses, nozzles, sprinklers, etc., necessary to accomplish this additional irrigation. Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. e) Repairs The Contractor shall be responsible for repairs to all irrigation heads, swing joints and lateral lines as a part of this a~~reement. The Director will be responsible for repairs to the irri~~~~tii~n s~~stcm li~on~ the v~llvc t~~ the ~~~~tcr mct~r. ~). Flardscanc Maintenance a) All paved areas, including but not limited to paved parking lots. curb gutters.. pool decks, stamped or other enriched hard surface areas, shall be thoroughly cleaned once a week between Monday and Friday. Vacuums, blowers, sweepers or other approved equipment may be used to clean hardscape areas. Debris shall not be blown or swept onto adjacent streets or property. All debris must be picked up by the Contractor and removed from the site. Debris and litter that shall be cleaned includes, but is not limited to, leaves, twigs, branches, trash, sand gravel, and worn asphalt. The City shall approve any equipment that is to be used for cleaning hardscape. b) Picnic facilities and park benches, including but not limited to picnic tables, barbecues, benches, concrete pads and shelters shall be continuously maintained in a safe and clean condition. c) Pavement cleaning -Contractor shall perform pressure washing monthly to remove dirt, stains, gum, tar, etc. from all paved pedestrian surfaces including sport courts, sidewalks, picnic pads, paved areas around buildings, pedestrian crosswalks in streets that are concrete or pavers, etc. d) Site amenity cleaning -Contractor shall perform pressure washing of site amenities, such as but not limited to, picnic tables, park benches, skate park, walls, planters, raised curbing, railing, exterior of buildings, overhead shelters, etc. (1) All picnic amenities (picnic tables, b.b.q.s, picnic shelters, concrete picnic pads, etc.) and park benches shall be cleaned every day Monday through Sunday to assure that all trash, stains, spills, debris, glass, staples, nails, tape, wire, etc. is removed. Za 25C-200 (2) All picnic concrete paved areas and b.b.q.'s, park bench areas, patio areas, and areas adjacent building entrances shall be cleaned once a month using high pressure cleaning equipment. (3) All barbecues shall have ashes, charcoal or any other materials removed once a week. Following cleaning the Contractor shall paint the exterior of the b.b.q.'s and the post with heat and rust resistant flat black paint. e) All parks with flagpoles shall have an American flag displayed at all times. The Contractor shall visually inspect the flag every day to assure it is in good condition. Should, in the opinion of the Director, the flag not be in good condition (faded, discolored, torn and/or having holes) Contractor shall immediately request from the Director a new flag. Contractor shall raise the new flag immediately upon receipt from the Director. 10 t) Drinking fountains shall be clean. sanitised and unplu<~~~ed everv day Monday through Bandar. l~hc C~~ntractor shall u;c approved germicidal cleaner and products to assure that drinl:in~~ fountains are clean and polished. fhc ConUactor shall remove any mineral build up, al~.;a~. stains. etc. so the drinking fountain is 100% clean and polished. The Contractor shall achieve this level of quality using a combination of cleansers, metal polish product, hand and/or power tools. Should the drinking fountain be so plugged that dismantling the fountain is required the Contractor shall notify the Director immediately so City staff can make the repair. Playground/Tot-Lot Areas a) The Contractor shall provide maintenance of all playground/tot-lot sand and rubberized areas once a week. Maintenance shall include, but not limited to, loosening of compacted areas, re-grading sand areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sand to assure that debris and any other foreign objects are removed, removal of weeds, removing sand on sidewalks surrounding the playground/tot-lot, eliminating berms (including pre-existing) in the turf surrounding the playground/tot-lots (high pressure water blasting or sod cutting, leveling and re-sodding are approved methods), and trash and other undesirable material. Rubberized fall areas shall be cleaned of sand and debris daily. Any sand that accumulates on the rubberized surface shall be reused. Sand and debris on the playground equipment shall be removed. b) The City shall be responsible for all playground equipment and tot-lot area safety inspections. Ball Diamond Maintenance The Contractor shall retain a sub-contractor to maintenance as set forth in Attachment 1. IT AGREEMENT THAT THESE FACILITIES BE 25 provide ball diamond infield IS THE INTENT OF THIS MAINTAINED SO THAT 25C-201 PLAYER SAFETY AND THE QUALITY OF PLAY ARE CONTINUOUSLY ENHANCED. a) Baseball Perimeter Maintenance Ball diamond perimeter maintenance shall be performed daily. Ball diamond perimeter maintenance shall be defined as all areas outside the field of play and sideline/dugout areas where coaches, players and others associated with the game gather. Ball diamond perimeter maintenance areas shall include but is not limited to grandstands, areas around concession stands, fence lines, warm-up areas, etc. The work that shall be performed on a daily basis shall include picking up trash and debris, blowing off areas/hosing down areas using a high pressure nozzle to remove brick dust, stains and/or any other foreign material, such as sunflower seeds or peanut shells, so that all areas, including pavement and landscape areas, are 100% tree and clean. h) [~ail~~ Outfield Maintenance (I) Irri<~ation the cla and repairs to assure that irri<~ati~~n hc~~cls arc at the proper grade to avoid injury to players who may tall on them and that no "slippery" areas exist. (2) Fill in of divots and depressions and all uneven areas with #20 white silica sand. organic compost mixed with LaPrima XD Bermuda grass seed during the spring/summer and Stover Grand Slam perennial rye grass seed during the fall winter to re-establish the areas. (3) Level fence line areas using a rock or leveling rake. (4) Level and drag warning track areas using nail drag followed by finishing drag mats. Contractor shall apply new brick dust to fence lines and warning tracks as necessary to maintain consistent ''/z" layer of brick dust in these areas. c) Weekly Maintenance (1) Contractor will then edge the fence lines and warning track to achieve crisp straight lines and a smooth crisp arc where the brickdust warning track meets the sport turf. d) Annual Maintenance (1) Top dress outfield turf using Aguanaga Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing surface. e) Non-recurring maintenance: 26 25C-202 During inclement weather the Contractor shall work to reopen baseball fields as soon as possible. The Contractor shall use Diamond Dry or an approved equal to warning tracts and fence lines. In addition, the Contractor shall use hand pumps or any other reasonable method necessary to drain water off the field. 12. Soccer /Football Field Maintenance a) All soccer/football fields shall be inspected every day, Monday through Friday. Contractor shall look for divots, depressions, debris, and other turf marring conditions. If discovered, the Contractor shall fill in divots and depressions with #20 white silica sand mixed with LaPrima XD Bermuda grass seed during the spring/summer and Stovers Grand Slam perennial rye grass seed during the fall winter to re-establish the areas. b) Areas of the field where turf has been worn away due to play shall be raked, dragged and leveled each day to provide alevel-playing surface free of divots, depressions and uneven surfaces. The Conh~actor shall add approved topsoil to thcsc arias as neccsan~ to I:crp the ar~.~s I~v~l and ,~~~~. C~ ~~11nUa~~V'. the COntf~lClol' Sha~~ top dl'CSS UUl11C~C~ tlll'1 LISIn~.; l~~~U~ln~l~~a ~~llll<l i~n;t mix or approved product Apply with an approved top dressing machine that will achieve a level playing surface. d) The Dan Young Soccer Complex and Santa Ana Stadium Field Synthetic Turf sport turf maintenance and inspection. The field shall be maintained daily Monday through Friday per the Synthetic Turf Maintenance Specifications (see Attachment 4). Maintenance will include grooming and cleaning the field using grooming equipment provided by the City. The field shall be inspected every day Monday through Friday. Contractor shall remove all debris from the field upon discovery. 13. Sport Court Maintenance a) All sport courts shall be blown off daily. Courts and fence lines shall be completely free of dirt, debris, etc. b) All sport Courts shall be washed down every other week to remove dust, gum and stains. The courts shall have water removed immediately following the washing down. c) Contractor shall replace tennis and basketball nets when they become worn. The City shall furnish nets. 14. General Maintenance and Clean-up For A11 Parks and Contracted Sites a) All trash and debris on the ground or in trash receptacles shall be removed from all worksites each day Monday through Sunday before 12:00 p.m. This includes all landscape areas, paved areas, street curb gutters, flood control channels, etc. 2~ 25C-203 b) The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance. c) After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all parks areas within two (2) days at no cost to the City. Debris, such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. d) The Contractor shall keep sidewalks and all other paved areas swept and free of any debris, dirt, glass, weeds, leaves, etc. at all times. e) Drain inlets shall be checked and if necessary cleaned once per day to avoid tlooding of areas during inclement weather. I ~. Other Requirements a) ~Vorl: Not Scheduled [~he Director may delete a portion of or the entire worl: site from contractual maintenance during a construction period or any period where the Director determines that work cannot be scheduled. The deletion of this portion of work will be retlected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and agreed upon by the City and the Contractor in writing. 16. Special Maintenance a) Annual City Employee Picnic at Birch Park -Once per year in August or September the City holds their Employee Picnic at this park. On the day of the picnic the Contractor shall provide one (1) Leadworker and two (2) employees to help maintain the park during the course of the event. The event generally starts at 10:00 am and ends at 2:00 pm. Maintenance duties during the event shall include, but not be limited to, trash and litter pick-up, emptying trash receptacles, cleaning up spills, washing down areas, brooming off areas, etc. b) Downtown Civic Center Grounds and Landscape -The Downtown Civic Center Authority Area is the home of federal, state, county and city government for Orange County. The classification of maintenance required at this site is considered `'high-end commercial." In addition to the standard Grounds- Landscape Specification the following special maintenance shall be performed. (1) All pedestrian hardscape areas, including but not limited to, plazas, malls, sidewalks, pedestrian street crossing, vehicular drop-off areas, etc. shall be blown and/or swept clean daily seven (7) days per week. Contractor is not responsible for blowing parking lots, only litter removal. Contractor is not responsible for pressure washing. 28 25C-204 (2) All site amenities, including but not limited to, signage, benches, hand railing, electrical boxes, public telephones, newspaper machines, trash receptacles, drinking fountains, cigarette urns, light bollards, etc. shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product Monday through Friday. (3) All trash receptacles shall be emptied daily seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. (4) All cigarette urns shall be sifted daily Monday through Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand once per month. (~) All shrubs and groundcover areas shall be highl~~ detailed ~~ccl:ly. ;~~t no time shall any dead leaves, flowers or branches exist The contactor shall removeiprune plant material b~~ hand using hand shears or loppcrs leaving no stubs. The intent is to prune the plant material without the average lay person noticing the cuts. (6) All trees below IS' shall be pruned monthly using hand shears and toppers. The intent is to prune the plant material without the average lay person noticing the cuts. (7) Replace all 52 state flags in the Plaza of the Flags in January in July of each year. Flags to be provided by City. d) Santa Ana Stadium - The historic Santa Ana Stadium is a premier youth football and soccer venue and is recognized as one of the best amateur athletic sporting facilities in the county. Because of the number of people that visit the Stadium each year the classification of maintenance required at this site is considered "high-end commercial." In addition to the standard Grounds- Landscape Specification the following special maintenance shall be performed. (I) All pedestrian hardscape areas, including but not limited to, grandstand bleachers, ramps, tunnels, sidewalks, parking lots, safe dispersal areas, vehicular drop-off areas, etc. shall be blown and/or swept clean daily seven (7) days per week. (2) All site amenities, including but not limited to, signage, player benches, hand railing, goal posts, electrical boxes, public telephones, newspaper machines, trash receptacles, drinking fountains, etc. shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product daily seven (7) days per week 29 25C-205 (3) All trash receptacles shall be emptied daily seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. (4) All shrubs and groundcover areas shall be highly detailed weekly. At no time shall any dead leaves, flowers or branches exist. The contactor shall remove/prune plant material by hand using hand shears or toppers leaving no stubs. The intent is to prune the plant material without the average lay person noticing the cuts. (~) All trees below I~' shall be pruned monthly using hand shears and loppe--s. The intent is to prune the plant material without the average lay person noticing the cuts. (6) X111 grandstand bleachers ;hall be inspected dail~~ and if necessar~~ wiped clean so they arc fi-ee of dirt. stains, markin~,s. etc. e) City of Santa Ana Corporation Yard -The Corporate Yard is the city's maintenance operation center. In addition to the standard Grounds-Landscape Specification the following special maintenance shall be performed. (1) All trash receptacles shall be emptied daily five (5) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. (2) All cigarette urns shall be sifted daily Monday through Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand once per month. 17. City Inspection a) The Director or his designated representative shall regularly inspect the parks, playgrounds, fields and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated cost of performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park not meeting the specifications during any such inspection. 30 25C-206 (II. EXTRA WORK It is the City's intent to keep parks and other public recreational sites in a beautiful and exceptionally well maintained condition. It is also the City's intend to continuously improve parks and public recreational sites until they are the best in the county. It is with these intents in mind that the Director may consider authorizing extra work. A. Damage or malfunction to plant material or irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, by any of the following may be considered outside the scope of this Agreement: (1) Acts of God (2) Civil Disorder (3) Vehicle Collision (excluding Contractor and its employees and subs) (4) Excavation or re-surfacing of the street (5) Power failures (6) Underground wiring damage Contractor will not be considered responsible for replacement. Contractor must demonsU-ate to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. [3. Requests for Extra Work -The Director may request that the Contractor submit proposals for extra work in order to improve the grounds-landscape in the contract sites. 'hhe Contractor shall submit proposals using the City's P--oposal for Extra Work Spreadsheet (see Attachment 8). The Contractor shall complete the spreadsheet in its entirety using his/her proposed extra work pricing (that is a part of this agreement) in order for the proposal to be considered. City reserves the right to requests materials/equipment receipts with invoices. All labor shall be quoted on a "not to exceed" basis and City will only pay for labor actually incurred. 31 25C-207 ATTACHMENT NO. 1 SUB-CONTRACTOR BALL DIAMOND IN-FIELD MAINTENANCE 1.0 Scope of Work 1.1 State of California Licensed C-27 Contractor specializing in Ball Diamond In-Field Maintenance shall provide in-field brickdust maintenance for nine (9) Baseball/Softball Diamonds per the specifications and conditions listed below: 2.0 Ball Diamond Locations and Quantities/Types of Diamonds at Each Site 2.1 Delhi Pack 2.1. I One (1) 60' base path Major Little Lea~~ue diamond with skinned brickdust iniicld. 2.2 I lerita<,c Parl: 2.2.1 One (1) 60' base path Girls Softball/Major Little League diamond with skinned brickdust infield. 2.3 Madison Park 2.3.1 One (1) 60'/90' base path Major Little League diamond with skinned brickdust infield. 2.3.2 One (1) T-Ball diamond with sport turf infield. 4 Total diamonds at 3 park sites. 3.0 Schedule of Work to be Completed 3.1 Delhi Park: 5 Days per wk, Feb 1st to July 15t" 3 Day per wk, July 16t" to Jan 31st Heritage Park: 3 Days per wk Year round Madison Park 5 Days per wk ,Feb 1st to July ] St" 3 Day per wk July 16`" to Jan 31st 4.0 Field Composition Mix (Brickdust) To Be Used When Maintaining ln-fields. 4.1 Field In General 32 25C-208 4.1.1 When adding field composition mix (brickdust) to any City of Santa Ana ball field, the specific type of material to be used is: Pro Gold Infield Mix with stabilizer from Gail Materials (951} 279-1095. 4.2 Pitchers Mound/Home Plate/Basepath Areas 4.2.1 When adding a mix with a higher clay composition material to any pitcher's mound/home plate/base-path area, where a sport turf infield exists, the specific type of material to be used is: Hill Topper Home Plate and Mound Mix by Stabilizer Solutions. 4.2.2 When adding a mix with a higher clay composition material to any pitcher's mound/home plate/base-path area, where a skinned iiltield exists, the specific type of material to be used is: Ballyard with Stabilizer by Stabilizer Solutions. >.0 h:quipment The contractor shall provide and have "on hand' at all times during the brickdust maintenance operation the following equipment. ~.l Utility Vehicle Small tight turn radios (13') vehicle designed especially for this type of work. This vehicle shall have the capability to make circle and figure eight patterns completely within the skinned brickdust infield area and not trespass onto adjacent turf areas. Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable. 5.2 Drags 5.2.1 Scari ing Drag: Used to scratch up or loosen up the skinned area. The drag shall be made of heavy-duty steel capable of carrying additional weight (`s). Digging teeth shall be hardened and pointed and be ''/z" in diameter. Pull chain shall be included. 5.2.2 Cutting and Leveling Drag: Used to level and backfill low spots in the skinned area. The leveling drag and cutting blades shall be made of galvanized steel. This drag shall feature cutting blades that are adjustable and capable of cutting down dirt build-up (high spots) and depositing dirt into holes (low spots) creating a smooth and level playing surface. Pull chain shall be included. 5.2.3 Grooming or Finish Drag: Used to complete dragging procedure on a daily basis and lighter/gentle movement of brickdust. This drag shall be galvanized metal "door-mat'' link. Pull chain shall be included. Drag shall be 6' in length by 6' in width. 33 25C-209 5.3 Other Equipment 5.3.1 Hand Tamp: 20 lb. variety with 48"min. handle. Used to compact worn areas around bases, home plate and pitching mound. 5.3.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help prevent wet clay from sticking. 5.3.3 Grade or Grooming Rake: Used to rake and fine level areas. Shall be made of aluminum, 36" wide and a 6' handle. 5.3.4 Heavy Duty Shovels: Used to move material. Round/Square Point and Scoop shovels. ~.3.~ Heavy Duty Hose: Used to water down skinned area. Shall be 3/4" to 1"top quality construction with 225-psi working pressure. Leaks of any I:ind are not permitted. Contractor shall have a minimum of 17~' of hose on hand at all times. x.3.6 I [i~~h Pressure Nozzle: Attached to hose. Use to spray down brickdust and push excess brickdust off turf edges. x.3.7 Industrial Push Broom: Used to remove excess brickdust from turf edges. Shall be 24"min. wide with heavy-duty dual weight bristles. 5.4 Wet Conditions Equipment" (Add to equipment above) During periods of inclement weather or when the areas are wet the contractor shall have "on-hand" during all brickdust maintenance operations the following items: 5.4.1 Squeegee: Used to push/squeeze water off wet areas or into dry areas or drains. Shall be 24" to 36" wide with neoprene blade and magnesium/aluminum head. 5.4.2 "Super Sopper": Used to collect standing water in brickdust areas. Shall be drum type with exterior sponge and arm holding drum. 5.4.3 Diamond or Beckson Pump: Used to remove standing water in brickdust areas. Shall be plastic with flexible piston and value. 5.4.4 Infield Sopper with Wringer and Bucket: Used to collect standing water in brickdust areas. Sopper shall be geotextile-covered sponge typical for absorbing chemical spills. 6.0 Meetings 6.1 Contractor shall provide City of Santa Ana staff with a contact person and a phone number to reach the contact person from the hours of 6:30am - S:OOpm, Monday - Saturday. 34 25C-210 6.2 Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor". This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns that may arise and any goals for the day/week. 6.3 In November of each year for as long as the contract is in effect, Contractor shall personally meet with staff, along with the designated site supervisor, to discuss and outline schedules for "Annual Renovations" (listed in Section 10.0). 7.0 Daily Infield Maintenance 7.1 General 7.1.1 Contractor shall remove all litter, broken glass and hazardous debris fi-om infield and dugout areas. 7.1.2 Contractor shall I:eep brickdust and dugout areas in a weed fi-ee condition. 7.1.3 Contractor shall hose and/or sweep and hose out all dugouts so they arc 100% tree of brickdust or any other debris. 7.2 Maintenance Procedure 7.2.1 Retain smooth and level playing surface, using the following daily procedure. The contractor shall remove all bases before beginning any work on in-field and re-install after all work on in-field is completed. 7.2.2 After removing all bases, the contractor shall scrape/wire brush all base post anchors and base inserts. This will help facilitate the base removal and installation. 7.2.3 The Contractor shall rake/shovel loose material from high spots back into low spots/worn areas on running paths, sliding zones, and any other low spots/worn areas appearing on the field before any watering or dragging shall take place 7.3 Home Plate Area/Batters Box Area Holes 7.3.1 Sweep/Rake away all loose brickdust. 7.3.2 Wet area until moist. 7.3.3 Scarify area (`s) [batters box hole(`s)] with shovel. This will help the mix bind better. 7.3.4 Ina 5 gallon bucket mix "mound mix" with water to desired consistency. Do not use infield mix for this purpose. 35 25C-211 7.3.5 Backfill "mound-mix" material into hole(`s). 7.3.6 Tamp the area firmly with steel tamp. Note: The tamp will be most effective if you cover the bottom with plastic. Tape the plastic to the tamp handle. The plastic keeps the clay from sticking to the tamp's bottom. 7.3.7 After tamping and compacting the "mound mix" covers areas with infield brick dust. 7.4 Pitcher's Mound 7.4.1 Follow same procedure for repair of home plate/batters box area utilizing dry '`mound mix" for this purpose. Uo not cover with infield mix. 7.4.2 fldd to the above the followin<~: Ral:e all loose material from bottom to top and cover with "Mound Niix~'. 7.~ General Lrickdust Skinned Infield f~rcas 7.x.1 After raking/shoveling loose material ti~om high spots bacl: into low spots/worn areas on running paths, sliding zones. and any other low spots/worn areas appearing on the field, the ConU~actor shall till all remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. 7.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop, dugout chain link fencing and/or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. 7.5.3 Lightly water entire infield before dragging. Note: Watering shall penetrate brickdust to a minimum depth of l/8" deep min. This process is crucial to keeping brickdust in place and not going air borne. 7.5.4 Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag". Circular or figure eight drag patterns shall be used (see details 1-A & 1-B). Alternate drag patterns or reverse direction of drag patterns daily to avoid ruts and high/low areas. Speed of drag procedure shall not exceed 7 mph. 7.5.5 When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of l8". This will help in avoiding lips at brickdust/turf edges. This 18' gap shall also apply to all backstops and chain link fence areas. 36 25C-212 7.5.6 Contractor shall hand rake all base paths on combination turf/brickdust infields. 7.5.7 When the dragging process is complete, the contractor shall stop the drag in a different location daily. This will stop the accumulation of brickdust in focused areas. At this time roll-up the drag, place it on the vehicle and remove all debris accumulated in the drab at this spot and rake out material emptied from drab. 7.5.8 After dragging, hand rake the 18" edges using the "grade or grooming rake". The rake shall be held at an angle as to not push brickdust onto/into turf areas. 7.x.9 After raking the 18" edges, the contractor shall clean all excess brickdust on the turf edges utilizing a high pressure water one (I) time per week. NO brickdust shall be permitted on the turf edges at any time.lf in the determination of City stall: an unsafe lip situation exists (an unsafe lip is '/" or greater) in anv turf%brickdust border area inlicld to brickdust, basc- paths or brickdust to outtield), contractor ~~-ill be required to remove or Icvcl the soil build-up with a sod cutter and re-establish the in-licld boundaries with a string line or suitable method and re-sod up to the border to remedy the situation at conU~actors expense. Pre-esistin~~ conditions shall be corrected during contract start-up. 7.6 Final Watering 7.6.1 This is the most time consuming and a very important element of the procedure. 7.6.2 The contractor shall final water the skinned brickdust to a depth of '/4" minimum. 8.0 Rainy Weather/Wet Field Procedure 8.l On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to: 8.1.1 Remove all standing water from low spots either by skimming off excess water and spreading it out to dry areas or using apump/sopper system. 8.1.2 Rake out (scarify) wet areas. 8.1.3 Apply Dry Gail Materials "Pro Gold with Stabilizer" Brickdust Materials from stock to all Wet Areas and Rake Out. 9.0 Work to be Completed "BI-MONTHLY" 9.l To maintain levelness of all fields, contractor shall, once every two months, scarify drag built up amounts of materials at high spots and cut and level drag the scarified material 37 25C-213 to low spots. The Contractor shall fill any remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. Note: Staff shall identify areas to scarify/cut and level drag to the contractor at weekly meetings with contractors appointed site supervisor (as per section 6.2 of contract). 9.2 Heavy water scarified and cut and leveled areas to a''/z" min. depth and allow settling in before play on field. Note: Due to heavy watering and its need to settle before play, staff shall provide a schedule of bi-monthly scarify/cut and level drag dates to contractor. 10.0 Work to be Completed "ANNUALLY" 10.1 Lach year. the followin~~ renovation is t~~ be done on all fields in conjunction with the Citv's ;lnnual Sports Turf Renovation Schedule. I~iclds renovated ma~~ chan~~c G~~m ~~car to year. 10.1.1 Contractor shall laser ~~rade each ball diamond. Contractor sha(1 scarify drab built up amounts of materials at high spots and cut and level drag the scarited material to low spots. "I~he Contractor shall till any remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. Note: Staff shall identify areas to scarify/cut and level drag at the November meeting with contractor's owner (as per section 6.3 of contract). 10.1.2 Contractor shall verify all base distances, pitching rubber distances and pitching mound heights per the Little League, Pony/Colt League specifications for each specific field. Contractor shall repair any specifications not being met on any field. 10.1.3 In addition, contractor shall install 1 /2" new Gail Materials "Pro-gold with Stabilizer" (brickdust) to in-fields at all diamonds (minimum 26 tons per Girls Softball/Major Little League Field and minimum 40 tons per Junior/Senior Little League Field). Also, the contractor shall install a minimum of 1 ton of Turface calcite clay per Girls Softball/Major Little League Field and 2 tons of Turface calcite clay to Junior/Senior Little League Fields Responsibility for and purchase of necessary materials shall be at contractor's expense. Note: The City has the right to move brickdust and Turface materials to other infields under this agreement should they decide that an infield or infields do not require additional materials a particular year. 38 25C-214 11.0 Work To Be Completed "AS DIRECTED" 11.1 Replace Base ANCHORS as directed. (This will be considered extra work.) Note: City of Santa Ana use's the Hollywood base anchoring system. Contractor shall install base anchors into the ground per manufacturer's standards. Top of stake shall be approximately 2" below the surface grade so that the base sits level and flush against the surface on all sides. 1 1.2 Replace Bases as directed. (This will be considered extra work.) Note: City of Santa Ana shall be responsible for supplying all necessary base anchors and/or bases to the contractor as needed. 1 1. ~ Replace i~r I:cmove/LcvcURc-Install home plates as directed. I I.~ Replace or Remove/Level/Re-Install pitching rubbers as directed. Note: City of Santa Ana shall be responsible for supplying all necessary home plates and/or pitching rubbers to the contractor as needed. 11.5 When given direction to complete "as directed" work, contractor shall complete the directed work on the next working day. 12.0 Infield Turf Maintenance 12.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield and 36" beyond the infield brickdust skin line/arc. Infield turf shall be mowed three (3) times per week February -August and one (1) time per week September -January. 12.1.1 Contractor shall use a "greens" reel mower to provide "putting green" quality finish cut. 12.1.2 Infield turf shall be cut between ''/z" and 3/4" per staff's direction. 12.1.3 All turf clippings shall be collected and disposed of. 12.2 Infield turf shall be irrigated to maximize healthy growth of the turf while conserving water. Over watering will not be acceptable. 12.2.1 Contractor shall check and program the automatic irrigation controller minimum one time per week. 39 25C-215 12.2.2 Contractor shall provide any areas of the turf supplemental watering using a garden hose on an as needed basis to assure a high quality turf infield. 12.2.3 Infield turf shall be fertilized one (1) time per month February apply Nitro King 22-4-4 and March, April, May, June, July, August, September apply Turf Supreme 16-6-8 at a rate of one (1) pound of actual nitrogen per 1,000 square feet of turf. 12.2.4 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed. 12.2.5 Immediately following fertilization the Contractor shall water in the fertilizer to avoid chemically `'burning'' the turf. 12.3 Infield turf shall be aerated using a walk behind piston type aerator two (2) times per year. in .lanuary and .luly. All cores shall be removed. Drag<~in~~ of cores is not ~~crm itlcd. 12.4 Infield turf shall be I:cpt weed fret at all times. 12.4.1 Any grasses other than the original hybrid Bermuda installed in the infield shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.4.2 Any broadleaf weeds shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.5 Infield turf shall be kept free of disease and rodents at all times. 12.5.1 The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice. 12.6 Infield turf annual renovation 12.7 Each year the infield turf shall be renovated: 1) verticut using the greens reel mowers straight blade reels; 2) mowed to '/4" high immediately following verticutting; 3) overseeded during spring/summer with LaPrima XD Bermuda Seed at a rate of 8 pounds of seed per 1,000 square feet and fall/winter -Stover Seed Company Grand Slam seed at eight (8) pounds per 1,000 square feet; and, 4) top dressed immediately following seeding by Aguinaga Materials using "Santa Ana Top Dress Mix." 12.8 All infield turf edges including the arc skin line, base paths, pitchers mounds, etc., shall be edged one (1) time per week. The edged lines shall be straight and, where curved lines are required, the arcs will be a true radius. 40 25C-216 13.0 General Contract Provisions ~3.t Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. ~i 25C-217 Al"I'ACHMENT 3 City of Santa Ana, Park Maintenance Agromonic Plan 2008 Trt Application dates T e Maintenance Descri tion unit of measure 1 Januar G Winter Fertilization lb 2 Feb 15 -March 15 G Late Winter Fertilization (Ib) 3 A ril G S rin Fertilization SCll Ib 4 June G Fertilization SCU (lb) 5 Au ust G Fertilization SCU (Ib) I 6 7 ~ October~G _ Latc Nov Early Dec G - ---- --- '; I III I~cililiialion I all (Ib) _- Late Fall Fertilization (Ib) ._ 1PM and Misc Applications A Januar ~ L ~ Preemergencc Crabgrass Control lstapp. (oz) B Januar G_____ Fertilization with preemergent (]b o tion C _ All ear L _ Backpack Systemic BL Weed Control as needed (fl oz.J __ D A r & Oct L General BL Weed Control as Needed fl oz _ E Mid April L Preemer ence Crab rass Control 2nd a oz F Mid A ril L 0 tional Pre and earl Post Crab Control oz in 5 oz ouches G Mid A ril G 0 tional Pre and earl Post Crab Control lb H Mid A ril G 0 tional Pre and earl ost Crab Coltrol lb I Aril - Ma L Sed e Coltrol as needed oz June - Au ust L Sed e Su ression as needed oz K Ma -June G Grub revention Ib L Ma -October L Spurge and black medic preventative contactpostemergence (fl oz M Ma June L Grub reactive N All ear L Coltrol Of Oxailis as needed fl oz 0 Au -Oct L Kiku u rass 2 to 3 a s 4 weeks a art P Jul -Oct L Postemer ence Crab rass Control fl oz Q Au - Se t. L Preemer ence Poa annua Control oz R Au - Se t. G Granular 0 tion Pre oa annua control lb S Au - Se t. G Granular Option Pre oa annua control lb T Nov -Dec. L Postemer ence Poa Control fl oz ORNAMENTAL PROGRAM Trt Application dates T e Maintenance Descri tion unit of measure 1 At color chan e G Fertilization of seasonal color 75 oz/SF 2 Jan -Dec. G General shrub and round cover fertilization (]b) az 25C-218 3 )an L Pre emer ence bed weed control-broadleaf oz 4 Set L Preemer ence bed weed control-broadleaf oz 5 Jan L Preemer ence bed weed control- rasses oz 6 Set L Preemer ence bed weed control- rasses oz 7 Jan and Sept. G Ornamental bed, broadleft and rass weed control o tion IPT and Misc. A lications 1 Mar -June L Post emer ence rass control as needed fl oz 2 Ma & Jul L Pre emer ence sed e control as needed fl oz 3 As needed G Snail and slu control oz 4 Jan-Dec. L Post emer ence non-selective s stemic weed control oz 5 Nov -March L Post emer ence non-selective contact weed control fl.oz A Jan - A ril L A hic, Whitefl other sucl<in insects oz 100 Qal B Jan -March L Olive Fruit control fl.oz 100 al -at color chap e _ C __ As needed L __ Insect control general (fl oz/100 gal) ,_D As needed L Insect conUrol general gal 100 o~] F; As nceciecl L -- --- _ - P'litc conU~ol (Il or/100 ~~,il) - -- F A aril - August L - - -- -- - White fly control on Hibiscus Xylosma ((I oz/100 gal) - G As needed L _ ~ Powdery mildew control as needed (fl oz/100 gal) _ H ____ _ All ear L-- Phytophthora root rot and overall chlorotic plants (11 oz/100 =al PLANT GROWTH CONTROL __ J <48 hrs after shear L General lant material as needed fl oz 100 al K <10 d after shear L Iv , ~asmine, hone suckle (fl oz/100 gal) i/park services/park operation/poadm/excell/irvine agromonic plan 2009 43 25C-219 ATTACHMENT 4 Introduction Synthetic Turf Maintenance Specification This specification shall explain the procedures necessary for maintaining the synthetic turf fields at the Santa Ana Stadium and the Centennial Park, Dan Young Soccer Complex. I. Cleaning artd Stain Removal A. General Dirt Rain is a natural field cleaner. Rainfall cleans the turf fibers of dust, pollen and airborne chemicals. In areas where rain is not sufficient enough to remove embedded dirt, the Contractor shall saturate the surface of the synthetic turf field until contaminants are flushed through the turf: Embedded dirt shall not be removed by mechanically sweeping the field. B. Rubbish Kubbish IZcn~uval Paper, peanut shells, sunflower seeds. athletic tape, paper, etc., shall be removed dail~~ from the svnthetic turf surface. A sweeper is satisfactory for lilting paper scraps. food debris and loose trash ti~om the surface as well. Sweeping the Ield should be accomplished as soon as possible after an event. The sweeper should have synthetic fiber bristles such as nylon or polyolefin. The minimum brush length should be 2.0". The brush should contain no metal. (Metal bristles or fibers can create a safety hazard if individual bristles break off and become lodged in the turf or rubber fill). The brush setting should be checked often. The actual setting depends on the model and type of sweeper. The sweeper will work best when the brush is set so it just touches the tips of the fibers of the turf. DO NOT SET THE BRUSH SO LOW THAT IT DIGS INTO THE TURF PILE, THE FILL MATERIAL OR THE TURF BACKING. A brush setting that is too low can damage the artificial grass and adversely disturb the fill. Do not use a mechanical sweeper during the heat of the day if the temperature exceeds 90 degrees F. C. Vehicles Vehicles are not allowed on the field at any time. Only approved off-road type equipment may be driven on the field.. The Contractor shall use caution not to spin the tires, turn sharply, or in any way maneuver the piece of equipment where it will damage the synthetic turf. Oil and Fuel Spills Oil and fluid spills can discolor and even damage the artificial grass. Proper equipment maintenance shall be observed. Battery acid and most other fluids should not be allowed on the 44 25C-220 artificial grass. Never change or add fluids to equipment while the equipment is parked on the artificial surface. D. Stains The Contractor shall be responsible for removing stains on the synthetic turf. Polyethylene fibers are stain resistant fibers because most stains are moisture borne and polyethylene, a "hydrophobic" yarn, absorbs little moisture. As a result, a "stain" on a synthetic turf field is not a true "stain"; rather, it is generally dried residue of foreign matter, which must be quickly and thoroughly removed. It is best removed while still moist and thus before it has dried on the fibers. These residues can generally be removed with water or soap and water. Remember, it is much easier to clean a fresh spill before it has time to dry and harden. Remove any deposit prompt)}~ usin~~ a putty I:nife or similar tool. Then soak up excess liquids with paper or cloth towels or rags. "Water Based" Stains or Residues: Slain Procalurc lur Rcm~~val I. Scrub the area with soap and water. Use a stiff fiber brush for maximum a~~itation. Acid. Alkali, Beer, Blood/Mucus. Catsup. Coffee, Colas and Soft Drinks, Disinfectants. Standard Dyes, Food Coloring, Fruit Juice/Gatorade, Glue, Hot Chocolate, Ice Cream, Latex Paint, Milk, Mustard, Tea, Urine, Water Colors 2. Rinse the area thoroughly with clear water to remove all traces of soap. 3. Dry with absorbent towel, if necessary. Note: A three percent (3%) solution of a-nmonia in water may be used in lieu of household detergent for stubborn residues or stains. Stubborn or Oil-Based Stains Stain Procedure for Removal Crayon, furniture polish, lipstick, cooking oil, Sponge with dry cleaning solution rubber cleat marks, shoe polish, suntan oil, (perchecloroethylene). Soak up with absorbent ballpoint ink towels. Flush with water. Oil paints Soak up or blot immediately. Sponge with turpentine or paint remover (apply sparingly). Blot with detergent and water. Re-sponge with cold water to remove detergent. Scrape excess. Sponge with perchloroethylene (dry cleaning solvent). Repeat the above as necessary. Nail Polish Sponge with acetone. Paraffin Wax Scrape excess. Sponge with dry cleaning solution. 4J 25C-221 Tar and Asphalt Scrape excess. Sponge with dry cleaning solution. Note of Caution: Mineral Spirits, MEK, acetone and other petroleum-based solvents are highly flammable. Do not smoke or permit flames near containers or near solution when in use. Be sure the area is well ventilated. Animal Waste: Remove if necessary. Neutralize residue with of white distilled vinegar in an equal amount of water. Flush thoroughly with water after application. Chewing Gum: Freeze the gum by applying ice or spray with and scrape to remove residue Fungus, Mold, Mildew and Other Infectious Growths: The Contractor shall apply one (1) time per month an approved germicide to control infectious diseases such as, but not limited to, virus, bacteria, parasites, etc. The Contractor shall also apply as necessary approved chemicals to control fungus, mold, mildew, etc. Use aone-percent solution of hydrogen peroxide in water. Note: Do not use hi~?h-pressure water spray with stream force in excess of 2~0 psi as this can dama~~c the turf and displace the till. I~ iti7inui~ Xepuirc ~1'he Conh~actor shall be responsible for dama~~e to the synthetic turf caused by his ne~rli~,ence. The Contractor shall not he responsible for dama~~c to the synthetic turf caused by others. Should the synthetic turf be damaged by others the City may request from the Contractor a proposal to make repairs. Note: Do not cut, seam, sew, remove or in any way attempt to repair major artificial grass damage. If extensive damage occurs, contact your Sports Technology International dealer assistance. 46 25C-222 ATTACHMENT 5 .~I~~ ~'L1:4L C'(1LC)It FI ~~%~"lI<~G ,~;~1~ t11A1'~ 1"Er~`t1 ~'(:C~` SI'li't'I~IC:97'It).ti Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8" depth. Apply l .~ pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of Ilowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements. the beds must be ral:cd smooth ~u~d slightl~~ mounded. Sticks clods and ether ma~crial must be rcmo~~ed from the bed. Durin<< planting gently crush the root mass with the finders to s~imulatc root ~~rowth in the surruundin~~ soil. Begin planting in the center of the bed and keep traftic in the worked soil to a minimum. Make the hole slightly lar~~er than the root ball and set the plant at the same depth or slightly higher than it was ~~ro~~in~~ in the container. Smooth out the soil around the plants atter planting. including footprints. Water plants to a depth of ~ inches immediately after planting for 4'' plant material (deeper for larger pots). Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include but not be limited to the following annual bedding plants: • Spring/Summer -April through October 1 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias • Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus Vandalism Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing/damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing/damaged plants within 48 hours. 47 25C-223 The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. 48 25C-224 Plant Cap Attachment No. 7 Site 2" Plugs Shrubs, 1 Gal Ground Cover 64 Ct Flt Vines, 1 Gal 1 Bomo Koral 1,000 100 0 200 2 Delhi Park 1,000 100 0 100 3 Lillie King Park 0 SO 0 200 4 5 Madison Park Sandpointe Park 500 500 100 100 ~ 0 0 200 200 6 Heritage Park 500 100 0 200 7 , Santa Anita Park 2,000 200 0 200 8 _ City Yard 500 400 0 0 Subtotal District 3 6,000 1,150 0 1,300 Suk>totai ~iStriCt 3 (~tevised} 3,OOCt _ ~ .575 0 65fl Total 10,600 3,200 288 2,413 Note: This plant cap is an annual plant cap for each district. Plants that die as a result of Contractor's negligence are not applied to this plant cap. Where Contractor can show that vandalism was the cause of the plants death, City will assume cost of replacing (excludes vines). City can elect to install plants in existing bare areas, or new construction areas. Standard Plant Costs 64 Ct. 5 gal $8.84 Flat $9.95 1 gal $2.95 Plugs $0.40 Plants costing more than standard plants shall be considered premium. City will pay only the incremental difference between a standard plant and the premium plant. 49 50% 25C-225 ATTACHMENT 9 TREE PRUNING SPECIFICATIONS l .0 INTRODUCTION Trees and other woody plants respond in specific and predictable ways to pruning and other maintenance practices. Careful study of these responses, has led to pruning practices, which best preserve and enhance the beauty, structural integrity, and functional values of trees. h~ an effort to promote practices, which encourage the preservation of tree structure and health, the following policies have been established. These specifications are presented as working ~~uidelines, recognizing that trees are individually unique in form and structure, and that their pruning needs may not always fit strict rules. I.01 C)VC'RVIE\V OF SPf:CIFICATI(~NS \n~~ tree earl: pcrlc~rmed in the Cite c,f S~inta ~~na farl: and ~Ze~l'Cah(~il I~acilitics (~,~U'1~1=) must be done according to the SAPRF specifications. "l~here are different criteria I~~r prunin~~ dependin~~ on the purpose for the pruning. a. Complete Prune Specifications are used ~~~hen circwmstances deem the entire tree needs to be fully pruned. Safety Prune Specifications require less pruning and are used when specific, possibly hazardous (dead/dying) limbs need removal to eliminate all safety concerns. Safety pruning may be recommended in some circumstances instead of a complete prune. Safety pruning specifications are used for "as needed" pruning as outlined above and address only safety concerns. Safety pruning includes only the basic requirements and does not include the fine pruning detail work outlined in a complete prune. c. Power Line Clearance Prune (PLC) Specifications are used for private tree power line clearance work and for street tree (PLC) pruning when the tree is pruned between its periodic complete pruning cycles. d. Palm Pruning Specifications are used when pruning any type of palm. All specifications are based on international Society of Arboriculture, National Arborist Association and American National Standards Institute criteria. This guarantees that SAPRF trees receive the best possible care. 1.02 GENERAL REQUIREMENTS The following requirements shall be used during any pruning work to be performed on SAPRF trees: a. Proper disposal of all tree debris generated. b. Assuring good traffic control and minimize disruption of the public. c. Assuring adequate safety of employees and the public. 50 25C-226 Prior to starting any tree work on an SAPRF tree, the Contractor must contact an authorized SAPRF representative. Contact Mike Lopez, Park Services Superintendent at 714/571-4212 Office or 7l 4/231-6112 cell phone. 1.03 CERTIFIED ARBORIST The Contractor shall employee afull-time, permanently certified arborist, as accredited by the International Society of Arboriculture. This person is responsible for ensuring that the Contractor's crews are performing work according to SAPRF specifications. 1.04 SPECIFIC TREE PRUNING SPECIFICATIONS a. All persons performing tree work on SAPRF trees must be trained according to tree care standards accepted by the International Society of Arboriculture. b. All persons performing tree work on SAPRF trees in or around primary electrical lines must be trained to do so according to the "Electrical Safety Orders" of the State of California, including all amendments and revisions. \~'hrn U~CC prunin<~ cuts arc nr~dc to ~~ si~lc limb. such r~mainin~r limb mint pos~css a haul thickness oh at Icast one third (I/3) of the diamctcr of the ground so aft~c~cd. Such cuts shall be considered proper only when such remaining limb is vigorous enou~~h to maintain adequate foliage to produce wood growth capable of callusing the pruning cut so af~tected within a reasonable amount of time. All final tree pruning cuts shall be made in such a manner so as to Favor the earliest possible covering of the wound by natural callus growth. Flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar shall not be removed. e. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. All major diseases and/or pest problems shall be promptly reported to an authorized SAPRF representative. g. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with smooth wood surface and secure bark remaining intact. All trees six (6) inches in diameter or less shall be pruned with hand tools only. Chain saws will not be permitted on any trees six (6) inches in diameter or less. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and/or disease problems. Whenever pruning cuts are to be made, while removing limbs too large to hold securely in one hand during the cutting operation, the limbs shall be cut off first, one (1) to two (2) feet beyond the intended final cut. Then the final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Such cutting back shall not include the removal of any live, healthy limbs in excess of six (6) inches in diameter without prior approval from an authorized SAPRF representative. 51 25C-227 No more than twenty five (25) percent of the live wood may be removed from the crown of any tree, without approval of an authorized SAPRF representative, excepting live oaks, which are limited to no more than ten (10) percent. Resulting in keeping as much of the crown of the tree as possible. j. Any extraneous metal, wire, rubber or other material (i.e. stakes, ties) interfering with tree growth shall be removed immediately. k. Any defective or weakened trees shall be reported to an authorized SAPRF representative. Specifically, any structural weakness of a tree, decayed trunk or branches, shall be reported in writing, noting the location of the tree by street address and a description of the hazard found in the tree. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited. except palms that are more than sixty-five (6~) feet in hcighl. m. 13cneticial animal. bird nests, nesting cavities or other wildlife habitat shall be preserved ,n~~f ~~rotected ~~hene~cr le<-sihle. unless ~i«in~~ ;~~ ~~~,ul~l cr~;~tc ~- h~-r,u~~l. I.O~ COI~IPLI;Tf TRCI~ PRUNING SPI~CII~IC~~I~IONS Complete tree pruning shall consist of the total removal of dead or living branches that may threaten the future health. strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner as to: a. Prevent b--anch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove all dead and dying branches and branch stubs that are one half (1/2) inch diameter or larger. c. Remove all broken or loose branches. d. Remove any live branches, which interfere with the tree's structural strength, and healthful development, which will include the following: 1) Branches, which rub and abrade a more important branch. 2) Branches of weak structure, which are not important to the framework of the tree. 3) Branches, which if allowed to grow, would wedge apart the junction of more important branches. 4) Branches forming multiple leaders in a single leader type tree. 5) Branches near the end of a limb, which will produce more weight or offer more resistance to wind than the limbs are likely to support. 52 25C-228 6) Selective removal of undesirable sucker and sprout growth paying specific attention not to nick or damage the sprout "burl". 7) Selective removal of one or more developing leaders where multiple branch growth exists near the end of broken or stubbed limbs. 8) Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 9) Removal of branches, which project too far outward beyond an otherwise symmetrical form. e. Cut back ends of branches and reduce weight where excessive overburden appears likely to result in breakage of supporting limbs. Clc~u~ trees uf~s~~r~~ut or sucl:cr ~,n~~~~th tc~ <~ ininin~um h~i~ ht uf~i~,h[ (~) Ic~t ahu~~c _r~~~n~~1 Icvcl. L:~ccptions arc allo~~ccl ~~ll' vc~un~~ trees. ~~hi~l~ ~~~uul~l he irr~har~hl~ ~I.in~a~~~a h~, such pruning action. g Obtain a balanced appearance ~~~hen viewed Ii-om the opposite side of the sU-ect immediately opposite the tree, unless authorized by an SAPRF representative to do otherwise. h. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to said trees. Clear all branches and foliage within ten (10) feet of primary electrical lines and three (3) to five (S) feet of secondary electrical lines. j. Clear all branches that interfere with telephone, cable and other utility lines within one (1) foot of lines, wherever feasible. 1.06 SAFETY TREE PRUNING SPECIFICATIONS Safety tree pruning shall consist of the total removal of dead or living branches that may menace the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner to: a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove dead and dying branches and branch stubs that are two (2) inches in diameter or more. c. Remove all broken or loose branches. 53 25C-229 d. Removing any live branches, which interfere with the tree's sh•uctural strength and healthful development, will include the following: - Limbs of weak structure or otherwise hazardous. - Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. - Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 1.07 POWER LINE CLEARANCE (PLC) PRUNING SPECIFICATIONS When trees are in the proximity of overhead energized lines and equipment, reliability of service, safety. and governmental standards require a reasonable amount of tree prunin~~ to ~~,~~ii~! Lnn~l~i~t~~r ci~n~,~rts an~1 ~~r~uin~lin~~ ~~f circuity thr~~u~~h thr trees. I'u~~~~r lin~,~ ~I~~:~r.u~~c pruning,. thcrc~urc. shall c~~nsi~t cif the rcn~o~~~1 of U~~~ hranch; I~~r proper electric line clearance in order to minimize the likelihood of power outa~~cs and improve salct~~. Specifically, trees shall be pruned in such a manner as to: a. Clear all branches and foliage within ten (10) feet of primary electrical lines. b. Clear all branches that interfere with secondary electric lines within three (3) to five (5) feet. c. Protect current tree health, condition and symmetry using Dr. Alex Shigo's book, Pruning Trees Near Electric Utility Lines as a guide. During the tree pruning process, all safe minimum working distances for energized conductors shall be observed. These clearances are defined under ANSI 2133.1-1994. Current ANSI specifications will supersede these requirements when they take effect. Any contact with energized lines shall be promptly reported to an authorized SAPRF representative. Access to backyards must be closely coordinated with the property owner, whenever feasible. Spikes may be used for PLC pruning on palms or other trees only when needed for proper safety reasons. l .08 PALM PRUNING SPECIFICATIONS Palm pruning shall consist of the pruning of the following palms (Syagrus romanzoffianum (queen palm), Archontophoenix cunninghamiana (king palm), Phoenix Canariensis (Canary Island date palm), Phoenix Dactylifera (date palm), Washingtonia filifera (California fan palm); and Washingtonia Robusta (Mexican fan palm) per these specifications. a. The removal of all dead fronds and other dead plant parts from the trunk. All loose frond sheaths shall be removed along the entire length of the palm trunk. 54 25C-230 b. The removal of all flowers and fruit parts whether dead or alive. c. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, excepting palms that are more than sixty-five (65) feet in height. d. Canary Island date palm (Phoenix Canariensis) trunks shall be cleaned of any weed species. The immediate area below the green fronds shall be trimmed to a symmetrical (pineapple) appearance. The shape shall not exceed a minimum of forty-eight (48) inches or a maximum of sixty- (60) inches length below the green fronds. The trunk when pruning operations are complete shall be left in a clean, unscathed appearance throughout the entire length of the palm trunk. Canary Island date palms shall be pruned using a sterilized handsaw. The handsaw must be cleaned and sterilized before and after pruning each tree. c. All volunteer palm seedlings must be removed that are growing within the streets, parkways, or setback dedicated areas. 1.09 l1NACCEPTAE3LE PRUNING ~I~!n I~,II~,~~in~~ ~~r~~e~~!urc~. ~~r ~~th~~rs th~~t ~~ili r~~ull in tr~~ ~I~clin~. .~r~ nrt ,~Il~,~~c~l (~l~~rn~ ~lanr.~ ~~ anal ~~th~r cxtcnuatin~~ rir~uin~..n~.:c~ c~cn~pt~~i): a. Severe cutting bacl: of all ~~rowing tips usually referred to as topping, pollardin~~, or hat raCkln~~. b. Flush cutting where a cut is made even with the surface of the trunl: or limb, removing the branch collar and branch bark ridge. c. Stub cutting where branch removal results in the base of branch removed protruding more than approximately one fourth (1 /4) inch beyond the zone of branch collar and branch bark ridge. d. Removal of a healthy main leader, for reasons other than power line clearance. e. Excessive cutting or lifting that exceeds the International Society of Arboriculture or SAPRF standards. 1.10 DAMAGE TO PUBLIC OR PRIVATE PROPERTY Should any structure or property be damaged during the tree pruning operations, the persons conducting the work shall immediately notify the proper owners and an authorized SAPRF representative. Repairs to property damaged by the responsible party shall be made within forty-eight (48) hours, except utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Santa Ana. Any damage caused by the Contractors employees shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to the City of Santa Ana and/or SAPRF. Special attention is drawn to sprinkler systems in City landscapes and the need to avoid damage. All damage to irrigation systems shall be repaired as soon as possible at Contractors expense. 55 25C-231 1.11 WORK PERFORMED ON PRIVATE PROPERTY No SAPRF contracted tree worker shall perform work upon private property without the written consent of the property owner and an authorized SAPRF representative. 1.12 PUBLIC SAFETY AND COOPERATION All tree work shall be conducted in a manner as to cause the least possible interference with, or annoyance to others. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. a. Whenever larger tree sections are being cut in a treetop, which may endanger persons or property, such sections shall be secured by ropes and lowered safely to the ground in a conU~olled manner. b. All fire hydrants, meter vaults, water and gas shut off valves, backflow devices, irrigation Held controllers and similar facilities must remain accessible Burin<~ the course of work. c. A~uise Icy cls, resultiu~, I~rc~m trc~ ~~,~~~rl: upcratic~ns. n~u,t h~ I:~~~l to a n-inin~um ~-t all tii»~s. All tree worl: operations arc subject to compliance with all local Noise Restrictions. Operation of tree wort: equipment shall not take place between the hours of 9:00 p.m. and 7:00 a.m. weekdays.. or between 9:00 pm and 8:00 am on weekends (Sahn-day and Sunday). Emergencies are exempt fi-om any time restrictions. d. All tree work done to SAPRF trees must comply with all tree related safety requirements as stated in the safety standards ANSI 2133.1-1994 of the American National Standards Institute, Inc. 1430 Broadway, New York, NY 10018. 1.13 SITE CLEANUP Cleanup of any debris resulting from any tree pruning operations shall be promptly and properly accomplished. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of debris be allowed in such a manner as to result in a hazard to the public. All debris from tree operations shall be cleaned up each day before the work crew leaves the site, unless permission is given by an authorized SAPRF representative to do otherwise. All lawn areas, parkways, streets and sidewalks shall be raked and/or blown clean, and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree pruning operations. All cuttings, branches, wood chips and other debris shall be cleared from the site and disposed of by the Contractor. The Contractor shall obtain permits required for this purpose. Disposal expenses will be the Contractor's responsibility. Debris, such as wood chips, shall be left on property only at the direct and specific request of the owner and an authorized SAPRF representative. Firewood four (4) inches diameter or larger will be left at the work location in a safe manner, unless the wood is not usable as firewood. All firewood to be removed (wood four (4) inches of diameter or larger) must be authorized by an SAPRF representative. ~6 25C-232 1.14 TIME FOR COMPLETION If awarded this project, the Contractor agrees to complete the work within the time parameters jointly agreed upon by the City, SAPRF, and the Contractor prior to work commencement, unless specific time deadlines are specified elsewhere in these specifications. Once the work has commenced, the Contractor shall diligently prosecute the same to completion. 1.15 PAYMENTS WITHHELD/PENALTIES Should the Contractor fail to finish the work as agreed upon in these specifications the Contractor shall be charged by SAPRF penalties in the amount of five hundred dollars ($500.00) for each calendar day that the work remains incomplete beyond the dates specified. Any amount so charged shall be deducted by the SAPRF from any monies which otherwise are or become payable to the Contractor. In case all the work called for is not completed in all parts and requirements within the time specified, the SAPRF shall have the right to grant or deny an extension of time for completion, as may be seen best to serve the interests of the SAPRF. The Contractor shall not be assessed with penalties during the delay in the completion of the worl: caused be acts of God or of the Public ~ncm~~. acts c~fthe State. il<x~ds. cpi~lemic~. ~lu,u~antinc. resU~ictic,ns. stril~e~. <~r unusually SCV"~1'~ ~Aeat~lel'. ~ he 5;~~'~~l' 1'Cpl'CJCnlatlV'c AA~li~ ~l~~Cft~llll lilC ~i~ctJ anl~ 1~1L ~'\tCit L)~ the Ul:i:1\. and their tindin<~s thereon shall be final and conclusive. 1.16 SU[3CONTRACTORS Subcontractors used in the performance of this project shall be listed in the Contractors Bid Proposal Subcontractors shall be properly licensed by the State of California as a contractor to perform wort: of this specialty and hold a valid business permit and certificate of insurance with the City of Santa Ana. Should any subcontractor tail to perform the work undertaken by him to the satisfaction of the SAPRF, said subcontractor shall be removed immediately from the project upon the request of the SAPRF and shall not again be employed on the project. The Contractor shall be held liable for the correction of any deficient work. 1.17 ADDITIONS AND/OR DELETIONS OF WORK The SAPRF representative reserves the right to add and/or delete tree work on this project as deemed necessary and in the best interest of the SAPRF. Additions and/or deletions shall be made at the unit price accepted by SAPRF upon award of contract. 1.18 INSPECTIONS An authorized SAPRF representative will inspect the work performed by the contractor to insure completion of the pruning in accordance with SAPRF Pruning specifications. Should more than two (2) inspections be required on trees needing additional work, the contractor will be billed for SAPRF staff time. 1.19 BILLING Contractor shall submit a fully itemized bill listing each tree noting: a. Address (each tree). b. Type of tree. c. Date completed. d. Person completing the job. e. Location of tree (front, side right, side left, rear) 5~ 25C-233 This information is vital to maintain the city's computerized tree inventory and management system. 2.00 CONTRACTOR QUALIFICATIONS All contractors are required to have a valid appropriate state contractor's license, current City of Santa Ana business license, City Attorney approved certificate of insurance and be knowledgeable in tree pruning and tree care prior to the commencement of any and all work. 2.01 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION The current edition of the "Green Book", Standard Specifications for Public Works Construction and it's updates, supplements and local addendums, shall be included as part of these specifications, unless otherwise directed in these specifications. 2.02 SPECIFICATIONS 1NTERPRETA~I~ION The intent of these specifiications is known by the City of Santa Ana and SAPRF. Any questions rclatin<~ to the interpretation of these specifications must be addressed. in writin~~. ~~rior t~~ t!ic Mart of ~~~~rl:. ~I~hc Contract<~r ,~~~r~c~ th~it inlcrhr~t;ition; of thi> c~~n(ra~l ali~r tl~~ start ~~I~ ~~orl: arc a~ the S,AI'IZI~ sole discretion. and the ~~Unlracll~r ;hall ahi~lc b~, all such uitcrprctations. 2.03 EXTRA WORK In the event the Contractor is required by the City to perform extra work, the following procedure shall ~~overn such work: a. When required, by the SAPRF representative, an itemized estimate of cost will be submitted for approval prior to work being performed. The Contractor shall maintain records sufficient to distinguish the difference between direct cost and extra work. He shall furnish reports of extra work on forms, agreed upon and approved by the SAPRF representative, itemizing all costs for labor, materials and equipment rental. The report shall include hours worked and be in accordance with the following conditions: I. Work will be executed under the direction of the SAPRF on a time and material basis or an agreed lump sum price depending on the nature of the work. 2. The SAPRF representative will issue a work request for such extra work to be performed. 3. Extra work will not be initiated without written authorization, except in emergency call-out situations. The SAPRF representative will solely define specific emergency situations. 4. Extra work may include, but is not limited to, the following: a). Repairs to landscaping, sprinkler systems, and/or facilities, unless damaged by Contractor. sa 25C-234 2.04 PROTECTION OF EXISTING FACILITIES AND STRUCTURES The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, SAPRF, or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and/or SAPRF shall make the determination of fault. The SAPRF representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty-four (24) hours of the damage incurred. If the SAPRF representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. Contractor shall call Underground Alert (800) 422-4133) at least two working days prior to di~~~~in~~ for line locations. f\n_v dam~~~~e or problems shall be reprn~ted immecliatel~~ to the ~:11'IZI~ r~.pr~s~ntati~~c ~u~~i the. Cite ~~f Santa .~\na. If the C~~IIIIa~llll' ~lis~~~~~crs s~~n~~~hin~~ unc~p~~ic~l ur a uniyuc problem uc~urs_ he ;h~,ulci step ~~url: and immc~liatcl~~ c~~nta~t ..n authorized SAPRF representative liar a timcl}~ resolution of the problem. 2.0~ CONTRACTOR'S STAF1= The Contractor shall provide suflicient personnel to perform all work in accordance with the specitications set forth herein. A qualified, En~~lish speaking supervisor in the employ of the Contractor shall supervise all of the Contractor's personnel. The supervisor shall be available at all times to the SAPRF representative during work operations. The responsibility for all work performed will remain with the full-time certified arborist. The Contractor shall furnish the necessary competent and key personnel to properly supervise and direct the work of fully equipped, competent and experienced crews as well as all safety equipment, including but not limited to, all equipment and work procedures required by ANSI 2133.1-1994. The Contractor shall secure all timekeeping, bookkeeping and other necessary clerical and office work required in the performance of the contract. The Contractor shall be responsible for the supervision of all of his crews. He shall check all of his crews regularly for proper quantity and quality of work, proper maintenance of tools and equipment, and safety. 2.06 SUBSTITUTIONS Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 2.07 CERTIFICATION OF MATERIALS All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the ARMD representative. The SAPRF representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non-satisfactory items at his/her cost. 59 25C-235 2.08 CONTRACTOR NEGLECT Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. 2.09 HOURS OF OPERATION The Contractor shall perform all work between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. No work shall be performed on weekends or on City recognized holidays without written SAPRF approval. 2.10 SPECIFICATIONS AND PLANS The work performed shall be done in accordance with the Standard Specifications for Public Works Construction, latest edition. hereinafter referred to as Standard Specitications. In case of conflict between the Standard Specitications and this Specification, this Specification shall take precedence over and be used in lieu of such contlicting portions. V'v-'here the plans or specifications describe portions of ~~~orl: in general terms. but not complete ~!~tail. it i; un~Jcrstr~ul tl-at ~~~~rl:man~hip ~~f the lima ~~ualit~,~ i; !~, h~~ u~c~l. t!nlc» ~,th~•r~~ i~;~ ~;~ccilic~l. the C~~rtracl~~r shall furnish ,ill lah~,r. nr~tcrials. tvul. cyuipincnt anal inci~lcntal~ anal du all the wort: involved in ezccutin~, the contract. 2.1 I CONS~hRUC"PION EQUIPMENT The Contractor shall take all necessary precautions for sate operation of his equipment and the protection of the public ti~om injury and damage from such equipment. 2.12 SOUND CONTROL REQUIREMENTS The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 2.13 TRAFFIC CONTROL The Contractor shall notify the SAPRF representative of intent to begin the contract work at least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the areas and shall make arrangements relative to keeping the working area safe and clear of vehicles. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. All traffic delineation and work area protection shall conform to the Work Area Traffic Control Handbook (W.A.T.C.H.) 2000 Edition. The Contractor shall make every effort to keep commercial driveways open during working hours. Should this not be possible, Contractor shall coordinate with the property owners bo 25C-236 affected to insure that designated times of ingress and egress is available. After working hours, all driveways shall be accessible with smooth and safe crossings through any construction area (State of California Traffic Manual). 2.14 INQUIRIES AND COMPLAINTS The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, SAPRF, and/or private citizens during normal working hours. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the SAPRF representative may, after reasonable attempt to notil=y the Contractor cause such action to be taken by the SAPRF work force. All costs of any such ~~etion shall be char~~cd a~~ainst the ConU-actor. or the SAPRF may deduct such cost from ;tfl~ J'.?l~ltlll( ~IUC 1~~ ~~C~Illl',1C~hl~ Irl~lll cii~ 1'Rf. All complaints shall bc; abated as soon as possible after notification, to the satisl~~ction of the City of Santa Ana and/or SAPRF. If airy complaint is not abated within a reasonable time, the SAPRF representative shall be notitied immediately of the reason for not abating the complaint followed by a written report to the SAPRF representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the SAPRF representative ,the SAPRF representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges. 2.15 NOTIFICATION OF LOCATIONS OF WORK The Contractor shall notify the SAPRF representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. 61 25C-237 EXHIBIT B MARIPOSA LANDSCAPE MAINTENANCE PROPOSAL DISTRICT 3 62 25C-238 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 18, 2009 TITLE: PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN AND ANNUAL BUDGET --f, ~-t ~/ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution that amends the City's Basic Classification and Compensation Plan (82-110) and amends the fiscal year 2008-2009 annual budget to create two job classifications and reallocate three positions to these classifications. DISCUSSION Due to the current economic recession and resultant impact on City finances, an analysis is being conducted on the feasibility of extending the park maintenance services provided by contractors to the remaining parks in the city. In the event this occurs, it will be necessary to monitor and oversee the performance of the contractors to ensure consistency and quality in the level of service provided. To that end, the Executive Director of Parks, Recreation and Community Services is proposing the creation of two job classifications titled Park Maintenance Inspector I and Park Maintenance Inspector II. These classifications will supervise and trouble-shoot the contractors' work on routine maintenance projects in the City's parks and properties. The Executive Director is further proposing the reallocation of one Park Maintenance Worker position to the Park Maintenance Inspector I class and the reallocation of two Park Maintenance Leader positions to the Park Maintenance Inspector II class. As the new job classifications are placed at the same salary rate range as the reallocated positions, these changes will not result in any change in compensation. 55A-1 Proposed Amendment to Basic Classification and Compensation Plan May 18, 2009 Page 2 of 2 FISCAL IMPACT There is no fiscal impact associated with these actions. Kathie Gonza ez Acting Executive Director Personnel Services Agency s~~ c~ z~l~ Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency 55A-2 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 82-110 TO ADD TWO NEW FULL TIME CLASSIFICATION TITLES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN, AND TO AMEND THE CURRENT ANNUAL BUDGET TO REALLOCATE THREE POSITIONS IN THE PARKS, RECREATION AND COMMUNITY SERVICES AGENCY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82-110, revising and re-establishing the Basic Classification and Compensation Plan for Officers and Employees of the City of Santa Ana. C. On June 17, 2008, the City Council passed and adopted Ordinance No. NS-2768, which established the City's Annual Budget, authorized position allocations for Fiscal Year 2008-2009, and set forth the requirement that alterations in the allocation of authorized positions be reviewed and approved by the City Council. D. In order to monitor and oversee the performance of park maintenance contractors to ensure efficient and effective services, the Executive Director of the Parks, Recreation and Community Services Agency proposes to create two (2) full time classifications, and to reallocate three (3) positions in the current Annual Budget. Section 2: That Section 3 of Resolution No. 82-110, as amended, is hereby further amended by adding, in alphabetical sequence, the following classification titles at the monthly six-step salary rate range and effective date indicated: 6-Step Salarv Rate (SRR) Effective 6/01/09 Monthly Salary Classification Title SRR Minimum-Maximum Park Maintenance Inspector I 556 $3144 - $4014 Park Maintenance Inspector II 600 $3896 - $4978 55A-3 Section 3: That Ordinance No. NS-2768, the Annual Budget for Fiscal Year 2008-2009, as amended, shall be further amended by: A. Reallocating one (1) full time position, with no change in salary, from the classification title of Park Maintenance Worker, Salary Rate Range (SRR) 556, to the classification title of Park Maintenance Inspector I, Salary Rate Range (SRR) 556. B. Reallocating two (2) full time positions, with no change in salary, from the classification title of Park Maintenance Leader, Salary Rate Range (SRR) 600, to the classification title of Park Maintenance Inspector II, Salary Rate Range (SRR) 600. Section 4: That except as amended by this Resolution, all other provisions of Resolution No. 82-110, as amended, and Ordinance No. NS-2768 setting forth the Annual Budget for Fiscal Year 2008-2009, as amended, shall remain in full force and effect. Section 5: That this Resolution shall be operative from and after June 1, 2009. ADOPTED this 18th day of May, 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 55A-4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55A-5 55A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 18, 2009 TITLE: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2007-03 AND ZONING ORDINANCE AMENDMENT NO. 2009-02 TO MODIFY THE GENERAL PLAN LAND USE DESIGNATION AND THE NORTH HARBOR SPECIFIC PLAN TO ALLOW A MEDICAL OFFICE BUILDING AT 3417 WEST FIFTH STREET - VIHN TRAN, APPLICANT TY MANA ER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"`' Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve and adopt Mitigated Negative Declaration and Mitigation Monitoring Plan, Environmental Review No. 2006-142. 2. Adopt a resolution approving General Plan Amendment No. 2007-03. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009-02. PLANNING COMMISSION ACTION On April 13, 2009, the Planning Commission recommended that the City Council approve and adopt Mitigated Negative Declaration and Mitigation Monitoring Plan, Environmental Review No. 2006-142; adopt a resolution approving General Plan Amendment No. 2007-03; and adopt an ordinance approving Zoning Ordinance Amendment No. 2009-02 by a vote of 5:0 (Alderete abstained, Gartner absent) to modify the General Plan and the North Harbor Specific Plan land use designation from Open Space to General Commercial to allow a medical office building at 3417 West Fifth Street. The Planning Commission made no changes to the recommendations outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. 'a M. Trevino cutive Director Planning and Building Agency LL:rb 11\reports\pc&za\gpa07-03zoa09-02 Medical Bldg.cc 75A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: APRIL 13, 2009 TITLE: PUBLIC HEARING - FILED BY VIHN TRAN FOR GENERAL PLAN AMENDMENT NO. 2007-03 AND ZONING ORDINANCE AMENDMENT NO. 2009-02 TO MODIFY THE GENERAL PLAN LAND USE DESIGNATION AND THE NORTH HARBOR SPECIFIC PLAN TO ALLOW A MEDICAL OFFICE BUILDING AT 3417 WEST FIFTH STREET Prepared by Lucy Linnaus Executive Director RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO ~~ Planning Manage 1. Approve and adopt Mitigated Negative Declaration and Mitigation Monitoring Plan, Environmental Review No. 2006-142. 2. Adopt a resolution approving General Plan Amendment No. 2007-03. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009-02. DISCUSSION Request of Applicant Vihn Tran, owner of the subject property, is requesting approval to develop a 6,002 square feet medical office building to be located at 3417 West Fifth Street. To allow the proposed project, the applicant is requesting a general plan amendment to redesignate the site from Open Space (OS) to General Commercial (GC). Additionally, the request includes a zoning ordinance amendment to modify the North Harbor Specific Plan (SP2) to redesignate the site from Open Space to General Commercial. Property Description The project site is 1 Streets. The site contiguous lots with currently vacant, but that was constructed ocated at the northeast corner of Fifth and Jackson is a rectangular shaped parcel composed of two a total area of 19,810 square feet. The site is was previously developed with a restaurant and bar in 1970 and demolished in 2004. Vehicular access EXHIBIT A 75A-2 General Plan Amendment 2007-03 Zoning Ordinance Amendment No. 2009-02 April 13, 2009 Page 2 to the site is from both Jackson and Fifth Streets. The site is located within the Open Space (OS) land use designation of the General Plan and the Open Space land use category of the North Harbor Specific Plan (SP2) As stated on the plans, the existing billboard will be removed by the applicant at issuance of the building permit. Surrounding land uses include residential uses to the north, and commercial/industrial to the south, east and west (Exhibits 1 and 2). Project Description The applicant proposes to construct a two story, 6,002 square foot medical office building in compliance with the development standards of the North Harbor Specific Plan (SP2). The applicant proposes to locate the building at the southwest corner of the site and adjacent to the streets to strengthen the urban design of the street and locate the required 36 parking stalls at the rear of the building to provide a buffer area between the residential uses to the north and this commercial use. The parking area will be fully landscaped to meet the palette established in the SP2 zoning district and illuminated to meet the Police Department's safety standards. The site will have vehicular and pedestrian access from both Fifth and Jackson Streets to allow efficient and safe internal circulation. The building's primary pedestrian access is at the corner facing both streets. A secondary access to the building will be provided off the parking lot (Exhibit 3). The building's architectural style is contemporary and employs a clean and simple geometric form in compliance with the North Harbor Specific Plan. The building will be constructed of split-face concrete masonry unit block, contrasted by smooth stucco walls in muted colors. To emphasize the horizontality of the building, the split-face block walls will be accented by horizontal lines of masonry block of different color and texture. The stucco walls will be accented by brightly colored horizontal metal awnings over the building windows and main entrances (Exhibits 4 and 5). While the building is not leased yet, the applicant anticipates that the medical office building will be open for business Monday through Saturday from 8:00 a.m. to 5:00 p.m. Analysis of the Issues In May 1994, the City of Santa Ana adopted the North Harbor Specific Plan (SP2) The intent of the Plan was to create a strong, viable commercial district supported by safe and well maintained neighborhoods. When the plan was adopted, this site was identified as one with potential for open space opportunities due to its proximity to Campesino Park and Willowick Golf Cou 7 ~A 3d was rezoned from commercial General Plan Amendment 2007-03 Zoning Ordinance Amendment No. 2009-02 April 13, 2009 Page 3 to Open Space. Since the plan was adopted, the opportunities to develop as an open space use have not materialized and, since the site was demolished five years ago, it has remained vacant. The Parks, Recreation and Community Services Agency has reviewed this site and has determined that since it is not adjacent to any park, its potential to develop as a public park is non-existent. As a result, the applicant is proposing to construct a medical office building on the site. The proposed project requires a General Plan Amendment and a zoning ordinance amendment to redesignate the site from Open Space (OS) to General Commercial (GC) Exhibit 6 describes the revisions to the Land Use Element text and maps to pursue this project. Exhibit 7 describes the revisions to the North Harbor Specific Plan to pursue this project. The proposed General Plan Amendment to redesignate the site from an open space to a commercial land use would further the following General Plan land use element goals and policies: Promote land uses which enhance the city's economic Goal 2 and fiscal viability. Policy 2.10 Support new development which is harmonious in scale and character with existing development in the area. Goal 3 Preserve and improve the character and integrity of existing neighborhoods. Policy 3.1 Support development which provides a positive contribution to neighborhood character and identity. Policy 3.5 Encourage new development and/or additions to existing development that is compatible in scale, and consistent with the architectural style and character of the neighborhood. Goal 5 Ensure that the impacts of development are mitigated. Policy 5.1 Promote development which has a net community benefit, and enhances the quality of life. Policy 5.2 Protect the community from incompatible land uses. Policy 5.5 Encourage development which is compatible with, and supportive of surrounding land uses. The presence of vacant sites can be detrimental to the appearance of a neighborhood. This is particularly critical in this area as, according to the specific plan, it already lacks strong architectural character, has insufficient landscape and generally has a large number of older buildings that are not well maintained. Vacant sites also create a public nuisance and can contribute to create an environment that can be 7 5A-4 General Plan Amendment 2007-03 Zoning Ordinance Amendment No. 2009-02 April 13, 2009 Page 4 conducive to crime, negatively impacting the adjacent residential uses. The proposed medical office building will help complete the commercial edge facing Fifth Street with a contemporary office building that will add architectural character and much needed landscape to the streetscape. Additionally, the proposed building is positioned in a manner that will create a buffer between a busy arterial street to the south and residential uses immediately to the north. Lighting has been designed and located to minimize impacts on the adjacent residential properties. The parking lot, separated from the residential use by a seven foot landscaped area and a block wall, will further create a buffer between uses. On October 28, 2008, the Santa Anita Neighborhood Association reviewed the project at their regularly scheduled meeting. After reviewing the plans for the project, the community generally welcomed the development as it will develop a long term vacant site and complete the neighborhood. Questions regarding the potential tenants, the parking adequacy, required public improvements and the expansion of Willowick Golf Course were raised and discussed at the meeting. In summary, the general plan and the zoning ordinance amendments will allow the construction of a new building on a site that has been vacant since 2004, benefiting the community by enhancing the neighborhood character, providing a positive transition between commercial and residential uses and providing a new service to the individuals who live and work in the area. Therefore, staff recommends that the Planning Commission recommend that City Council approve General Plan Amendment No. 2007-03 and Zoning Ordinance Amendment No. 2009-02. CEQA Compliance In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15063), Mitigated Negative Declaration and Mitigation Monitoring Program Environmental Review No. 2006-142 has been prepared for this project (Exhibit 8). Lucy innaus Senior Planner /~.,:. Vince Freg so, AICP Principal 1 ner LL: jm 11\reports\pc&za\gpa07-03zoa09-02 Medical Bldg.pc 75A-5 I SD-~ ___ ~; C2 1 SP-2 v SP-2 ii SP-2 ~ ~ 41 R1 R~ I nvE. € 11 ~:;. I; ~ raRw s R1 Rl R1 R1 i suNSwEPTev. Rl ~R1 Ri!!YY~~_°_^~;\` M1 NIN ~~ SIDE PV 31 ` R2 I c av. 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J. v~'vNeVVah~vs e ::. g ~~ Deus aas •we edrs ~' ~ ~ ~ ~~c~ ~ ~ ~ ~~ C a ~ ,~ ~i r- a i $_ ~~~ ~~oa~o~~ ~~o~~®~~~o®~~ ~~ 31L19NIMV7q Q' ~ e i 4 prep 4 ~~ N ~~ GPA 2007-3/ZOA 2009-2 75AE1CNIBIT 4 k a r pp~~ ~I n g ~I s~ 5~ ~FRt( Q ~ k g ~r~ ~NtlV® 00~@J 2J ~~~2J® ~~c9~®2J~ !~ ~ ~~ 311LL `JNIMrMO ~S ~ ~ S 00000 <p ~~ ~~ N W GPA 2007-3/ZOA 2009-2 75AE~j1~IT 5 ~~ ~~ '~f {7 LAND USE ELEMENT SANTA ANA GENERAL PLAN City of Santa Ana Planning Division Adopted February 2, 1998 The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by Santa Ana City Council February 2, 1998 (GPA 1997-05): GPA 2007-03 (Mav 18, 2009), GPA 2004-03 (February 2, 2009), GPA 2008-01 (May 5, 2008), GPA 2007-02 (June 18, 2007), GPA 2007-01 (March 19, 2007), GPA 2006-01 (October 2, 2006), GPA 2005-01 (December 5, 2005), GPA 2005-02 (October 17, 2005), GPA 2004-01 (April 5, 2005, as passed by the voters of Santa Ana), GPA 2004-04 (July 19, 2004), GPA 2004-06 (July 6, 2004), GPA 2003-02 (June 16, 2003), GPA 2003-01 (February 18, 2003), GPA 2002-01 (September 3, 2002), GPA 2002-03 (August 19, 2002), GPA 2001-03 (February 19, 2002), GPA 2001-02 (January 7, 2002), GPA 2000-09 (May 7, 2001), GPA 2000-08 (February 5, 2001), GPA 2000-03 (December 4, 2000), GPA 2000-02 (November 20, 2000), GPA 1999-02 (October 18, 1999), GPA 1999-01 (August 16, 1999), GPA 1998-04 (October 5, 1998), GPA 1998-05 (September 21, 1998), GPA 1998-01 (May 4, 1998). 3PA~?,puOJ~-3 IT~ 2009-2 ~ ~ ~ s cy a C ~ a ~ b a W ~q ~~ o ~ ~ ~ b ~ ~. ~ v N N 8i ~ E '" ~ c Q ~ ~ N f ~ v ~ m `0 8 V o m ~ c ~ ~ 9 $ ~ A ~ ~ ~ ~ ~ ~ J m s ~~~ ~~ g b o • ~ ~ o v~ O ~ ~ ~ ~ f a ~ ? ? o ~ a 75A-12 o m in ~ a v ~n N O ~ ~ g ~ N O O O O O O ~8 N `h OOiAoo~NOnovnia~OOONO Kra ~o~~i~~~~~o ~ wx W ++ \ S ~ '^ VI ~ Q 6 ~~' ~ a 0 ~ ~ CC C ~ ~ t ~ ~ ~~ ~ ~ ~ LL ~ K _ ^ I..L ~ ~ O ~ ~ 8 > ~ '9 w '~ u~i '~ (~ A' g W ~ Q R , Yp Qmp~ ~ . ° a S .~ ~ ~ a :x~ s d 8' E N ~ ~U~LL ~ ~ 7 ~ q,.~ ~ v ~ E -yy J P! Ewa ~ .Q '$QQ g ~'~ ~ ~ f a' ~ ~ ~ a ~ ~ gs~t ~ °a t~ ... .^°, o ~~~USw3 w9EmEx ~cgri'~~w~ ~ .: ~ yW.,I c O g ~ ? ~ .nZ. O c " ca ~~~g~~~~xN~H oa~S~a ~~Q Q~-~o 0 5 24.1 O`~ y '~g pp m z ° ~ z f ~~ „ ~ , ~ ~, d ~UZZ~S U~USOXILLON~YSfn~~d~ Ndv~A ~b~~bdd~'n d~br~bdd~ ~' ~~~ ~ NNNN Fz~ ~ Q S 3 < a\. M, Y 75A-13 LAND USE ELEMENT office corridor between the Santa Ana (I-5) and Costa Mesa (SR-55) Freeways serves this purpose. In addition, the orderly, well-maintained quality of existing development supports a continuation of these areas as functional office/employment centers. The Professional and Administrative Office designation includes a range of floor area ratios to differentiate development intensity and character in relation to adjacent land uses. The areas with a FAR of 0.5 are not major office centers, but rather have an established character of lower intensity garden office and professional service uses. These areas are typically adjacent to low density residential neighborhoods, or are converted residential office uses. Office development along East Fourth Street, between Grand Avenue and the Santa Ana Freeway, is typical of this low-rise office character. The PAO area located adjacent to the Civic Center contains a range of office development intensity which supports the City's functional role as the government center of the County. The types of uses typically located in the PAO district include the following: • Professional and administrative offices/office parks; • Service activities such as copy centers, courier services, travel agencies, and restaurants when such uses are an integral component of a planned office development; and • Professional uses such as accountants, attorneys, doctors, engineers, and insurance brokers. General Commercial Districts The General Commercial district (GC) applies to commercial corridors in Santa Ana including those located along Main Street, Seventeenth Street, Harbor Boulevard, and other major arterial roadways in the City. The intensity standard applicable to this designation is a floor area ratio of 0.5 -1.0, though most General Commercial districts have a FAR of 0.5. A total of 4~~ 1,114.1 acres of land is included in this designation. General Commercial districts are key components in the economic development of the City. They provide highly visible and accessible commercial development along the City's arterial transportation corridors. In addition, General Commercial land uses provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment, and education. The districts also provide support facilities and services for industrial areas including office and retail, restaurants and various other services. A-19 Revised (May~~A08 May 18. 20091 7 5A-14 LAND USE ELEMENT Industrial The Industrial designation applies to those areas developed with manufacturing and industrial uses. The designation applies to areas which are predominantly industrial in character, and includes those industrial districts in the southwestern, south central and southeastern sections of the City. A total of 2,280.9 acres of land in the City is designated as Industrial. The maximum floor area ratio for this designation is 0.45. The Industrial districts of the City are vital to its economic health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic development. As one of the County's oldest cities, Santa Ana has long been an industrial center for the region. The City's goal is to maintain this strong industrial base by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include the following: • Light and heavy product manufacturing and assembly; and • Commercial uses which are ancillary to industrial uses in the district. Institutional The Institutional designation includes the Civic Center, other governmental facilities, City facilities and public institutions such as schools, etc. Only public properties of approximately five acres or more are designated as Institutional. The maximum applicable floor area ratio standard for this designation is 0.5. The 0.5 FAR is used as a guideline since most development in this designation are State, federal, and local governmental facilities that are not subject to local development regulations. A total of 812.6 acres of land is included in this designation. Open Space The Open Space designation is applied to parks, water channels, cemeteries and other open space uses. A total of 4~9 1,018.5 acres are included in this land use designation. Of this total, 375 acres of public park land is included in this land use designation. Revised (May 18, 2009) A~SA-15 LAND USE ELEMENT Table A-4 indicates the development possible under the build-out of the Land Use Plan. The build-out for residential land uses considered two scenarios. Effective build-out for residential development is calculated by adding the 3,232 units possible in the areas designated as District Center to the existing 74,588 units presently found in the City. Theoretical build-out for residential development considered the development possible if all of the areas designated as residential were developed according to the permitted Land Use Plan intensities. Since the Land Use Element does not contemplate the elimination of existing housing in the City, the effective build-out figure represents a more realistic estimate of future residential development. As indicated in Table A-4, four of the non-residential land use designations have a range in FAR intensities. For the non-residential land use designations, effective build-out considered the development possible under the lower range of FAR intensities while theoretical build-out considered the upper FAR range. Typically, parking and landscaping requirements will result in significantly less floor area for commercial and industrial developments than that which is permitted under the General Plan. As indicated in Table A-4, between 68,498 to 77,820 housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical build- out scenario are a reflection of the higher density multiple-family developments constructed in the 1970's and 1980's. However, the purpose of the Land Use Plan as it applies to the residential areas is to preserve and maintain the stability of existing neighborhoods, regardless of the character of development. The intent of the Plan is not to create any displacement, nor decrease existing development densities. Rather, it is to ensure a safe, healthy, and livable environment for City residents. Existing residential development entitlements are protected through this Land Use Element, applicable Zoning regulations, and sections of the City code pertaining to legal nonconforming uses. The Land Use Element's implementation may result in an increase in the amount of commercial, office, and industrial development in the City. As indicated in Table A-4 up to a4,1-~ 52,423,126 square feet of commercial and office development, and 44,891,128 square feet of industrial development are possible under the effective capacity parameters of Land Use Plan. Revised (May 18, 2009) 7 ~~_ 16 Amended Table A-4 Land Use Plan Build-out Capacities Intensity/Density Effective Theoretical Land Use Acres Standards Build-out, Build-out Mixed Use2 103.5 ac FAR 3.0 Metro East Residential DC 5,551 d.u. SubTotal 5,551 d.u. Metro East Commercial DC 3,245,185 s.f. 3,245,185 s.f. SubTotal 3,245,185 s.f. 3,245,185 s.f. Residential Low Density Residential LR-7 6,474.4 ac. 7 d.u./ac 45,321 d.u. Low Medium Density Residential LMR-11 443.1 ac. 11 d.u./ac 4,875 d.u. Medium Density Residential MR-15 413.2 ac. 15 d.u./ac 6,198 d.u. Residential/Industrial3 R/1-15 9.2 ac. 15 d.u./ac 138 d.u. District Center4 DC 35.9 ac. 90 d.u./ac 3,232 d.u. SubTotal 7,366.5 ac. 77,820 d.u., 59,661 d.u. Commercial Professional & Admin. Office PAO 621.5 ac. FAR 0.5-1.0 13,536,270 s.f. 27,072,540 s.f. General Commercial GC ~3~-as: FAR 0.5-1.0 '^,~~^,^~~ ~ f 48-5A8-8~-zr~ 1,114.1 ac. 24,264,331 s.f. 48,528,662 s.f. District Center4 DC 323.2 ac. FAR 1.0-2.0 14,079,332 s.f. 28,158,665 s.f. One Broadway Plaza District Ctrs OBPDC 4.3 ac. FAR 2.9 543.193 s.f. 543.193 s.f. SubTotal ~ ^=-~Q: ~ ~e~ ~+~ ~~~ ~ s r r ~ ~ 2,063.1 ac. 52,423,126 s.f. 104,303,060 s.f. Industrial Industrial IND 2,280.9 ac. FAR 0.45 44,710,202 s.f. 44,710,202 s.f. Residential/Industrial3 R/I-15 18.5 ac. FAR 0.45 180,926 s.f. 180.926 s.f. SubTotal 2,290.1 ac. 44,891,128 s.f. 44,891,128 s.f. Other Institutional5 INS 812.6 ac. FAR 0.2-0.5 7,079,023 s.f. 17,697,557 s.f. Open Space OS ~A4S~9-,ate FAR 0.2 g~ g~ 1,018.5 ac. 8,873,172 s.f. 8,873,172 s.f. SubTotal ~-;gam--ate 4~~. 1,831.1 ac. 15,952,145 s.f. 26,570,729 s.f. Notes: ,Effective capacity for non-residential development assumes development possible under the lower range of FAR intensity standards with the exception of the Metro East District Center. Residential effective capacity was calculated by adding the 8,783 units possible in the District Center with the existing 74 588 (Census 2000) housin units ZThe Metro East District Center allows a range of intensity for mixture of residential and com , g . mercial development based on the Metro East Mixed Use Oveday Zone development standards. ,Land use designation permits bath residential and industrial development. Build-out assumed 50% of the land area will be developed as residential and 50% as industrial development. ,Land use designation permits both residential and commercial development. Buildout assumes 90% of and area will be developed as commercial and 10% will be developed as residential. FAR -floor area ratio, d.u. -dwelling units, s.f. -square feet (of floor area). Acreage shown in table does not include roads in right-of-way. sEffective capacity assumes FAR of 0.2 BLand use designation permits high intensity office development with ancillary retail use. This table has been revised to correspond with the GIS Land Use Map illustrated in Exhibit 2. Revised (May 18, 2009) A-31 75A-17 ~~ ~ducadon 1st NORTH HARBOR SPECIFIC PLAN City of Santa Ana Submitted By: Planning and Building Agency GPA 92-7/AA 1061/SP2 The following is a chronology of the approved zoning ordinance amendments that have been incorporated into this document since it was adopted by Santa Ana City Council on May 16, 1994: ZOA 2009-2 (May 4, 2009). GPA 2007-3/ZOA 2009-2 EXHIBIT 7 75A-18 NORTH HARBOR SPECIFIC PLAN Figure 3.1 North Hazbor Specific Plan Fln phasis Zones 75A1=19 POSTED MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCIL MEMBERS P. David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero CITY OF SANTA ANA PLANNING 8 BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988 . Santa Ana, California 92702 (714} 667-2700 • Fax (714) 973-1461 www.santa-ana.org NOTICE OF INTENT MAR 2 0 2009 TOM DALY, CLERK-RECORDER By ~~ DEPUTY CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy TO ADOPT A MITIGATED NEGATIVE DECLARATION This is to inform the general public that the City of Santa Ana proposes to adopt a Negative Declaration for the following project: Project Title: Medical Office Building Project Description: The proposed project consists on the construction of a two story, 6,002 square foot medical office building and related parking and landscape in compliance with development standards for the general commercial zone. The site will provide 36 parking spaces and have vehicular access from Jackson and Fifth Street. A zoning ordinance amendment to the North Harbor Specific Plan (SP2) to change the boundaries of the land use category map from Open Space to General Commercial and a general plan amendment to change the land use designation from Open Space to General Commercial are required. Project Location: Project Number: Public Review Period: Hearing Date: Hearing Location: 3417 West Fifth Street GPA 2007-3, ZOA 2009-2, ER 2006-142 March 20, 2009 to April 9, 2009 April 13, 2009 City of Santa Ana Council Chambers 22 Civic Center Plaza Santa Ana, CA 92702 The Mitigated Negative Declaration and Initial Study as well as all referenced documents will be available for public review at the City of Santa Ana Planning and Building Agency located at 20 Civic Center Plaza, Santa Ana, California. Please submit any comments on the Negative Declaration to the City on or before April 9, 2009. Please direct your comments to: Lucy Linnaus, Senior Planner, City of Santa Ana, P.O. Box 1988, M-20, Santa Ana, CA, 92702. If you have any questions or would like any additional information, please contact Lucy Linnaus at (714) 667- 2745. GPA 2007-3/ZOA 2009-2 ~T~O MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCIL MEMBERS P. David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero CITY OF SANTA ANA PLANNING 8~ BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988 . Santa Ana, California 92702 (714) 667-2700 • Fax (714) 973-1461 www.santa-ana.org CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy MITIGATED NEGATI~/E DECLAMATION Pursuant to the Procedures of the City of Santa Ana for implementation of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below: Project Number: GPA 2007-3, ZOA 2009-2 and ER 2006-142 Applicant: Vinh Tran Project Location /Address: 3417 West Fifth Street, Santa Ana, CA Project Title /Description: Medical Office Building The proposed project consists on the construction of a two story, 6,002 square foot medical office building and related parking and landscape in compliance with development standards for the general commercial zone. The site will provide 36 parking spaces and have vehicular access from Jackson and Fifth Street. A zoning ordinance amendment to the North Harbor Specific Plan (SP2) to change the boundaries of the land use category map from Open Space to General Commercial and a general plan amendment to change the land use designation from Open Space to General Commercial are required. And does hereby find: That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of revisions to the project and mitigation measures placed on the project, and agreed to by the applicant, reduce each impact to below a level of significance. Signature: Date: Senior Planner This determination is not final until adopted by the decision-making body or administrative official, and a Notice of Determination is filed. 75A-21 Initial Study CEQA Compliance PLANNING DIVISION I. Project Title: Medical office building at Jackson and Fifth Streets II. Project Numbers: GPA 2007-3, ZOA 2009-2 and ER 2006-142 III. Lead Agency Name and Address: City of Santa Ana Planning Division (M-20) P.O. Box 1988, Santa Ana, CA 92702 IV. Contact and Phone Number: Lucy Linnaus (714) 667-2745 V. Project Location: 3417 West Fifth Street VI. Project Sponsor's Name and Address: Vinh Tran, 14522 Goldenwest Street, Westminster, CA 92683 VII. General Plan Designation: Open Space (O) VIII. Zoning: Open Space land use category of the North Harbor Specific Plan (SP-2) IX. Description of Project: The proposed project consists on the construction of a two story, 6,002 square foot medical office building and related parking and landscape in compliance with development standards for the general commercial zone. The site will provide 36 parking spaces and have vehicular access from Jackson and Fifth Street. A zoning ordinance amendment to the North Harbor Specific Plan (SP2) to change the boundaries of the land use category map from Open Space to General Commercial and a general plan amendment to change the land use designation from Open Space to General Commercial are required. X. Surrounding Land Uses and Setting: The project site is a rectangular shaped parcel composed of two lots located on the northeast corner of Jackson and Fifth Streets. The site is currently vacant, but previously developed with a restaurant and bar, originally constructed in 1970 and demolished in 2004. Vehicular access to the site if from Jackson and Fifth Street, which are listed as secondary arterial street in the Circulation Element of the City's General Plan. The surrounding land uses include residential to the north, and commercial to the east, south and west. XI. Other agencies whose approval is required. No approval is required from outside agencies. LL\U:\LLinnaus\Environmental\Medical Building final Neg Dec.doc 7 5A-2 Initial Study CEQA Compliance Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by that project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. O Aesthetics O Agricultural Resources O Air Quality O Biological Resources O Cultural Resources O Geology and Soils O Hazards and Hazardous Materials O Hydrology and Water Quality O Land Use and Planning O Mineral Resources O Noise O Population and Housing O Public Services O Recreation O Transportation and Traffic O Utilities and Service Systems O Mandatory Findings of Significance Environmental Determination On the basis of this initial evaluation, I find that: A. ^ The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. B. ® Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. C. ^ The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. D. ^ Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR (EIR No. -)pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the project, nothing further is required. E. ^ Pursuant to Section 15164 of the CEQA Guidelines, an EIR (EIR No. -)has been prepared earlier and only minor technical changes or additions are necessary to make the previous EIR adequate and these changes do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. F. ^ Pursuant to Section 15162 of the CEQA Guidelines, an EIR (EIR No. -)has been prepared earlier; however, subsequent proposed changes in the project and/or new information of substantial importance will cause one or more significant effects no previously discussed. A SUBSEQUENT EIR shall be prepared. March 20. 2009 Signature Date Lucv Linnaus. Senior Planner Printed Name LL1U:1LLinnaus\Environmental\Medical Building final Neg Dec.dx 7 5A-2 Environmental Checklist CEQA Compliance Evaluation of Environmental Impacts: A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on aproject-specific screening analysis). II. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. III. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. IV. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (V) below, may be cross-referenced). V. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. VI. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. VII. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. VIII. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. IX. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance 75A-24 Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Less than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I. Aesthetics -Would the project: A. Have a substantial adverse effect on a scenic vista? ^ ^ ^ B. Damage scenic resources, including but not limited ^ ^ ^ to, trees, rock outpourings and historic buildings within a state highway? C. Substantially degrade the existing visual character or quality of the site and its surroundings? ^ ^ ® ^ D. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? ^ ^ ® ^ II. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or ^ ^ ^ Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland.) B. Conflict with existing zoning for agricultural use or a ^ ^ ^ Williamson Contract? C. Involve other changes in the existing environment ^ ^ ^ which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? 75A-25 Environmental Checklist CEQA Compliance Issues 8~ Supporting Information Sources Less than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact III. Air Quality -Where available, the significant criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations. Would the project: A. Conflict with or obstruct implementation of ^ ^ ^ applicable Air Quality Attainment Plan or Congestion Management Plan? B. Violate any air quality standard or contribute ^ substantially to an existing or projected air quality violation? C. Result in a cumulatively considerable net increase ^ of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceeds quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant ^ concentrations? E. Create objectionable odors affecting a substantial ^ number of people? IV. Biological Resources -Would the project: A. Adversely impact, either directly or through habitat ^ modifications, any endangered, rare or threatened species, as listed on Title 14 of the California Code of Regulations (section 670.2 or 670.5) or in the Title 50, code of Federal Regulations (section 17.11 or 17.12)? 1 B. Have a substantial adverse impact, either directly ^ or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? 75A-26 ® ^ ® ^ ® ^ ® ^ Environmental Checklist CEQA Compliance Issues & Supporting Information Sources C. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? ess than Significant Potentially with Significant Mitigation Impact Incorporated ^ ^ D. Adversely impact federally protected wetlands ^ (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? E. Interfere substantially with the movement of any ^ resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? F. Conflict with any local policies or ordinances ^ protecting biological resources, such as tree preservation policy or ordinance? G. Conflict with the provisions of an adopted Habitat ^ Conservation Plan, Natural Conservation Community Plan or other approved local, regional or state habitat conservation plan? V. Cultural Resources -Would the project: A. Cause a substantial adverse change in the ^ significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register or Historic Resources, or a local register of historic resources? Less Than Significant Impact ^ ^ ^ ^ No Impact 75A-27 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues ~ Supporting Information Sources Impact Incorporated Impact Impact B. Cause a substantial adverse change in the ^ ® ^ ^ significance of a unique archaeological resource (i.e., an artifact, object or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person? C. Disturb or destroy a unique paleontological ^ ® ^ ^ resource or site? D. Disturb any human remains, including those ^ ® ^ ^ interred outside of formal cemeteries? VI. Geology and Soils -Would the project: A. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as ^ ^ ^ delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? ^ ^ ® ^ 3. Seismic-related ground failure, including ^ ^ ® ^ liquefaction? 4. Inundation by seiche, tsunami, or mudflow? ^ ^ ^ 5. Landslides? ^ ^ ^ Flooding, including flooding as a result of the ^ ^ ^ 6. failure of a levee or dam? 75A-28 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact Wildland fires, including where wildfires are ^ ^ ^ adjacent to urbanized areas and where 7. residences are intermixed with wildland? B. Would the project result in substantial soil erosion ^ ^ ® ^ or the loss of topsoil? C. Would the project result in the loss of a unique ^ geologic feature? D. Is the project located on strata or soil that is ^ unstable or that would become unstable as a result of the project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? ^ ^ E. Is the project located on expansive soil creating ^ substantial risks to life and property? F. Where sewers are not available for the disposal of ^ wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? VII. Hazardous and Hazardous Materials -Would the project: A. Create a significant hazard to the public or the ^ environment through the routine transport, use or disposal of hazardous materials? B. Create a significant hazard to the public or the ^ environment through reasonably foreseeable upset and accident conditions involving likely release of hazardous materials into the environment? C. Reasonably be anticipated to emit hazardous ^ emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? ^ ^ ^ ^ ^ ^ ^ ^ 75A-29 Environmental Checklist CEQA Compliance Issues & Supporting Information Sources D. Is the project located on a site which is located on a list of hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? Less than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporated Impact ^ ^ ^ E. Is the project located within an airport land use ^ plan or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? F. For a project located within the vicinity of a private ^ airstrip, would the project result in a safety hazard for people residing or working in the project area? G. Impair implementation of or physically interfere ^ with an adopted emergency response plan or emergency evacuation plan? H. Expose people or structures to the risk of loss, ^ injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII Hydrology and Water Quality -Would the project: A. Violate Regional Water Quality Control Board ^ water quality standards or waste discharge requirements? B. Substantially deplete groundwater supplies or ^ interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ No Impact 75A-30 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact C. Substantially alter the existing drainage pattern of ^ ^ ® ^ the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on or off-site? D. Substantially alter the existing drainage pattern of ^ ^ ® ^ the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off- site? E. Create or contribute runoff water which would ^ ^ ® ^ exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted run-off? F. Place housing within a 100-year floodplain, as ^ ^ ^ mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which ^ ^ ^ would impede or redirect flood flows? IX. Land Use and Planning -Would the project: A. Physically divide an established community? ^ ^ ^ B. Conflict with any applicable land use plan, policy, ^ ^ ® ^ or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C. Conflict with any applicable habitat conservation ^ ^ ^ plan or natural community conservation plan? 75A-31 Environmental Checklist CEQA Compliance Issues & Supporting Information Sources X. Mineral Resources -Would the project: A. Less than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? B. Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? XI Noise -Would the project result in: A. Exposure of persons to or generation of noise ^ levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? B. Exposure of persons to or generation of excessive ^ groundborne vibration or groundborne noise levels? C. A substantial permanent increase in ambient noise ^ levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in ^ ambient noise levels in the project vicinity above levels existing without project? E. For a project located within an airport land use plan ^ or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ® ^ ® ^ ^ ^ 75A-32 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact F. Fora project located within the vicinity of an ^ ^ ^ airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. Population and Housing -Would the project: A. Induce substantial population growth in an area, ^ ^ ^ either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, ^ ^ ^ necessitating the construction of replacement housing elsewhere? C. Displace substantial numbers of people, ^ ^ ^ necessitating the construction of replacement housing elsewhere? XIII. Public Services A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: 1. Fire protection? ^ ^ ® ^ 2. Police protection? ^ ^ ® ^ 3. Schools? ^ ^ ^ 4. Parks? ^ ^ ^ 5. Other public facilities? ^ ^ ^ 75A-33 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact XIV. Recreation A. Would the project increase the use of existing ^ ^ ^ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or ^ ^ ^ require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. Transportation /Traffic A. Cause an increase in traffic which is substantial in ^ ^ ® ^ relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? B. Exceed, either individually or cumulatively, a level ^ ^ ® ^ of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including ^ ^ ^ either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards due to a design ^ ^ ^ feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? E Result in inadequate emergency access? ^ ^ ^ F Result in inadequate parking capacity? ^ ^ ^ G. Conflict with adopted policies supporting ^ ^ ^ alternative transportation (e.g., bus turnouts, bicycle racks)? 75A-34 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the ^ applicable Regional Water Quality Control Board? B. Require or result in the construction of new water ^ or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm ^ water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the ^ project from existing entitlements and resources or are new or expanded entitlements needed? E. Has the wastewater treatment provider which ^ serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? F. Is the project served by a landfill with sufficient ^ permitted capacity to accommodate the project's solid waste disposal? G. Comply with federal, state and local statutes and ^ regulations related to solid waste? XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the ^ quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ® ^ ^ ® ^ ® ^ ^ 75A-35 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact B. Does the project have impacts that are individually ^ ^ ® ^ limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects.) C. Does the project have environmental effects which ^ ® ^ ^ will cause substantial adverse effects on human beings, either directly or indirectly? 75A-36 Responses to Environmental Checklist For CEQA Compliance The following is an analysis of potential environmental impacts associated with the proposed project based upon the City of Santa Ana Environmental Checklist. The analysis incorporates by reference information from the Santa Ana General Plan Land Use Element No. EIR 97-1. I. Aesthetics- A. Have a substantial adverse effect on a scenic vista? B. Damage scenic resources, including but not limited to trees, rock outpourings and historic buildings within a State highway? No Impact According to the City's General Plan Land Use Element FEIR, there are no scenic vistas within the immediate vicinity of the project site. The Santa Ana Interstate Freeway (I-5), Orange Freeway (SR-57), Newport Freeway (SR-55), and Garden Grove Freeway (SR-22) are the four state highways that can be found in the City of Santa Ana. The proposed project site is not visible from any of those highways and therefore will not damage or destroy any scenic resources that are located within the vicinity of these highways. C. Substantially degrade the existing surrounding? D. Create a new source of substantial nighttime views in the area? Less than significant impact visual character or quality of the site and its light or glare, which would adversely affect day or The proposed project will alter the visual quality of the site, but impacts are anticipated to be beneficial, not adverse. The project will replace a vacant site with a new two story development that has been reviewed by the City's Development Review Committee who has determined that the proposed project would not degrade the existing visual character of the surrounding area. Major sources of light and glare in the project area include light from street and parking lot lights, illuminated signage, headlights from vehicles, security lighting, and indoor lighting. The proposed project will not introduce substantial new lighting which will be discernable over existing conditions. II. Agricultural Resources A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non- agriculture use? B. Conflict with existing zoning for agriculture use or a Williamson Contract? C. Involve other changes in the existing environment, which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agriculture use? No Impact Based on a site visit conducted by City staff, the proposed project site is currently vacant. Based on City records, the site was previously improved with a restaurant and bar that were demolished in 2004. The project site is not currently zoned for agricultural purposes and there is not record of the site having been used for agricultural purposes. Presently, there are no areas in the City that are under existing Williamson Contracts. Therefore the proposed project will not result in any adverse impacts to agricultural resources. 75A-37 Responses to Environmental Checklist For CEQA Compliance III. Air Quality A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or congestion Management Plan? No Impact The City of Santa Ana is included within the South Coast Air Quality Management District and subject to the requirements of the Clean Air Act at both the Federal and State level. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air quality standards and objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are based upon population and growth projections provided in the General Plan. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in the City's General Plan. The proposed project would not impact the population or growth projections in the General Plan as the project is a medical office building. Therefore, approval of the proposed zoning ordinance amendment would not be in conflict with the South Coast AQMP. B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceeds quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant concentrations? E. Create objectionable odors affecting a substantial number of people? Less than significant Impact with Mitigation Incorporated As mentioned previously, the South Coast Air Quality Management District (SCAQMD) regulates air quality in the South Coast Air Basin. The South Coast Air Basin is currently anon-attainment area for carbon monoxide, ozone, and particulate matter. The SCAQMD considers an air quality impact to be significant if it exceeds the thresholds identified below. EMISSION THRESHOLDS OF SIGNIFICANCE Project Pollutant Construction Tons/ Operations Pounds/Day Quarter Pounds/Day Reactive Organic Com ounds ROG 75 2.5 55 Nitro en Oxides NOx 100 2.5 55 Carbon Monoxide CO 550 24.75 550 Respirable 10-micron dia. articulate Matter PM10 150 6.75 150 Fine 2.5-micron diameter 55 55 articulate matter Oxides of Sulfur Sox 150 150 75A-38 Responses to Environmental Checklist For CEQA Compliance Long-Term Operational Air Quality Impacts The primary source of long-term operational emissions associated with the proposed project would be generated by vehicle travel to and from the project site. A relatively minor amount of gaseous emissions would also occur from natural gas and electricity usage and the operation of outdoor maintenance equipment. The proposed project would add 6,002 square feet of area. According to the South Coast Air Quality Management District CEQA Air Quality Handbook, the proposed area would be less than SCAQMD's threshold of significance, therefore the operational impacts is less than significant. Short-term Constructed Related Air Quality Impacts Construction operations associated with the proposed project could potentially result in short-term increases in particulate matter, and to a lesser degree increases in carbon monoxide and ozone. Peak day construction emissions for most pollutants arising from construction of the proposed project would occur during the grading phase, though pollutants are also expected during the vertical construction, exterior finishing and the installation of landscaping improvements and paving. Using the South Coast Air Quality Management District CEQA Air Quality Handbook as a general guideline, the threshold for potentially significant short-term air quality impacts would involve the grading of 1,309,000 square feet of area. The proposed project would require re-grading of 19,810 square feet of lot area only. The amount of grading activities for the proposed project would be considerably less than the threshold of significance outlined in the CEQA Air Quality Handbook. While the construction related emissions associated with the proposed project would not exceed the thresholds established by the SCAQMD, the emissions could be a nuisance to other existing land uses in the nearby vicinity of the project site. To minimize short-term construction related to air impacts within the project area, the following mitigation measures shall be implemented. MM AQ-1 As required by South Coast Air Quality Management District (SCAQMD) Rule 403- Fugitive Dust, all construction activities that are capable of generating fugitive dust are required to implement dust control measures during each phase of project development to reduce the amount of particulate matter entrained in the ambient air. These measures include the following: ^ Application of soil stabilizers to inactive construction areas ^ Quick replacement of ground cover in disturbed areas ^ Watering of exposed surfaces three times daily ^ Covering all stock piles with tarp ^ Sweep streets adjacent to the project site at the end of the day if visible soil material is carried over to adjacent roads ^ Cover or have water applied to the exposed surface of all trucks hauling dirt, sand, soil, or other loose materials prior to leaving the site to prevent dust from impacting the surrounding areas ^ Install wheel washers where vehicles enter and exit unpaved roads onto paved roads to wash off trucks and any equipment leaving the site each trip MM AQ-2 All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 75A-39 Responses to Environmental Checklist For CEQA Compliance MM AQ-3 During grading, the construction disturbance area shall be kept as small as possible. MM AQ-4 Prior to issuance of any grading permit wind barriers shall be installed along the perimeter of the site and/or around areas being graded. Mitigation measure MM AQ-5 would require all construction equipment be maintained in proper tune and be turned off when not in use to reduce vehicular emissions. MM AQ-5 During construction, operators of any gas or diesel fueled equipment, including vehicles, shall be encouraged to turn off equipment if not in use or left idle for more than five minutes. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. Mitigation measure MM AQ-6 would require the use of low-volatile-organic-compound (VOC) paints on all exterior surfaces at the proposed project site. MM AQ-6 The Applicant shall require by contract specifications that the architectural coating (paint and primer) products used would have aloes-VOC rating. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed by the City prior to issuance of a building permit. Finally, objectionable odors are a localized phenomenon and are generally confined to the vicinity of the emitter of the odor. The proposed project is an office land use and would not generate significant long- term operational odors. Construction activities do not usually emit offensive odors. Although construction activities occurring in association with the proposed project could generate airborne odors associated with the operation of construction vehicles (i.e., diesel exhaust) and the application of interior and exterior architectural coatings, these emissions would be temporary in nature, would generally be restricted to the immediate vicinity of the construction site and activity, and would not affect a substantial number of people. Compliance with City of Santa Ana required maintenance and waste management practices would reduce the potential for objectionable odors. The operation of the proposed project would be required to comply with SCAQMD Rule 402 with regard to odors. In general, operational activities associated with land uses similar to the proposed project do not ordinarily emit offensive odors and as such, this impact would be considered less than significant. IV. Biological Resources A. Adversely impact, either directly or through habitat modifications, any endangered, rare or threatened species, as listed on Title 14 of the California Code of Regulations (section 670.2 or 670.5) or in the Title 50, code of Federal Regulations (section 17.11 or 17.12)? B. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? C. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? D. Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? 75A-40 Responses to Environmental Checklist For CEQA Compliance E. Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? F. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? G. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan or other approved local, regional or state habitat conservation plan? No Impact The City of Santa Ana General Plan Land Use Element EIR indicates that Santa Ana is predominantly built-out and that all sizable expanses of undisturbed native vegetation have been eliminated. The site was previously developed with a restaurant and bar constructed in 1970 and demolished in 2004, at which time, the site was cleared of all vegetation. The property does not contain potential for nesting birds, as there are no trees on the site. In addition, the property is surrounded by development and a major roadway. There is no riparian habitat or other sensitive natural community on the proposed site. Finally, there is no adopted Habitat Conservation Plan, Natural Communities Conservation Plan, or other local, regional, or State habitat conservation plan that is applicable to the project site. Approval and implementation of the proposed project will not result in impacts to any on-site biological resource. V. Cultural Resources A. Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register or Historic Resources, or a local register of historic resources? No Impact The proposed project site is vacant and undeveloped. No historical resources have been identified on the site. Therefore, implementation of the proposed project would not result in an adverse change to an historical resource. B. Cause a substantial adverse change in the significance of a unique archaeological resource (i.e., an artifact, object or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person? Less-Than-Significant Impact with Mitigation Incorporated The project site has already been subject to extensive disruption as it was previously developed with a building that has been demolished. As part of the demolition process, the site was excavated to a depth of at least two feet below ground level. Given the prior history of disturbance, it is likely that any archaeological resources that may have existed at one have already been disturbed. Nonetheless, construction activities associated with project implementation could potentially unearth previously undocumented resources and result in a significant impact. If archaeological resources are discovered 7 5A-41 Responses to Environmental Checklist For CEQA Compliance during construction, the Applicant will implement the mitigation measure MM CR-1, which will ensure proper evaluation and treatment of archaeological resources, if found. MM CR-1 In the event that archaeological/paleontological resources are unearthed during project subsurface activities, all earth-disturbing work within a 100-meter radius shall be temporarily suspended or redirected until an Orange County certified archeologist has been provided the opportunity to assess the significance of the find and implement appropriate measures to protect or scientifically remove the find. Construction personnel shall be informed that unauthorized collection of cultural resources is prohibited. If the resource is determined to be significant, the archaeologist or paleontologist, as appropriate, shall prepare a research design for recovery of the resources in consultation with the State Office of Historic Preservation that satisfies the requirements of Section 21083.2 of CEQA. The archaeologist or paleontologist shall complete a report of the excavations and findings and shall submit the report to the City of Santa Ana and to the South Central Coastal Information Center at the California State University at Fullerton. After the find has been appropriately mitigated, work in the area may resume. Compliance with mitigation measure MM CR-1 would ensure that implementation of the proposed project would not result a substantial adverse change in the significance of an archaeological resource, and therefore, potential impacts would be reduced to aless-than-significant level. C. Disturb or destroy a unique paleontological resource or site? Less-Than-Significant Impact with Mitigation Incorporated. The project site has already been subject to extensive disruption as it was previously developed with a building that has been demolished. As part of the demolition process, the site was excavated to a depth of at least two feet below ground level. Any paleontological resources that may have existed at one time have most likely been disturbed. Nonetheless, construction activities associated with project implementation could unearth undocumented resources and result in a potentially significant impact. Implementation of mitigation measure MM CR-1 would reduce any potential impact to a less-than- significant level. D. Disturb any human remains, including those interred outside of formal cemeteries? Less-Than-Significant Impact with Mitigation Incorporated. A Sacred Lands File records search was requested from the Native American Heritage Commission for the project site. The records search failed to indicate the presence of Native American cultural resources in the project area (included as Appendix G [Native American Heritage Commission Letter]). In addition, no formal cemeteries are known to have occupied any portion of the project site. Because the area is underlain by disturbed soils, the presence of human remains is remote. However, if remains are encountered, disturbing these remains could violate Section 5097 of the California Public Resources Code (PRC) and Sections 7050.5, 7051, and 7054 of the California Health and Safety Code (HSC), as well as resulting in the destruction of a potential resource. Implementation of mitigation measure MM CR- 2 would ensure that this potential impact is reduced to aless-than-significant level by ensuring appropriate examination, treatment, and protection of human remains, if any are discovered. MM CR-2 If human remains are unearthed, in accordance with State Health and Safety Code Section 7050.5 the applicant shall require from the construction contractor that no further 75A-42 Responses to Environmental Checklist For CEQA Compliance disturbance will occur until the County coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner shall notify the Native American Heritage Commission (NAHC) of the findings within 24 hours. The NAHC will then contact the most likely descendant of the deceased Native American, who will serve as consultant on how to proceed with the remains. VI. Geology and Soils A-1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo earthquake Fault Zoning Map issued by the State geologist for the area or based on other substantial evidence of a known fault? No Impact According to the City's General Plan Land Use Element EIR, the project site is not located within a current Alquist-Priolo Earthquake Fault Zone. Therefore, the potential for surface rupture due to faulting occurring beneath the site during the design life of the proposed project would be considered low and unlikely to occur. A-2. Strong Seismic Ground shaking? Less Than Significant Impact Although there are no documented active faults projecting towards or transecting the site, the project site is situated within a highly active seismic region of Southern California. A total of 38 active faults have been identified within an approximate 60-mile radius of the project site. The Newport/Inglewood Fault located approximately 13 miles south from the City of Santa Ana is considered to be one of the most dominant faults in regard to potential seismic shaking impacts. The project site could potentially be subject to a maximum credible horizontal ground acceleration of 0.30g from a magnitude 6.9 earthquake along the Newport/Inglewood fault zone. A seismic event of this scale could potentially result in significant damage to the project site. However, the risks at the project site are similar to many other areas in the Southern California region. To minimize potential seismic shaking impacts, the proposed project would be subject to Seismic Safety Standards of the California Building Code. Compliance with the California Building Code would reduce potential impacts associated with seismic shaking activity to a level that would be less than significant. A-3. Seismic-related ground failure, including liquefaction? Less Than Significant Impact Soil liquefaction occurs when loose soil deposits below the water table are subject to large ground accelerations generated from seismic events. According to the City's General Plan Land Use Element EIR, the project site is located in an area that is characterized with high-very high liquefaction hazard potential. To minimize potential liquefaction impacts, the proposed project would be subject to Seismic Shaking Standards of the 2007 California Building Code. Additionally, a soils and geotechnical report is required as part of the plan check review for all new construction. Compliance with the recommendations of the report, including, but not limited to, measures associated with the site preparation, fill placement and compaction, temporary and permanent dewatering, groundwater, soil improvements techniques, seismic design features, excavation stability, soil stabilization, pavements, surface draining, cement type 75A-43 Responses to Environmental Checklist For CEQA Compliance and corrosion measures, erosion control, shoring and internal bracing and plan review are required. Compliance with the 2007 California Building Code would reduce potential liquefaction impacts to a level considered less than significant. A-4. Inundation by seiche, tsunami or mudflow? A-5 Landslides? A-6 Flooding, including flooding as a result of the failure of a levee or dam? A-7 Wildland fires, including where wildfires are adjacent to urbanized areas and where residences are intermixed with wildland? No Impact The project site is flat without any topographical relief. According to the City's General Plan, there are no landslide planes on the project site. Therefore, implementation of the proposed project would not result in adverse impacts in regards to landslides. Additionally, the proposed project would not expose people to a significant risk of loss, injury, or death involving inundation by a tsunami, seiche or mudflow. Impacts by tsunami are associated with proximity to the ocean. The project site is located approximately 11 miles from the Pacific Ocean, which is a sufficient distance to protect the site from such impacts. The closest enclosed bodies of water that could result in an earthquake induced seiche are the Prado Dam located 16 miles northeast of the project site near the City of Corona, and the Santiago Dam located approximately 10 miles east of the project site in Silverado. The Santa Ana River Main Stem Project has implemented flood control improvements to both the Prado Dam and Lower Santa Ana River which has reduced the risk of inundation in the event of a seiche in Prado Dam. Therefore, there would be no impact to the project site as a result of overflow caused by seiche. The project site located on a parcel with limited topographical relief. The project site is not located downhill from any slope of sufficient size to cause mudflows. Finally, there are no wildlands in the immediate vicinity of the proposed project site. Consequently, development of the proposed project would not result in the exposure of people or structures to hazards associated with wildland fires. Therefore, no impact would occur. B. Would the project result in substantial soil erosion or the loss of topsoil? Less than Significant Impact Erosion refers to the removal of soil from exposed bedrock surfaces by water or wind. The effects of erosion are intensified with an increase in slope, the narrowing of runoff channels and by the removal of groundcover, which leaves the soil exposed. Construction operations for the proposed project would require excavation of onsite soils. The uncovered soils on the project site could potentially result in erosion and sedimentation impacts to onsite and offsite drainage facilities absent appropriate measures to limit topsoil losses. All new developments in the City of Santa Ana, including the proposed project, are required to prepare a National Pollution Discharge Elimination System (NPDES) post-construction storm water management plan in accordance the Orange County Drainage Area Management Plan (DAMP) and the city of Santa Ana Local Implementation Plan (LIP) that must include all applicable post construction BMPs for this project. In addition, to the implementation and maintenance of post- construction Best Management Practices (BMPs), erosion would also be controlled by the landscaping proposed for all remaining pervious areas of the project as proposed by the applicant. Compliance with existing State, regional and local regulations, NPDES permit requirements and implementation of SWPPP-specified project-specific BMPs, together with the installation landscape in the post construction phase and on-going maintenance and monitoring of construction and subsequent post-construction BMPs would ensure that the project impacts with respect to topsoil loss and erosion would be less-than- significant. C. Would the project result in the loss of a unique geological feature? 7 5A-44 Responses to Environmental Checklist For CEQA Compliance No Impact According to the City's General Plan Land Use Element EIR the project site does not contain any unique geologic features. Therefore, implementation of the proposed project would not result in adverse impacts to any unique geologic feature. D. Is the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? E. Is the project located on expansive soils creating substantial risks to life and property? Less Than Significant Impact According the City's General Plan Land Use Element EIR, the project site is located on soils that have high/very high shrink /swell potential, high corrosion potential to uncoated steel and low corrosion potential to concrete. The soil conditions on the project site would not provide a constraint that would prevent the development of the proposed project. As part of the City's development review process a geotechnical study is required to be prepared to identify geotechnical design recommendations to ensure the long-term geotechnical stability of the project site as well as the recommendations for site preparation, foundations and overall structural design specific to this project. The report will address the issues of liquefaction, differential settlement, and soils sampling and testing for expansive soils as they apply to the current project and provide recommendations for foundation design which will address any stability or expansive soils issues. Compliance with all the recommendations contained in the report, and compliance with Chapter 33 of the 2007 CBC, project impacts would be reduced to a less than significant level. F. Where sewers are not available for the disposal of wastewater is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? No Impact The City of Santa Ana will provide sanitary sewer services to the proposed project. Accordingly, the project will not use septic tanks or alternative wastewater systems to dispose of wastewater and no impact would occur. VII. Hazards and Hazardous Materials A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving likely release of hazardous materials into the environment? C. Reasonably be anticipated to emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? D. Is the project located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact 75A-45 Responses to Environmental Checklist For CEQA Compliance Approval of the proposed medical office development would have no impact on transport or disposal of hazardous material in that the proposed project would not involve activities that would emit hazardous or acutely hazardous material. Additionally, according to the City of Santa Ana Fire Department and the City's General Plan, the project site is not included on a list of hazardous material sites. Implementation of the proposed project would not create a significant hazard to the public or the environment. E. Is the project located within an airport land use plan or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? F. For a project located within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? G. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? H. Expose people or structures to the risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact The project site is not located within an airport land use plan nor is it located within 2 miles of a public airport or a public use airport nor is it located within the vicinity of a private airstrip. Additionally, the site does not currently, and would not in the future, serve a function in any emergency response or evacuation plan. The proposed driveway access would be constructed per City codes to allow adequate emergency vehicle access. The proposed project would not constrain implementation of the City's existing Emergency Management Plan. Finally, the project and surrounding area are characterized by features typical of the urban landscape. There are no wildlands in the immediate vicinity of the proposed project site. Consequently, development of the proposed project would not result in the exposure of people or structures to hazards associated with wildland fires. Therefore, no impact would occur. VIII. Hydrology and Water Quality A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? E. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run- off? Less Than Significant Impact The City of Santa Ana implements the goals, objectives and requirements of the Basin Plan and Drainage Area Management Plan through the City's Local Implementation Plan (LIP). All construction contractors and subcontractors are required by contract provisions to comply with the conditions of the City's LIP, including the implementation of appropriate BMPs to control storm water runoff so as to prevent any deterioration of water quality. The proposed project is required comply with the requirements of the State NPDES Permit and to prepare a Water Quality Management Plan (WQMP), which would incorporate BMPs and water quality management practices. With full compliance with the WQMP, project impacts to water quality would be less than significant. 75A-46 Responses to Environmental Checklist For CEQA Compliance B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. No Impact The proposed project would not interfere with ground water recharge because the project area is not located in an area that is known to recharge the ground water system. Additionally, construction operations for the proposed project would not encroach onto the underground water basin. No impacts would occur C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on or off-site? D. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on or off-site? Less Than Significant Impact The project site is generally flat and located in an urbanized area currently served by an existing storm drain system. The proposed project will not alter the existing drainage pattern of the site and will connect to the storm drain system as required by the City regulations. As previously noted, erosion or siltation could occur during construction related earthmoving activities. The project would be required to comply with the requirements of the NPDES General Construction permit and project approved SWPPP. During the site grading and construction short-term runoff impacts would be addressed through the incorporation of construction erosion and sediment control and flooding BMPs. Compliance with the permit requirements, the project's construction-related impacts of erosion and/or flooding would less than significant. F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which would impede or redirect flood flows? No Impact The City of Santa Ana is a participant in the National Flood Insurance Program (NFIP). Communities participating in the NFIP must adopt and enforce minimum floodplain management standards, including identification of flood hazards and flood risks. Participation in the NFIP allows communities to purchase low cost insurance protection against losses from flooding. The published Flood Insurance Rate Maps (FIRM) for the project site is included on Community Panel No. 06002320256H. The project site is located entirely in Zone X, which is defined as areas beyond the limits of the 100-year flood and 500-year flood. The project site protected from the 1 percent annual chance flood by a levee constructed above the natural bank of the Santa Ana River to the east of the project site. Since the implementation of the proposed project would not place housing within a mapped flood hazard area, there would be no impact. IX. Land Use and Planning A. Physically divide an established community? C. Conflict with any applicable habitat conservation plan or natural community plan? 75A-47 Responses to Environmental Checklist For CEQA Compliance No Impact The project site is currently vacant, but was previously developed with a commercial development oriented towards an arterial street. The new development will continue the existing development pattern and will not divide existing neighborhoods. The proposed project is located in an urbanized setting and no locally designated species or natural communities are known to exist in the project area. The site is not part of any habitat conservation plan or natural community preservation plan. Therefore, there would be no impact. B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? Less than Significant Impact The existing General Plan land use designation for the proposed project site is Open Space (OS), and the site is zoned North Harbor Specific Plan (SP2), Open Space land use category. Medical offices are not a permitted use in an Open Space zone. A General Plan Amendment (GPA) would be required to re- designate the 0.45 acre site from Open Space to General Commercial. A Zoning Ordinance Amendment to modify the North Harbor Specific Plan would also be required. The modifications to the Specific Plan would include a modification to Figure 3.1 Emphasis zones, to change this property from Open Space land use category to General Commercial land use category. As proposed, the project would be developed with a 6,002 square foot, two story medical building. The Open Space land use category in the SP2 covered existing parks and included this parcel as a potential site for expansion of the existing parks. The City's ability to acquire land and develop it into parkland in the last 15 years since SP2 was adopted has been severely constrained. As mentioned earlier, the project site was previously developed with a restaurant use since the 1970's, which was destroyed by fire in 2004. This site is the only vacant site in the entire block and has resulted in a disruption of the commercial development of Fifth Street. While the proposed project would result in a minor decrease in the City's inventory of open space, it would not be in conflict with land use policies included in the Land Use Element of the City's General Plan. The project would be consistent the following Goals and Policies: _ General Plan Pommies proj~ consrstexy LAND USE ELEMENT Goal 2 Promote land uses which enhance the city's economic and fiscal viability Policy 2.10. Support new development which is harmonious in scale and character with existing development in the area. Proposed development would be designed in a manner which is harmonious in character and scale with existing development in the area. The design of the proposed medical building is contemporary which enhances the commercial corridor, and it is two stories in height, which is in scale with the adjacent commercial building and the single family uses to the north. The proposed project would not conflict with this policy. 75A-48 Responses to Environmental Checklist For CEQA Compliance General Plan Por<cks p~~, Goal 3 Preserve and improve the character and integrity of existing neighborhoods The proposed project will significantly improve the appearance and character of the project site through the installation of landscape, the Policy 3.1 Support development construction of well-designed commercial structure and the provision of which provides a positive a safe parking lot. The proposed development would make a positive contribution to neighborhood contribution the neighborhood in that the location of the parking would character and identity. create an appropriate buffering of the adjacent single family residential uses, while supporting the character and identity of the surrounding neighborhoods. The proposed project would not conflict with this policy. Policy 3.5. Encourage new development and/or additions to As a two story contemporary medical office building, the proposed existing development that are development would be compatible scale and harmonious with the compatible in scale, and consistent architectural style and character of the surrounding neighborhood. The with the architectural style and proposed project would not conflict with this policy. character of the neighborhood. Goal 5 Ensure that the impacts of development are mitigated The proposed project would provide an additional amenity to the Policy 5.1. Promote development community on a site that has remained vacant and underutilized for which has a net community benefit, over five years. By providing a quality development on a previously and enhances the quality of life. vacant site, the proposed project would result in a net community benefit to the City's residents. The proposed project does not conflict with this policy. The proposed project would be located on a parcel of land bounded to the north by single family residential uses and commercial uses to the Policy 5.2. Protect the community east and west. The proposed project would result in a medical building from incompatible land uses. adjacent to the streets and the parking lot to the north creating a buffer between the residential uses and the commercial corridor on Fifth Street. This use is compatible with development surrounding the project site. The project would not conflict with this policy. Policy 5.5. Encourage development which is compatible with, and supportive of surrounding land uses. X. Mineral Resources The proposed project would be located on a parcel of land bounded on the north by single family residential uses and on the east and west by commercial uses. The proposed project would result in a medical building adjacent to the streets and the parking lot to the north creating a buffer between the residential uses and the commercial corridor on Fifth Street. This use is compatible with development surrounding the project site and would support residential uses to the north, and commercial uses to the east and west. The project would not conflict with this policy. A. Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? B. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact 75A-49 Responses to Environmental Checklist For CEQA Compliance According to the City's Updated General Plan Land Use Element EIR, there are no areas in Santa Ana that are designated significant Mineral Aggregate Resource Areas. Therefore, implementation of the proposed project would not result in the loss of any regionally or locally important mineral resource. As the project site does not contain any natural mineral resources, no impact would occur XI. Noise A. Exposure of persons to or generation of noise levels in excess of standards established in local general plan or noise ordinance, or applicable standards of other agencies. D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. Less Than Significant Impact with Mitigation Incorporated The project site is subject to noise standards and guidelines in the General Plan Noise Element and Municipal Code Noise Ordinance. The primary purpose of the City of Santa Ana Noise Element is to "Prevent significant increases in noise levels in the community and minimize the adverse effects of currently-existing noise sources." In accordance with the Noise Element, the City has adopted noise standards and guidelines for land use planning. These guidelines for exterior noise levels are presented in Table N-1. Table N-1 Git Of Santa Ana Land Use Gu idelines For Exterior Noise Land Use Noise Level dBA CNEL or Ldn Desirable Maximum Maximum Acce table Low Densit Residential 55 65 Medium Densit Residential 60 65 Hi h Densit Residential 65 70 Schools 60 70 Commercial, Office 65 75 Industrial 70 75 A significant noise impact would occur if a proposed land uses does not comply with the General Plan noise standards identified in Table N-1, or when a proposed land use results in an 3dB increase to existing noise levels when the existing noise level is at least 65 d6 CNEL.The operation of the proposed project would not significantly increase noise levels within the project site. A significant increase in noise would be a 3dB increase over existing noise levels. Typically, a 3db increase in noise levels occurs when existing traffic volumes are doubled. The proposed project would not double existing traffic volumes within the project area. Therefore, implementation of the proposed project would not result in a 3db increase to existing noise levels within the project area. Implementation of the proposed project would result in short-term construction related noise impacts. Short-term noise impacts would result from site preparation, excavation, grading, and other construction operations. The construction-related short-term noise levels would be higher than the existing or ambient noise levels in the project area today, but would no longer occur once construction of the project is complete. The Municipal Code recognizes that some forms of noise are required for urban development and maintenance and are difficult to control. Section 18-314(e) exempts noise sources associated with 75A-50 Responses to Environmental Checklist For CEQA Compliance construction, repair, remodeling, or grading of any real property, but establishes certain requirements to reduce the temporary impacts of construction noise. These include limiting the construction activity, including all warming up and repair of construction equipment within the project site so that they do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday. To further reduce potential noise impacts on adjacent residences, the following project requirements and mitigation measures shall be implemented as part of the proposed project: MM NOI-1 The Applicant shall require by contract specifications that the following construction best management practices (BMPs) be implemented by contractors to reduce construction noise levels: ^ Notification shall be mailed to owners and occupants of all developed land uses immediately bordering or directly across the street from the project site area providing a schedule for major construction activities that will occur through the duration of the construction period. In addition, the notification will include the identification and contact number for a community liaison and designated construction manager that would be available on site to monitor construction activities. The construction manager will be located at the on-site construction office during construction hours for the duration of all construction activities. Contract information for the community liaison and construction manager will be located at the construction office, City Hall, and the police department. ^ Ensure that construction equipment is properly muffled according to industry standards. ^ Place noise-generating construction equipment and locate construction staging areas away from the adjacent residential uses. ^ Implement noise attenuation measures to the extent feasible, which may include, but are not limited to, noise barriers or noise blankets. MM NOI-2 The Applicant shall require by contract specifications that construction staging areas, along with the operation of earthmoving equipment within the project site, are located as far away from vibration- and noise-sensitive sites as possible. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed and approved by the City. MM NOI-3 The Applicant shall require by contract specification that construction activities generating the loudest noise levels (e.g. site grading) shall not occur prior to 9:00 A.M. or after 5:00 P.nn. Monday through Friday. Further, such activities shall be prohibited on Saturdays, Sundays and federal holidays. MM NOI-4 The Applicant shall require by contract specifications that no delivery of materials or maintenance of equipment shall occur at the project site after 6:00 F.M. on weekdays and Saturdays, before 7:00 A.M. on weekdays and Saturdays, and at no time on Sundays. Pursuant to mitigation measure MM NOI-1, the implementation of noise attenuation measures may include the use of noise barriers (e.g., sound walls) or noise blankets. As a general rule, a sound wall is able to reduce noise by 5 dBA. In addition, mitigation measure MM NOI-2 requires location of construction staging areas and earthmoving equipment as far away from noise and vibration-sensitive land uses as possible to reduce construction-related noise levels. Additionally, implementation of MM NOI-3 would require that the construction contractor limit the loudest construction activities to occur 75A-51 Responses to Environmental Checklist For CEQA Compliance between the hours of 9:00 A.M. and 5:00 P.M. to reduce construction noise during times when sensitive receptors would be most sensitive to elevated noise levels. Implementation of MM NOI-1, MM NOI-2, MM NOI-3, and MM NOI-4 would ensure compliance with the City's Noise Ordinance for construction activity and reduce, to the extent feasible, impacts associated with construction activities resulting from implementation of the proposed project to aless-than-significant level. B. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels. C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. Less than Significant Impact The construction of the proposed project would involve conventional construction equipment, that generates vibration velocity not generally exceeding the threshold of perception resulting in less than significant ground borne vibration impacts. During operation of the proposed project, background operational vibration levels would be expected to average around 50 Vd6, which is typical of an urban environment. This is substantially less than the FTA's vibration impact threshold of 85 VdB for human annoyance. Groundborne vibration resulting from operation of the proposed project would primarily be generated by automobiles entering and leaving the site, occasional truck deliveries, and trash removal. No substantial sources of groundborne vibration would be included in the design of the proposed project. Therefore, operation of the proposed project would not expose sensitive receptors on-site or off-site to excessive groundborne vibration or groundborne noise levels. Aless-than-significant impact would occur. E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? F. For a project located within the vicinity of an airstrip, would the project expose people residing or working in the project area to excessive noise levels? No impact There are no private or public airports in the City of Santa Ana; however, John Wayne International Airport is located one-mile southwest of city limits. The proposed project is not located within atwo-mile radius of the airport or airstrip. According to the Santa Ana General Plan Draft Environmental Impact Report, no area of the City of Santa Ana is within the noise impact area or 65 CNEL of John Wayne International Airport. Therefore, people residing or working in the project area will not be exposed to excessive noise levels. No impact is anticipated. XII. Population and Housing A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 75A-52 Responses to Environmental Checklist For CEQA Compliance No Impact The proposed project would replace a previous commercial with another commercial use. Implementation of the proposed project would not increase the population within the project area or displace existing households within the project area, as there are no residential units or residents on the project site. Therefore, no impacts would occur XIII. Public Services Fire Protection: Less than Significant Impact The City of Santa Ana Fire Department will provide fire protection and emergency services to the project site. The City maintains ten fire stations throughout the City. The stations are situated where no location in the City is outside of an approximate 1.5 radius of a fire station. Additionally, the City maintains a Mutual Aid Agreement for fire protection services with the neighboring Cities of Fountain Valley, Garden Grove, Tustin, Irvine and Costa Mesa. According to the City of Santa Ana Insurance Service Organization, the City has a low fire risk rating. Fire Station No. 8 located at 501 North Newhope is the closest fire station to the project site. According to the Santa Ana Fire Department, implementation of the proposed project would not increase the demand for fire protection services over current levels of demand within the project area and that under existing levels of manpower and equipment the Fire Department would be able to provide an adequate level of service. Police Protection: Less than Significant Impact The Santa Ana Police Department would provide police protection services for the proposed project. Implementation of the proposed project would not significantly increase the demand for police protection services. The Police Department has under existing levels of manpower and equipment; they would have the ability to provide adequate police protection services for the proposed project. Through the City's development review process, the Police Department has reviewed the proposed project for adequate police protection facilities and services. Compliance with Police Department's requirements would reduce potential police protection impacts to a level considered less than significant. Schools, Parks and Other facilities: No Impact The proposed project involves the construction of a medical office building. Implementation of the proposed project would not generate demand for additional school services above the current conditions, No adverse impacts to schools or other public services would occur. Additionally, the implementation of the proposed project would not increase demands for existing recreation facilities or generate the demand for additional recreation facilities. XIV. Recreation A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. 75A-53 Responses to Environmental Checklist For CEQA Compliance No Impact The proposed project is the construction of a medical office building. Implementation of the proposed project would not generate additional demands on existing recreation facilities or require the construction of new recreation facilities. No adverse impacts to recreation services and facilities would occur. XV. Transportation/Traffic A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less than Significant Impact The City's Public Works Agency, Traffic and Transportation Engineering Section has reviewed this project for its potential traffic impacts. Based on their review, the implementation of the proposed project would not significantly increase the number of vehicle trips in the project area. Table B below shows the increase in traffic associated with the proposed square footage. Implementation of the proposed project is not expected to change the level of service at any roadway segment or intersection within the project area. Table B SUMMARY OF PROJECT TRIP GENERATION Tri Generation Rates Pro' ect Tri Generation A M P M AM P M Land Use Unit Quantity SF Dail In Out In Out Dail In Out In Out Medical-Dental Office Buildin KSF 6,080 36.13 1.96 0.52 1.00 2.72 220 12 3 6 17 C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact There are no public or private airports in the City of Santa Ana; however, John Wayne International Airport is located one-mile southwest of city limits. The proposed project is not located within atwo-mile radius of any airport or airstrips and does not include any structures of substantial height which might interfere with an existing airspace or flight pattern. The maximum height of the proposed building is 31 feet. No impact would occur. D. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact 75A-54 Responses to Environmental Checklist For CEQA Compliance Implementation of the proposed project would not require any roadway or intersection improvements that would pose safety hazards to pedestrians or motorist in the project area. E. Result in inadequate emergency access No Impact As part of the City's development review process, the proposed project was reviewed by the Police Department and the Fire Department to ensure adequate emergency access. No adverse emergency access impacts would be associated with the proposed project. F. Result in inadequate parking capacity No Impact The project's parking requirement, based on the City of Santa Ana parking code is 36 parking stalls. The project would provide 36 parking stalls; therefore the project complies with the City's parking requirement. No adverse parking impacts would be associated with the proposed project. G. Conflict with adopted policies supporting alternative transportation No Impact The proposed project would not be in conflict with any City policies regarding alternative modes of transportation. Nor would implementation of the proposed project displace any existing modes of public transportation provided within the project area. XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments. No Impact The Orange County Sanitation District (OCSD) is responsible for collecting, treating, and disposing of the wastewater generated by 2.5 million people living in a 470 square-mile area of central and northwest Orange County. The wastewater generated in the project area is transported to, and treated at, OCSD's Reclamation Plant No. 1, in the City of Fountain Valley. This plant has a design capacity of 180 million gallons per day (mgd). If Plant No. 1 is operating at capacity, sewage is diverted to Treatment Plant No. 2 75A-55 Responses to Environmental Checklist For CEQA Compliance in Huntington Beach. As such, OCSD regulates wastewater treatment for the City of Santa Ana. The proposed project would be required to provide sewer connection fees with the city and the OCSD. The proposed project will not cause any violation of those standards set forth by the OCSD. The City of Santa Ana and OCSD would provide wastewater service to the proposed project. The project area is currently improved with wastewater sewer facilities. Implementation of the project would not increase wastewater demands in the project area over the last approved use on the site. The wastewater demands of the project would be accounted for in the City's Urban Water Management Plan. Additionally, implementation of the project would not increase the amount of surface water runoff currently generated from the project site. The project would not require the construction of new drainage facilities. The City of Santa Ana Water Department would provide domestic water service for the proposed project. Implementation of the proposed project would not increase water demand within the project area over the last approved use on the site. Because this site had a previous commercial use developed, the water demands for a commercial use are accounted for in the City's Urban Water Management Plan. F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? Less Than Significant Impact The City of Santa Ana would provide solid waste collection services to the project site. Solid waste is transported to the Environmental Service transfer station in Irvine, and then taken to the Bowerman Landfill. The Bowerman Landfill is permitted to accept 8,500 tons per day and is anticipated to close in year 2024. The California Integrated Waste Management Act of 1989 (AB 939) mandates all cities and counties in California to divert fifty percent of solid waste generated from landfill disposal. As part of the General Plan, the City of Santa Ana has prepared a Source Reduction and Recycling Element, which describe how the City complies with the mandates of AB 939. In order to comply with the requirements of AB 939, the City has implemented several waste reduction programs including green waste programs, source reduction programs, and recycling programs. The proposed project would not significantly increase the demand for solid waste disposal. Compliance with the City's recycling program would reduce long-term solid waste disposal service impacts to a level considered less than significant. XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Less-Than-Significant Impact with Mitigation Incorporated. The proposed project site is currently undeveloped, however, the site has been heavily disturbed in the past with a previous development and its subsequent demolition and re-compacting of the soil. 75A-56 Responses to Environmental Checklist For CEQA Compliance Implementation of the proposed project would not substantially reduce habitat of fish or wildlife species in that there are no fish, wildlife populations or cultural resources known to exist on the project site. Although the possibility exists for archaeological resources, paleontological resources, or human remains to be uncovered during excavation and grading activities, the project includes mitigation measures as part of implementation that would reduce any potential impacts associated with the discovery of any unexpected cultural resources that may still remain. As a result, impacts related to this threshold would be less than significant, and no additional mitigation measures other than those already identified are required. B. Does the project have impacts that are individually limited but cumulatively considerable? Less-Than-Significant Impact The proposed project would not make a cumulatively considerable contribution to cumulative impacts. Those threshold areas where the proposed project would have aless-than-significant impact are specific to the specific project site conditions and the type of use proposed; these impacts do not combine with impacts from other projects to cause a cumulative effect. C. Does the project have environmental effects, which will cause substantial adverse effects on human beings either directly or indirectly? Less than Significant Impact with Mitigation Incorporated Construction and operation of the proposed project would not involve any activities that would cause substantial adverse effects on human beings, either directly or indirectly. Mitigation measures have been identified to reduce potential impacts to the environment and human beings to a level considered less than significant. No additional mitigation measures beyond those identified are required. XVIII. References City of Santa Ana Updated General Plan Land Use Element February 1998. City of Santa Ana Updated General Plan Land Use Element Environmental Impact, January, 1998, SCH 97071058 City of Santa Ana Zoning Ordinance, December 1998 City of Santa Ana Urban Design Element, July 6, 1998 City Santa Ana Local Register of Historic Structures National Register of Historic Structures Flood Insurance Rate Map Community Panel No. 060023202564H City of Santa Ana Development Review Committee, September 2008 California Environmental Quality Act Statues and Guidelines, January 1999 Site Visit by Lucy Linnaus, Senior Planner, September 2008 75A-57 Responses to Environmental Checklist For CEQA Compliance Integrated Waste Management Solid Waste Generation Rate City of Santa Ana 2000 Urban Water Management Plan XX. PREPARERS Lucy Linnaus, City of Santa Ana, Senior Planner Shahir Gobran, City of Santa Ana, Senior Transportation Analyst 75A-58 MEDICAL OFFICE BUILDING ENVIRONMENTAL REVIEW NO. 2006-142 Compliance MITIGATION MEASURE AGENCY APPROVAL Prior to issuance of Gradin Permit and durin cons truction MM AQ-1 As required by South Coast Air Quality Management District Public Works (SCAQMD) Rule 403-Fugitive Dust, all construction activities that are capable of generating fugitive dust are required to implement dust control measures during each phase of project development to reduce the amount of particulate matter entrained in the ambient air. These measures include the following: ^ Application of soil stabilizers to inactive construction areas ^ Quick replacement of ground cover in disturbed areas ^ Watering of exposed surfaces three times daily ^ Covering all stock piles with tarp ^ Sweep streets adjacent to the project site at the end of the day if visible soil material is carried over to adjacent roads ^ Cover or have water applied to the exposed sun`ace of all trucks hauling dirt, sand, soil, or other loose materials prior to leaving the site to prevent dust from impacting the surrounding areas ^ Install wheel washers where vehicles enter and exit unpaved roads onto paved roads to wash off trucks and any equipment leaving the site each trip. MM AQ-2 All clearing and earthwork activities shall cease during period Public Works of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. MM AQ-3 During grading, the construction disturbance area shall be Public Works kept as small as possible. MM AQ-4 Prior to issuance of any grading permit wind barriers shall be Public Works installed along the perimeter of the site and/or around areas being graded. MM AQ-5 During construction, operators of any gas or diesel fueled Public Works equipment, including vehicles, shall be encouraged to turn off equipment if not in use or left idle for more than five minutes. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. MM CR-1 In the event that archaeological/paleontological resources are Planning unearthed during project subsurface activities, all earth- Division disturbing work within a 100-meter radius shall be temporarily suspended or redirected until an Orange County certified archeolo ist has been rovided the o ortunit to assess the Mitigation Monitoring 75A-59 Mitigation Monitoring Plan For CEQA Compliance significance of the find and implement appropriate measures to protect or scientifically remove the find. Construction personnel shall be informed that unauthorized collection of cultural resources is prohibited. If the resource is determined to be significant, the archaeologist or paleontologist, as appropriate, shall prepare a research design for recovery of the resources in consultation with the State Office of Historic Preservation that satisfies the requirements of Section 21083.2 of CEQA. The archaeologist or paleontologist shall complete a report of the excavations and findings and shall submit the report to the City of Santa Ana and to the South Central Coastal Information Center at the California State University at Fullerton. After the find has been appropriately mitigated, work in the area may resume. MM CR-2 If human remains are unearthed, in accordance with State Planning Health and Safety Code Section 7050.5 the applicant shall Division require from the construction contractor that no further disturbance will occur until the County coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner shall notify the Native American Heritage Commission (NAHC) of the findings within 24 hours. The NAHC will then contact the most likely descendant of the deceased Native American, who will serve as consultant on how to proceed with the remains. MM NOI-1 The applicant shall require by contract specifications that the Public Works following construction best management practices (BMPs) be implemented by contractors to reduce construction noise levels: ^ Notification shall be mailed to owners and occupants of all developed land uses immediately bordering or directly across the street from the project site area providing a schedule for major construction activities that will occur through the duration of the construction period. In addition, the notification will include the identification and contact number for a community liaison and designated construction manager that would be available on site to monitor construction activities. The construction manager will be located at the on-site construction office during construction hours for the duration of all construction activities. Contract information for the community liaison and construction manager will be located at the construction office, City Hall, and the police department. ^ Ensure that construction equipment is properly muffled according to industry standards. ^ Place noise-generating construction equipment and locate construction staging areas away from the 75A-60 Mitigation Monitoring Plan For CEQA Compliance adjacent residential uses. ^ Implement noise attenuation measures to the extent feasible, which may include, but are not limited to, noise barriers or noise blankets. MM NOI-2 The applicant shall require by contract specifications that construction staging areas, along with the operation of Public Works earthmoving equipment within the project site, are located as far away from vibration- and noise-sensitive sites as possible. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed and approved by the City. MM NOI-3 The applicant shall require by contract specification that construction activities generating the loudest noise levels Public Works (e.g. site grading) shall not occur prior to 9:00 a.nn. or after 5:00 P.M. Monday through Friday. Further, such activities shall be prohibited on Saturdays, Sundays and federal holidays. MM NOI-4 The applicant shall require by contract specifications that no Public Works delivery of materials or maintenance of equipment shall occur at the project site after 6:00 P.M. on weekdays and Saturdays, before 7:00 A.M. on weekdays and Saturdays, and at no time on Sundays. Prior to the issuance of the Buildin Permit MM AQ-6 The Applicant shall require by contract specifications that the Building architectural coating (paint and primer) products used would Division have a low-VOC rating. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed by the City prior to issuance of a building permit. 75A-61 75A-62 KO- 5/12/09 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM (ENVIRONMENTAL REVIEW NO. 2006-142) AND AMENDING THE GENERAL PLAN OF THE CITY OF SANTA ANA TO MODIFY THE LAND USE ELEMENT (GPA NO. 2007-03) 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 Applicant is requesting adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-142, General Plan Amendment No. 2007-03, and Zoning Ordinance Amendment No. 2009-02 to allow the construction of a medical office building to be located at 3417 West Fifth Street within the North Harbor Specific Plan (SP2). B. On April 14, 2009, the Planning Commission held a duly noticed public hearing and voted by a vote of 5:0 (Alderete abstained, Gartner absent) to recommend that the City Council: 1. Approve and adopt Mitigated Negative Declaration and Mitigation Monitoring Plan, Environmental Review No. 2006-142. 2. Adopt a resolution approving General Plan Amendment No. 2007- 03. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009-02. C. On May 18, 2009, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. D. General Plan Amendment No. 2007-03 has been filed with the City of Santa Ana to modify the Land Use Element to change the property located at 3417 West Fifth Street from Open Space (OS) to General Commercial Resolution No. 2009-XXX 75A-63 Page 1 of 4 (GC). E. The Council finds that General Plan Amendment No. 2007-03 is consistent with the General Plan, including but not limited to its policies and goals of: 1. Promote land uses which enhance the City's economic and fiscal viability. Land Use Element Goal No. 2.0. 2. Support new development which is harmonious in scale and character with existing development in the area. Land Use Element Policy No. 2.10. 3. Preserve and improve the character and integrity of existing neighborhoods. Land Use Element Goal No. 3.0. 4. Support development which provides a positive contribution to neighborhood character and identity. Land Use Element Policy No. 3.1. 5. Encourage new development and/or additions to existing development that is compatible in scale, and consistent with the architectural style and character of the neighborhood. Land Use Element Policy No. 3.5. 6. Ensure that the impacts of development are mitigated. Land Use Element Goal No. 5.0. 7. Promote development which has a net community benefit, and enhances the quality of life. Land Use Element Policy No. 5.1. 8. Protect the community from incompatible land uses. Land Use Element Policy No. 5.2. 9. Encourage development which is compatible with, and supportive of surrounding land uses. Land Use Element Policy No. 5.5 F. The Council finds that the City's general plan is designed, as it must be, to accommodate a wide range of competing interests -including those of developers, neighborhoods and homeowners, prospective homebuyers, environmentalists, current and prospective business owners, jobseekers, taxpayers, and providers and recipients of all types of city-provided services -and to present a clear and comprehensive set of principles to guide development decisions. The City's general plan sets forth these guiding principles. Once in place, it is the province of this Council to examine the specifics of a proposed project to determine whether it would be in harmony with the policies stated in the general plan. Resolution No. 2009-XXX Page 2 of 4 75A-64 G. The City Council has weighed and balanced the general plan's policies, both new and old, and has determined that based upon this balancing that General Plan Amendment No. 2007-03 is consistent with the purpose of the general plan. H. Zoning Ordinance Amendment No. 2007-03 also came before the City Council on May 18, 2009 for public hearing. This resolution incorporates by reference, as though fully set forth herein, the ordinance in support of this resolution and the findings made herein. Section 2. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program for Environmental Review No. 2006-142 prepared with respect to this Project. It is determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigated negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment with the implementation of the mitigation measures. The City Council hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. The City Council hereby, approves General Plan Amendment No. 2007-03. The pages changed in the Land Use Element (Exhibit A) are attached hereto and incorporated herein by this reference as though fully set forth. 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 May 18, 2009 and exhibits attached thereto and the public testimony written and oral, all of which are incorporated herein by this reference. Section 4. This resolution shall not be effective unless and until Ordinance No. NS- becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 5. The City Council expressly reserves the right to modify, amend or repeal this resolution at any time by adoption of a subsequent resolution. Section 6. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2009-XXX 75A-65 Page 3 of 4 ADOPTED this day of 2009. 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. 2009-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on . Date: Resolution No. 2009-XXX Page 4 of 4 Clerk of the Council City of Santa Ana 75A-66 LAND USE ELEMENT SANTA ANA GENERAL PLAN City of Santa Ana Planning Division Adopted February 2, 1998 The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by Santa Ana City Council February 2, 1998 (GPA 1997-05): GPA 2007-03 (May 18, 2009), GPA 2004-03 (February 2, 2009), GPA 2008-01 (May 5, 2008), GPA 2007-02 (June 18, 2007), GPA 2007-01 (March 19, 2007), GPA 2006-0 i (October 2, 2006), GPA 2005-01 (December 5, 2005), GPA 2005-02 (October i7, 2005), GPA 2004-01 (April 5, 2005, as passed by the voters of Santa Ana), GPA 2004-04 (July 19, 2004), GPA 2004-06 (July 6, 2004), GPA 2003-02 (June 16, 2003), GPA 2003-01 (February 18, 2003), GPA 2002-01 (September 3, 2002), GPA 2002-03 (August 19, 2002), GPA 2001-03 (February 19, 2002), GPA 2001-02 (January 7, 2002), GPA 2000-09 (May 7, 2001), GPA 2000-08 (February 5, 2001), GPA 2000-03 (December 4, 2000), GPA 2000-02 (November 20, 2000), GPA 1999-02 (October i8, 1999), GPA 1999-0> (August 16, 1999), GPA 1998-04 (October 5, 1998), GPA 1998-05 (September 21, 1998), GPA 1998-01 (May 4, 1998). 75A-67 `w a ~ ~ ~ (~ Y a C _ ~ v O m L~ °- - ~ a ~ ,~ ~ ~ W € ~ c N _ ~ ~ g L' c' 1p, v c ~ a >. ~ ~ ~ .~ ~ a g ~ ~ ~ '^ f E Y ° ^ ^ o ^ c ~ ~ o ~ ~ ~ a , D o J $~ p N J f~ ~ 'N ~~~ '~ v c c~~ 0 0 J -~ ~ f f a? Y'J ~ ~ O ~ a p J oo a~ -~o~~o~ tz ~ 75A-68 N N O m ~ N R V ~ N p N ~ 0 0 O O O O m ~ Yi n ~I \ '^ ~ !' ,,~~(( V/ W o; ~ ~ m ~ (n ~ Q 6 S ~° ~ ° ^g, ~ ~.L O ~ W N o a a g > ° ° ~ v/ ~ 0 m m ~ E _ - _ om ~ ° v ~ N ~ ~ ~ ~ ~ ~ a ~ ' w~ °j m G ~ ~ o `6 cq g °' ` ~ ~ s 5 ~ ~ m a~ F Ema '¢ ¢o~m¢>~ N d man ~= =mc~_mwoso_a ¢` mod' °'~~~ ~u`~ m ~~m~ ~c' f E o J .~~- o g ~ ~ ~ ~ • J \ u ~ d ° ,,, ~ ~- o uc ~ - a~mEO i` i° Uiw w -' + '1: ~ yg m o o a ~ o c w a C 3c 3~ ~ in o m z» >o^~e~~~8ys ~ ~ ~ f f ~n J, ~o~~mdNNrv ~d~~o~mm~~~~~ fz-~ i .~ .~~ 75A-69 LAND USE ELEMENT office corridor between the Santa Ana (I-5) and Costa Mesa (SR-55) Freeways serves this purpose. In addition, the orderly, well-maintained quality of existing development supports a continuation of these areas as functional office/employment centers. The Professional and Administrative Office designation includes a range of floor area ratios to differentiate development intensity and character in relation to adjacent land uses. The areas with a FAR of 0.5 are not major office centers, but rather have an established character of lower intensity garden office and professional service uses. These areas are typically adjacent to low density residential neighborhoods, or are converted residential office uses. Office development along East Fourth Street, between Grand Avenue and the Santa Ana Freeway, is typical of this low-rise office character. The PAO area located adjacent to the Civic Center contains a range of office development intensity which supports the City's functional role as the government center of the County. The types of uses typically located in the PAO district include the following: Professional and administrative offices/office parks; • Service activities such as copy centers, courier services, travel agencies, and restaurants when such uses are an integral component of a planned office development; and • Professional uses such as accountants, attorneys, doctors, engineers, and insurance brokers. General Commercial Districts The General Commercial district (GC) applies to commercial corridors in Santa Ana including those located along Main Street, Seventeenth Street, Harbor Boulevard, and other major arterial roadways in the City. The intensity standard applicable to this designation is a floor area ratio of 0.5 -1.0, though most General Commercial districts have a FAR of 0.5. A total of 1,114.1 acres of land is included in this designation. General Commercial districts are key components in the economic development of the City. They provide highly visible and accessible commercial development along the City's arterial transportation corridors. In addition, General Commercial land uses provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment, and education. The districts also provide support facilities and services for industrial areas including office and retail, restaurants and various other services. A-19 Revised (May 18, 2009) 75A-70 LAND USE ELEMENT Industrial The Industrial designation applies to those areas developed with manufacturing and industrial uses. The designation applies to areas which are predominantly industrial in character, and includes those industrial districts in the southwestern, south central and southeastern sections of the City. A total of 2,280.9 acres of land in the City is designated as Industrial. The maximum floor area ratio for this designation is 0.45. The Industrial districts of the City are vital to its economic health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic development. As one of the County's oldest cities, Santa Ana has long been an industrial center for the region. The City's goal is to maintain this strong industrial base by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include the following: • Light and heavy product manufacturing and assembly; and • Commercial uses which are ancillary to industrial uses in the district. Institutional The Institutional designation includes the Civic Center, other governmental facilities, City facilities and public institutions such as schools, etc. Only public properties of approximately five acres or more are designated as Institutional. The maximum applicable floor area ratio standard for this designation is 0.5. The 0.5 FAR is used as a guideline since most development in this designation are State, federal, and local governmental facilities that are not subject to local development regulations. A total of 812.6 acres of land is included in this designation. Open Space The Open Space designation is applied to parks, water channels, cemeteries and other open space uses. A total of 1,018.5 acres are included in this land use designation. Of this total, 375 acres of public park land is included in this land use designation. Revised (May 18, 2009) A-23 75A-71 LAND USE ELEMENT Table A-4 indicates the development possible under the build-out of the Land Use Plan. The build-out for residential land uses considered two scenarios. Effective build-out for residential development is calculated by adding the 3,232 units possible in the areas designated as District Center to the existing 74,588 units presently found in the City. Theoretical build-out for residential development considered the development possible if all of the areas designated as residential were developed according to the permitted Land Use Plan intensities. Since the Land Use Element does not contemplate the elimination of existing housing in the City, the effective build-out figure represents a more realistic estimate of future residential development. As indicated in Table A-4, four of the non-residential land use designations have a range in FAR intensities. For the non-residential land use designations, effective build-out considered the development possible under the lower range of FAR intensities while theoretical build-out considered the upper FAR range. Typically, parking and landscaping requirements will result in significantly less floor area for commercial and industrial developments than that which is permitted under the General Plan. As indicated in Table A-4, between 68,498 to 77,820 housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical build- out scenario are a reflection of the higher density multiple-family developments constructed in the 1970's and 1980's. However, the purpose of the Land Use Plan as it applies to the residential areas is to preserve and maintain the stability of existing neighborhoods, regardless of the character of development. The intent of the Plan is not to create any displacement, nor decrease existing development densities. Rather, it is to ensure a safe, healthy, and livable environment for City residents. Existing residential development entitlements are protected through this Land Use Element, applicable Zoning regulations, and sections of the City code pertaining to legal nonconforming uses. The Land Use Element's implementation may result in an increase in the amount of commercial, office, and industrial development in the City. As indicated in Table A-4 up to 52,423,126 square feet of commercial and office development, and 44,891,128 square feet of industrial development are possible under the effective capacity parameters of Land Use Plan. Revised (May 18, 2009) A-30 75A-72 Amended Table A-4 Land Use Plan Build-out Capacities Intensity/Density Effective Theoretical Land Use Acres Standards Build-out, Build-out Mixed Use2 103.5 ac FAR 3.0 Metro East Residential DC 5,551 d.u. SubTotal 5,551 d.u. Metro East Commercial DC 3,245,185 s.f. 3,245,185 s.f. SubTotal 3,245,185 s.f. 3,245,185 s.f. Residential Low Density Residential LR-7 6,474.4 ac. 7 d.u./ac 45,321 d.u. Low Medium Density Residential LMR-11 443.1 ac. 11 d.u./ac 4,875 d.u. Medium Density Residential MR-15 413.2 ac. 15 d.u./ac 6,198 d.u. Residential/Industrial3 R/1-15 9.2 ac. 15 d.u./ac 138 d.u. District Center4 DC 35.9 ac. 90 d.u./ac 3,232 d.u. SubTotal 7,366.5 ac. 77,820 d.u., 59,661 d.u. Commercial Professional & Admin. Office PAO 621.5 ac. FAR 0.5-1.0 13,536,270 s.f. 27,072,540 s.f. General Commercial GC 1,114.1 ac. FAR 0.5-1.0 24,264,331 s.f. 48,528,662 s.f. District Centera DC 323.2 ac. FAR 1.0-2.0 14,079,332 s.f. 28,158,665 s.f. One Broadway Plaza District Ctrs OBPDC 4.3 ac. FAR 2.9 543.193 s.f. 543.193 s.f. SubTotal 2,063.1 ac. 52,423,126 s.f. 104,303,060 s.f. Industrial Industrial IND 2,280.9 ac. FAR 0.45 44,710,202 s.f. 44,710,202 s.f. Residential/Industrial3 R/I-15 18.5 ac. FAR 0.45 180,926 s.f. 180.926 s.f. SubTotal 2,290.1 ac. 44,891,128 s.f. 44,891,128 s.f. Other Institutionals INS 812.6 ac. FAR 0.2-0.5 7,079,023 s.f. 17,697,557 s.f. Open Space OS 1,018.5 ac. FAR 0.2 8,873,172 s.f. 8,873.172 s.f. SubTotal 1,831.1 ac. 15,952,145 s.f. 26,570,729 s.f. Notes: Effective capacity for non-residential development assumes development possible under the Center. Residential effective capacity was calculated by adding the 8,783 units possible in the lower range of FAR intensity standards with the exception of the Metro East District District Center with the existing 74,588 (Census 2000) housing units The Metro East District Center allows a range of inte standards. . nsity for mixture of residential and commercial development based on the Metro East Mixed Use Overlay Zone development ,Land use designation permits both residential and development. industrial development. Build-out assu med 50% of the land area wi ll be developed as residen tial and 50% as industrial aLand use designation permits both residential and commercial development. Build-out assumes 90 % of and area will be developed as commercial and residential. FAR -floor area ratio, d.u. -dwelling units, s.f. -square feet (of floor area). Acreage shown in table does not include roads in ri ht-of-wa 10 % will be developed as SEffective capacity assumes FAR of 0.2 g y. 6Land use designation permits high intensity office development with ancillary retail use. This table has been revised to correspond with the GlS Land Use Map illustrated in Exhibit 2. Revised (May 18, 2009) A-31 75A-73 75A-74 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE NORTH HARBOR SPECIFIC PLAN (SP2) ZONING DISTRICT TO REZONE THE PROPERTY LOCATED AT 3417 WEST FIFTH STREET FROM OPEN SPACE TO GENERAL COMMERCIAL (ZOA NO. 2009-02) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The North Harbor Specific Plan (SP-2) was created in June 20, 1994. B. The Applicant is requesting adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-142, General Plan Amendment No. 2007-03, and Zoning Ordinance Amendment No. 2009-02 to allow the construction of a medical office building to be located at 3417 West Fifth Street within the North Harbor Specific Plan (SP2). C. On April 14, 2009, the Planning Commission held a duly noticed public hearing and voted by a vote of 5:0 (Alderete abstained, Gartner absent) to recommend that the City Council: 1. Approve and adopt Mitigated Negative Declaration and Mitigation Monitoring Plan, Environmental Review No. 2006-142. 2. Adopt a resolution approving General Plan Amendment No. 2007- 03. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009-02. D. On May 18, 2009, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. E. Zoning Ordinance Amendment No. 2009-02 has been filed to rezone the property located at 3417 West Fifth Street which is located within the North Harbor Specific Plan (SP2) from its current zoning of Open Space (OS) to General Commercial (GC). A. Mitigated Negative Declaration and Mitigation Monitoring Plan, Environmental Review No. 2006-142, came before the City Council on May 18, 2009, and was approved and adopted by resolution at that meeting. This ordinance incorporates by reference, as though fully set forth herein, the resolution and said Mitigated Negative Declaration and Mitigation 75A-75 Monitoring Program in support of this ordinance. Section 3. Attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein is the modification to the North Harbor Specific Plan (SP2) which rezones the property located at 3417 West Fifth Street from its current zoning of Open Space (OS) to General Commercial (GC). Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this day of , 2009. 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 75A-76 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A-77 ~- ~; ~~pcation l~s~ ; NORTH HARBOR SPECIFIC PLAN City of Santa Ana Submitted By: Planning and Building Agency GPA 92-7/AA 1061/SP2 The following is a chronology of the approved zoning ordinance amendments that have been incorporated into this document since it was adopted by Santa Ana City Council on May 16, 1994: 75A-78 ZOA 2000-02 (May 15, 2000, NS-2428); ZOA 2007-02 (August 6, 2007, NS-2756); ZOA 2008-02 (October 6, 2008, NS-2773) and ZOA 2009-02 ( - NS- ). Exhibit A 75A-79 NORTH HARBOR SPECIFIC PLAN Figure 3.1 North Harbor Specific Plan F.m phasis Zones 75d-80 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 18, 2009 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO . 2 0 0 9- 04 , AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2005-02, CONDITIONAL USE PERMIT NO. 2009-08 AND VARIANCE NO. 2009-02 TO ALLOW THE CONSTRUCTION OF A COURTYARD BY MARRIOTT HOTEL AT 6 EAST MACARTHUR PLACE - NEXUS DEVELOPMENT CORPORATION, APPLICANT A' ~~ _ ~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Staff recommended that the Planning Commission: 1. Adopt a resolution approving the Addendum to the Final Environmental Impact Report No. 2004-02 and approve the mitigation monitoring program. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009-04. 3. Adopt an ordinance approving the Amendment to Development Agreement No. 2005-02. 4. Adopt a resolution approving Conditional Use Permit No. 2009-08 as conditioned. 5. Adopt a resolution approving Variance No. 2009-02 as conditioned. PLANNING COMMISSION ACTION With one commissioner (Gartner) absent, the Planning Commission at its April 13, 2009, meeting split 3:3 on this project. Commissioner Yrarrazaval initially made a motion to approve the staff recommendation with conditions added to include a mitigation measure addressing short term parking impacts as well as revise several components of the exterior architecture including the screening of window vents and recessing the windows. The motion was seconded by Chairman Leo 75B-1 ZOA No. 2009-04, CUP No. 2009-08, Amend DA No. 05-02 and VA No. 2009-02 May 18, 2009 Page 2 with an amendment (that was acceptable to Commissioner Yrarrazaval) requiring the addition of stone to the base of the hotel. This motion failed by a vote of 3:3 (Mill, Yrarrazaval and Leo in favor; Alderete, Betancourt and Turner opposed; Gartner absent). A substitute motion was made by Commissioner Alderete and seconded by Commissioner Betancourt to continue the item to the April 27, 2009 meeting to allow the applicant time to make the changes that were raised by the Commission at this hearing as well as at the study session held on February 23, 2009. This motion also failed by a vote of 3:3 (Alderete, Betancourt and Turner in favor; Mill, Leo and Yrarrazaval opposed; Gartner absent). Following the failure of the second motion Chairman Leo declared an impasse pursuant to Planning Commission Bylaws (Resolution 01-44 Section 8e) . In cases where the Chairman declares an impasse, the proponent of the project is offered the option of either continuing the items to a later date for further consideration by the Commission or the denial of the items to allow the applicant to appeal the decision to the City Council. The Applicant has requested the items be denied by the Planning Commission to allow them to move forward to the City Council for a final decision (Exhibit A). A special meeting was held by the Airport Land Use Commission (ALUC) on April 30, 2009 regarding the proposed hotel project. At that hearing, the Commission voted unanimously to find the project consistent with the Airport Land Use Plan. FISCAL IMPACT There is no fiscal impact associated with this action. J y M. Trevino Executive Director Planning & Building Agency MF:rb mf/reports/CUP/cup09-08va09-02da05-02zoa09-04 Courtyard by Marriott.cc 75B-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: APRIL 13, 2009 TITLE: PUBLIC HEARING - FILED BY THE NEXUS DEVELOPMENT CORPORATION FOR ZONING ORDINANCE AMENDMENT NO. 2009-04, AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2005-02, CONDITIONAL USE PERMIT NO. 2009-08 AND VARIANCE NO. 2009-02 TO ALLOW THE CONSTRUCTION OF A COURTYARD BY MARRIOTT HOTEL AT 6 EAST MACARTHUR PLACE Prepared by Matt Foulkes ~. ~ I ~ `~ t -'~ _ Executive Director RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planning Manager 1. Adopt a resolution approving the Addendum to the Final Environmental Impact Report No. 2004-02 and approve the mitigation monitoring program. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009-04. 3. Adopt an ordinance approving the Amendment to Development Agreement No. 2005-02. 4. Adopt a resolution approving Conditional Use Permit No. 2009-08 as conditioned. 5. Adopt a resolution approving Variance No. 2009-02 as conditioned. DISCUSSION Request of Applicant The Nexus Development Corporation is requesting approval of a zoning ordinance amendment, a conditional use permit, an amendment to a development agreement and a variance to allow the construction of a new Courtyard by Marriott hotel within the MacArthur Place South development at 6 East MacArthur Place. EXHIBIT A 75B-3 ZOA No. 2009-04, CUP No. 2009-08, Amend DA No. 05-02 and VA No. 2009-02 April 13, 2009 Page 2 Property Description The MacArthur Place South development, formerly known as Hutton Centre, is a master planned, 43-acre mixed-use development located on the south side of MacArthur Boulevard between Main Street and the Newport-Costa Mesa (SR-55) Freeway. Currently located in MacArthur Place South is 1,450,000 square feet of commercial office area consisting of two 14- story office buildings, two 10-story office buildings and two 8-story office buildings. In addition, two 25-story residential high-rise towers (Skyline) with 349 condominiums, a 13,470 square foot food/retail building, a 174-room, 84,210 square foot Doubletree Club hotel and four 6-story parking structures are located on the site (Exhibits 1 and 2). The Courtyard by Marriott hotel site, more formally known as the Cinema site, is a 2.78-acre parcel of land generally situated east of MacArthur Place (formerly Hutton Center Drive) and south of MacArthur Boulevard. The site is currently vacant but formerly contained a 35,000 square foot Edwards Theater building that was demolished in 2007. The overall project site is zoned Specific Development District No. 76 (SD-76) and has a General Plan land use designation of District Center (DC) Surrounding land uses include the MacArthur Place mixed-use development to the north, the Newport-Costa Mesa (SR-55) Freeway and the City of Costa Mesa to the east, office development to the south and the Sandpointe residential neighborhood to the west (Exhibits 1 and 2). Project Description The Nexus Development Corporation is proposing to relinquish entitlements to build the 13,470 square foot retail/restaurant building and the six-story office/residential (15-unit) loft building on the Cinema site and construct a new 185 room, 100,000 square foot Courtyard by Marriott hotel. The four-story hotel will be located on the corner of MacArthur Place and MacArthur Boulevard, with a surface parking lot and existing parking structure south of the project providing the required parking. Access to the hotel will be taken from two driveways, one located on the west side of the hotel from MacArthur Boulevard, and the other located on the south side of the hotel from MacArthur Place (Exhibit 3). 75B-4 ZOA No. 2009-04, CUP No. 2009-08, Amend DA No. 05-02 and VA No. 2009-02 April 13, 2009 Page 3 The hotel will include approximately 3,000 square feet of meeting rooms/conference space on the first floor as well as 1,600 square feet of outdoor activity space directly adjacent to the conference space. The main lobby of the hotel will also feature a media area, home theatre area, lounge, cafe and bar. Also included on the first floor is a 700 square foot exercise room adjacent to an outdoor pool and spa (Exhibit 4). The exterior of the hotel will feature a variety of materials including ceramic tile, smooth and textured stucco and metal accents and railings. The building has been designed to complement the existing high-rise towers by utilizing similar design features including the use of glass storefronts, curving metal railings on the north and south elevations and varying the buildings in/out articulation on each of its elevations to add to its visual interest (Exhibits 5 and 6). The hotel landscaping has been designed to highlight its various architectural elements while providing a pleasant pedestrian experience. Canary Island Pines, Mexican Fan Palms and Jacaranda trees will be utilized along the MacArthur Boulevard side of the hotel to provide a visual buffer from the street as well as provide shade for an outdoor patio and seating area. Vine covered metal trellises are proposed along MacArthur Place to complement the Jacaranda's and Mexican Fan Palms as well as enhance the pedestrian experience along this elevation. Scored concrete, outdoor seating and a water feature have been included at the southeast corner of the hotel to continue the enhanced pedestrian experience along this elevation as well as provide a point of visual interest for the site (Exhibit 7). Analysis of the Issues The originally approved entitlements for the Cinema site included a 25- story high-rise tower containing 150 for-sale condominium units, approximately 13,500 square feet of retail and restaurant uses and a six-story, mixed-use loft building containing 15 residential units and 10,000 square feet of office space. In December of 2008, Nexus Development Corporation submitted a revised plan showing the removal of the retail and restaurant building and the six-story mixed-use loft building, the relocation of the 25-story high-rise tower and the proposed 4-story hotel. As a result of this revised proposal, amendments to the original entitlements, as well as several new entitlements, will be required. 75B-5 ZOA No. 2009-04, CUP No. 2009-08, Amend DA No. 05-02 and VA No. 2009-02 April 13, 2009 Page 4 Zoning Ordinance Amendment When the Specific Development No. 76 Zoning District (SD-76) was created it divided the MacArthur Place South project site into two zones. Zone 1 consisted of all the properties within Hutton Centre with the exception of the Nexus projects (Exhibit 8) The permitted uses in Zone 1 remained unchanged, allowing similar uses to what is currently allowed in the C2 zones with the exception of several incompatible uses (such as automobile sales and repair, equipment rental yards and hospitals). Zone 2, which encompasses the currently proposed project as well as the other Nexus projects, was proposed to permit only offices, museums, libraries and galleries by right. Other uses such as retail, restaurants and residential were to be conditionally permitted in the zone to allow the City to review each project and apply conditions necessary to ensure the project remains a quality development. At that time, hotel uses were not considered as either a permitted or conditionally permitted use as there were several other hotels in the area and the project site had already been slated for retail, restaurant and residential uses. Although hotel uses were not considered in the original Specific Development they are still compatible with the underlying goal of SD-76 to create a mixed use, active urban center. In addition to the guests staying at the hotel using the surrounding retail and restaurants within the project site, the hotel's ample meeting space has the potential to attract groups and special events. Both of these activities also have the potential to increase pedestrian activity within the project area on a daily basis. Additionally, the project sites location near several arterial streets as well as convenient access to the Newport-Costa Mesa (SR-55) Freeway make it an appropriate location for a hotel use (Exhibit 9) . Conditional Use Permit In conjunction with the amendment to Specific Development No. 76 to conditionally allow hotel uses within Zone 2, the applicant is also requesting a conditional use permit for the proposed Courtyard by Marriott. By requiring a conditional use permit the City maintains the ability to more fully review projects as well as include any necessary conditions to ensure the project remains of the highest quality. 75B-6 ZOA No. 2009-04, CUP No. 2009-08, Amend DA No. OS-02 and VA No. 2009-02 April 13, 2009 Page 5 The City has worked with the applicant during project design to ensure that close attention is paid to both the quality of the design as well as its integration within the MacArthur Place project site. The buildings articulation and materials as well as landscaping have been designed to complement the other existing projects in the area, while further enhancing the pedestrian experience as they move through the project area. Additionally, the hotel has provided several amenities including an exercise room, pool and spa, media center, lounge, cafe and bar to accommodate a wide variety of needs for hotel guests. One issue that staff has identified relating to the hotel operation is the potential noise impacts associated with material and trash deliveries and pick-ups along the west side of the hotel adjacent to future residential units. To address this issue, a condition has been added restricting the permitted hours for deliveries between 7:00 a.m. and 10:00 p.m. Parking Variance Under the previous entitlements, the Cinema Site contained a mixture of residential, retail, office and restaurant space. The project site would have been served by 449 surface and subterranean parking spaces and would have after hour (5:00 p.m. to 7:00 a.m.) access to an adjacent 500-space parking structure. The shared parking study prepared in 2005 by Kaku Associates found that the project would have adequate parking with the use of the adjacent parking garage, and the City approved a 49 space parking variance for the project based on the shared parking analysis. The new site plan for the Cinema site proposes a 185-room Courtyard by Marriott Hotel, served by a 133-space surface parking lot. In addition to the 133 spaces adjacent to the hotel, hotel guests and employees will have access to 50 of the 500 garage spaces during the daytime on weekdays bringing the total number of available parking spaces to 183 during the weekday and 633 in the evenings and on weekends. The applicant is now requesting a variance from the parking requirements of Section 41-1344 of the Santa Ana Municipal Code to allow a reduction in the required parking. Based on code requirement, a total of 204 parking spaces are required for the hotel use while only 183 spaces are available. Of these 183 spaces, the Double Tree Club hotel, located within MacArthur Place South has an agreement to use 25 of the parking spaces as overflow parking. As a result of this agreement, the effective parking deficit for the proposed Marriott is 46 spaces or 25.1 percent. 75B-7 ZOA No. 2009-04, CUP No. 2009-08, Amend DA No. 05-02 and VA No. 2009-02 April 13, 2009 Page 6 To analyze the new parking reduction for the hotel project, a shared parking study was prepared by Fehr & Peers using the Urban Land Institute's (ULI) shared parking methodology. Shared parking is defined as a parking space that can be used to serve two or more individual land uses without conflict or encroachment. The result of that study concluded that at its peak demand and lowest supply, which is during the week between the hours of 8:00 a.m. and 9:00 a.m., the hotel will require 182 parking spaces while 183 parking spaces are provided. During evening and weekend hours when the peak demand is higher (197 spaces on weekends between 10:00 p.m. and 11:00 p.m.), the hotel will have access to the adjacent 500-space parking garage to satisfy the increased parking demand (Exhibit 10). In addition to the results of the shared parking study, parking impacts will also be minimized through the use of tandem valet parking spaces in a portion of the surface parking lot. The use of tandem valet spaces allows for the more efficient use of the parking lot by ensuring that there is minimal space wasted between vehicles. A condition of approval has been added to require this service be available on a 24-hour basis to hotel guests and continually managed by the hotel. Based on this analysis, staff is in support of the 46 space parking variance. Development Agreement Amendment The development agreement is a legal contract between the developer and the City that defines the terms and nature of development proposed for the project site. This agreement establishes development intensity, permitted uses and standards for the term of the agreement. In exchange for the City vesting approval of the proposed project, the development agreement requires certain improvements and public benefits (Exhibit 11). The previously approved Development Agreement did not consider hotels within the MacArthur Place South project area. In conjunction with the amendment to Specific Development No. 76 to conditionally allow hotels in this area, the approved development agreement must also be modified. While the component of the development agreement relating to permitted uses will be modified to allow hotel uses within Zone 2 of the Specific Development, none of the other requirements or conditions relating to required improvements or development standards will be modified. Conclusion On February 23rd a Planning Commission work study session was held to review the proposed hotel project. At this meeting issues related to the projects timeline, the viability of a hotel use within the project 75B-8 ZOA No. 2009-04, CUP No. 2009-08, Amend DA No. 05-02 and VA No. 2009-02 April 13, 2009 Page 7 area and the buildings architectural design were discussed. Although several of the Commissioners concerns were resolved at the meeting, the applicant has elected not to make any additional changes to the plan as a result of the issues raised at the study session. The proposed hotel use within the MacArthur Place South will remain in compliance with the policies outlined in the General Plan Land Use Element and will continue to promote this area as an active, vibrant urban center. Therefore, based upon an analysis of the project and the project's compatibility with the City's General Plan and applicable development standards, staff recommends that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment No. 2009-04, Amendment to Development Agreement No. 2005-02, Addendum to the Final Environmental Impact Report No. 2004-02 and approve the mitigation monitoring program, Conditional Use Permit No. 2009-08 as conditioned and Variance No. 2009-02 as conditioned (Exhibits 12 through 15) CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions have been reviewed through an Addendum to the previously certified Environmental Impact Report 2004-02. CEQA guidelines (California Code of Regulations 15000, et seq.) authorizes the use of an addendum for the purpose of making minor or technical changes, as long as these changes do not rise to the level of requiring a subsequent or supplemental EIR pursuant to CEQA Guidelines 15162. The originally certified Environmental Impact Report was analyzed in light of the revised site plan and it was determined that there are no new significant impacts resulting from the changed plan. Several mitigation measures that required modification and/or further clarification have been added to the conditions of approval for this project (Exhibit 16). Additionally, a new traffic study was performed to analyze the potential changes in traffic circulation as a result in the changed land uses from residential, restaurant and retail to hotel uses. The result of the traffic analysis concluded that the hotel use at this site will result in 83 fewer trips in the morning peak hour, 105 fewer trips in the afternoon peak hour and 758 fewer trips on a daily basis (Exhibit 17), thus requiring no additional review or mitigation measures. 75B-9 ZOA No. 2009-04, CUP No. 2009-08, Amend DA No. 05-02 and VA No. 2009-02 April 13, 2009 Page 8 The determination that there are no new significant impacts or any increases in the severity of the impacts previously identified in the original Environmental Impact Report mean that in accordance with CEQA 15164, the Addendum to the previously certified MacArthur Place South EIR is the appropriate document for the actions proposed. Matt Foulkes Assistant Planner MF jm mf/reports/CUP/cup09-OBva09-02da05-02zoa09-04 Courtyard by Marriott .pc ~, /~ ~., ~_. 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BIN MgINEA'~ __ -- ~ SD-43 R1 o m Ri ~ ~ z SD-43 SD-43 AwESnc on. ~ R1 & R1 Ri R1 ~ Ri ~ AV ~- R1 ~ SD-43 s ~T ~~'W WAY A< WE C5 ~ \ / R1 R1 ~ MACARTHUR BL. -- - -~ Rt-0RD R1•PRD -- R1- . Rt- I ~ C5 ' ~~ ~~'':~° ~ Change Zoning ,,~ , N.y ~r from C-2 t0 SD-76 PRD PRD .- ~ ,m~y 1 „z V , .. 1~ ~ -. /\~ w Av. yR1- D ? MURAryAV. ~'i`,l~ ~~ ~ ~b ~ ~ R1- PRD I ~. ,~'~`~~~.'.~~„~'~. v ~ .b _ ARD ~ ~! R1-P~m R1-PRD ~ ~~ ~ ' --y Rt A ". R1 R1 al _ - . D k Rt - Ri °'~_-~ city of ro5rrn Ri Ri Rt Rt R1 ~NOBELNV~ Mi ~~-' Rl 5T N AV. Ri srE"E,s ~~ -- CS_ ~ Q' SUNFLOWER AV. -- Z1 CZ ~~ ~~ h~ C f t y o f G o s t a M e s a Al GENERAL AGRICULTURAL CR COMMERCIAL RESIDENTIAL R1 SINGLE FAMILY RESIDENTAU. -B PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO FAMILY RESIDENCE C-SM COMMERCIAL SOUTH MAIN M1 LIGHT INDUSTRIAL R3 MULTIPLE FAMILY RESIDENCE Ct COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL R4 SUBURBAN APARTMENTS Ct-MD COMM. COMMERCiAVMUSEUM DISTRICT MO MILITARY OPERATIONS RE RESIDENTAL ESTATE C2 GENERAL COMMERCIAL 0 OPEN SPACE SD SPECIFC DEVELOPMENT C3 CENTRAL BUSINESS P PROFESSIONAL SP SPECIFIC PLAN C3•A CENTRAL BUSINESS-ARTIST VILLAGE PCD PLANNED COMMUNIiY DEVELOPMENT C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT CS ARTERIAL COMMERCIAL. AA 05-1/CUP 05-10 THRU 13 & 15/DA 05-2/ E l R 04-2JTM 05-2 THRU 4NA 05-5, 7, 10 & 12 /~ ~~{ NEXUS DEVELOPMENT CORPORATION ~` MACARTHUR PLACE SOUTH - - =5~ FEEr a; .~= ,~ 'J r =1000 FEET -"~~ ZONING: From C2 to SD-76 ~~ r;'= P L A N N i N G p i AMENDMENT TO ZOA 09-4, DA05-2, ~~~ VA 09-2 G A G E N C Y MacArthur Place South t~tten. ~~ *,~Mixed Use Specfic Development District (SD-76) TABLE OF CONTENTS SECTION 1. Applicability of Ordinance SECTION 2. Purpose SECTION 3. Objectives and Policies SECTION 4. Permitted Improvements SECTION 5. Permitted Uses SECTION 6. Conditionally Permitted Uses SECTION 7. Development Standards 1. Maximum Density 2. Minimum Parcel Size 3. Overall Project a. General Requirements b. Building Setbacks c. Building Height d. Screening 4. Parking a. General Requirements b. Residential Components c. Other Uses 5. Building Elevations SECTION 8. Miscellaneous Standards 1. Landscaping 2. Signage 3. Common Areas 4. Public Art AMENDMENT TO ZOA09-4, DA05-2, CUP09-8 &VA09-2 EXHIBIT 9 75B-19 MacArthur Place South men-~er~t~eMacArthur Place South-Mixed Use Specific Development District (SD-76) SECTION 1 APPLICABILITY OF ORDINANCE The specific development zoning district, as authorized by Chapter 41, Division 26, of the Santa Ana Municipal Code, is specifically subject to the regulations contained in this ordinance for the express purpose of establishing use district regulations. All other applicable chapters, articles and sections of the Santa Ana Municipal Code shall apply unless expressly waived or superseded by this ordinance. Use district regulations established in Chapter 41, Article III, of the Santa Ana Municipal Code for zoning districts other than the SD zoning district may be incorporated herein by reference. The boundaries of the MacArthur Place South #e#tea Ce~treMacArthur Place_South-Mixed Use Specific Development District shall be defined pursuant to Exhibit A (attached hereto and incorporated as though fully set forth herein). MacArthur Place South Mixed Use Specific Development District shall have two zones, Zone 1 and Zone 2, as depicted in Exhibit A. SECTION 2 PURPOSE The Specific Development No. 76 (SD-76) use district regulations are hereby established for the express purpose of protecting the health, safety and general welfare of the City by encouraging the use of innovative planning concepts and principles, promoting and enhancing the value of properties, and encouraging orderly development. This district is intended to provide standards for areas located in a District Center and adjacent to high capacity arterial streets. SECTION 3 OBJECTIVES AND POLICIES The Mac;_Arthur Place South Mixed Use Specific Development District is located within the southeastern area of the City. The ~~ ~++^^ r°^+''°MaCArthur Place South Mixed Use Specific Development District encompasses a mixture of office, restaurant, retail1 hotel and residential land uses. The following site development policies are designed to encourage greater convenience, efficiency, excellence of design and visual appeal than is typically achieved with usual residential and commercial development. The policies of the MacArthur Place ~>outh Mixed Use Specific Development District include the following: Uses shall be integrated within the overall #~-e-tte+~-C~e+~t~MacArthur Place South campus in terms of architecture, pedestrian orientation and circulation, vehicular circulation, landscape and urban design. 75~-20 • Internal circulation shall separate customer traffic from loading, delivering, and pedestrian traffic. • Access to and from the adjacent arterial streets and highways shall be limited, in order to ensure efficient and safe vehicular circulation. • Adequate open spaces and landscaping shall be provided for all uses and shall be integrated with building and parking areas. • Awell-planned system of pedestrian linkages, enhanced with water features, seating areas, and other pedestrian amenities, shall be developed for convenient access between all uses developed on the site. • Walkways, parking and open spaces shall be provided with adequate lighting for safe and convenient nighttime use. SECTION 4 PERMITTED USES IN ZONE 1 The permitted land uses within Zone 1 shall be as follows: 1. Professional, business and administrative offices. 2. Museums, libraries and galleries. 3. Retail and Service Uses. 4. Restaurants, cafes, and eating establishments, other than those specified in section 41-365.5. 5. Coffee houses, tea houses, and bakeries. SECTION 5 CONDITIONALLY PERMITTED USES IN ZONE 1 The following uses are permitted within Zone 1 upon the approval of a conditional use permit in accordance with the Santa Ana Municipal Code: 1. Theaters. 2. Hotels. 3. Child care facilities. 4. Nightclubs, bars and indoor entertainment uses whether freestanding or part of another permitted or conditionally permitted use. Adult entertainment businesses shall not be permitted within Zone 1. 5. Establishments selling or serving alcoholic beverages. 75B-21 6. Banquet facilities, subject to development standards set forth in section 41-199.1. 7. Uses open between the hours of 12:00 midnight and 5:00 a.m. 8. Health Clubs. SECTION 6 PERMITTED USES IN ZONE 2 The permitted land uses within Zone 2 shall be as follows: Professional, business and administrative offices. 2. Museums, libraries and galleries. SECTION 7 CONDITIONALLY PERMITTED USES IN ZONE 2 The following uses are permitted within Zone 2 upon the approval of a conditional use permit in accordance with the Santa Ana Municipal Code: Nightclubs, bars and indoor entertainment uses whether freestanding or part of another permitted or conditionally permitted use. Adult entertainment businesses shall not be permitted within Zone 2. 2. Establishments selling or serving alcoholic beverages. 3. Banquet facilities, subject to development standards set forth in section 41-199.1. 4. Uses open between the hours of 12:00 midnight and 5:00 a.m. 5. Multi-family residential uses. 6. Live/work communities in compliance with the following standards: a. Residential use is permitted only in combination with individual work space in a manner which provides an integrated working and living environment. b. Alive/work unit shall be at least nine hundred (900) square feet in size. c. The residential component of a live/work unit shall meet the following standards: i. It shall have access to separate bathroom facilities, including a water closet, a wash basin, and a bathtub or shower. ii. It shall have separate kitchen facilities including a kitchen sink, cooking appliances and refrigerator. All such 75~-22 facilities shall have a clear working space of at least thirty (30) inches in front. iii. It shall comply with all Housing Code requirements as modified by section 8-2700 of this Code. iv. In-unit laundry facilities shall be required. v. No residential component shall be permitted on the ground floor of the live/work unit. 7. Outdoor Farmers Markets. 8. Full service cafes and restaurants, which may include incidental take-0ut service. Full service cafes and restaurants shall be limited to those that provide sit down dining areas and exclusive table service for ordering and delivering meals and beverages. 9. Coffee houses, tea houses, and bakeries. 10. Health Clubs. 11. Retail and service uses. X12. Hotels SECTION 8 DEVELOPMENT STANDARDS IN ZONE 2 The following general development standards are applicable to this project: 1. Maximum Development Intensity Consistent with the General Plan, the maximum residential density allowed for the site shall be 90 dwelling units per acre within SD-76. The maximum floor area ratio for other permitted uses shall be 1.0. 2. Minimum Parcel Size The minimum parcel size shall be 2.5 acres. 3. Overall Project The development plans and material samples shall be submitted to and approved by the Planning Commission pursuant to Section 41- 593.4 prior to issuance of any building permits. a. Building Setbacks Setbacks are established to enhance pedestrian space throughout the district, create compatible relationships between existing and future building elevations, and recognize opportunities to create new open spaces such as plazas, pedestrian 75~-23 ways and landscaped areas. Major setback conditions are discussed below by street: Main Street: All projects shall maintain a building setback of 15 feet. Entry steps to residential units may encroach into this setback area in order to provide a transition between public and private spaces. ii. MacArthur Boulevard: All res+der~tia~projects shall maintain a building setback of 15 feet. Entry steps to residential units may encroach into this setback area in order to provide a transition between public and private spaces. iii. Sandpointe Avenue: All projects shall maintain a building setback of 10 feet. Entry steps to residential units may encroach into this setback area in order to provide a transition between public and private spaces. iv. Hutton Center Drive: All projects shall maintain a building setback of 10 feet. b. Building Height The building height of a project shall not be approved where the Federal Aviation Administration (FAA) has determined such height to be a hazard to air navigation. c. Screening All appurtenances shall be located outside any required setback and shall be screened from view. 4. Parking a. General Requirements 75~-24 Parking shall not encroach into required setbacks at grade. Parking structures below residential buildings shall not encroach within required setbacks along Main Street or MacArthur Boulevard. ii. Parking structures that incorporate trash enclosures shall maintain sufficient vertical clearances to facilitate trash truck access. iii. Glare from the parking structure lighting shall not be visible from any public right-of-way. iv. The ceiling of all parking levels shall be painted white and be maintained to improve illumination and enhance safety within the parking structure. v. The parking structure shall comply with the Santa Ana Municipal Code sections pertaining to the Police Department's Security requirements, including parking lot lighting levels. vi. The parking structure shall comply with the Santa Ana Police Department's parking structure design guidelines. b. All uses shall comply with the parking provisions outlined in Chapter 41 of the Santa Ana Municipal Code (SAMC). 5. Landscaping Prior to issuance of any building permit, a detailed Landscape Plan shall be submitted to and be approved by the Planning Commission. 6. Signage a. All signage shall comply with the Santa Ana Municipal Code. b. Prior to issuance of any sign permits or certificates of occupancy for any building or portion thereof, a comprehensive sign program for the entire site, including directional signs and graphics for the parking structure, shall be submitted to and be approved by the Planning Commission. 7. Public Areas 75~-25 Prior to issuance of any building permits, a detailed plan of the public areas shall be submitted to and approved by the Planning Commission. a. Exterior kiosks, carts or other temporary outdoor uses are not allowed unless specifically submitted to and approved by the Planning Commission. b. The public areas shall incorporate seating, benches, street furniture and landscaping to provide visual interest and additional amenities within the public areas. All seating, benches, street furniture surfaces, pedestrian-level walls and similar amenities shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather and incorporate graffiti resistant coatings. c. Pedestrian amenities shall be provided such as lighting, planters, drinking fountains, unit pavers, and bicycle racks. d. Trash receptacles should be located in high-activity areas, such as plazas and other public open spaces. The style shall be compatible with other public areas' furnishings. e. The property shall be maintained free of graffiti. All graffiti shall be removed within 48-hours of occurrence. 75~-26 MacArthur Place-Cinerrra Black- Shared ParlQng Anatysis March 30, 2009 -~ -~,-; -.. ~ ~ ., 3~ k'ys ~~ .y. +~~ Y ~ 'ti '~ ~ X,-;' ~ - Sharad Parking Results FEHR TRANSPORTA Table 2 shows that the peak parking demand (for the peak month -June) for the Cinema Block with the Marriott Hotel would be 182 spaces on a weekday morning. During weekday mornings and afternoons, there would be a total of 183 spaces available, which would include the surface parking (133 spaces) and additional weekday parking located in the adjacent parking structure (50 spaces), yielding a peak occupancy of 99.5%. Figure 2 illustrates the parking demand for the busiest hour of the weekday daytime hours for each month of the year. During the evening on a weekday, the demand would be 189 spaces, and the weekend peak parking demand would be 177 spaces during the daytime and 197 spaces during the evening. It is during these time periods that not only the surface parking lot would be available, but also the entire adjacent parking structure, for a total supply of 633 parking spaces. Figure 3 illustrates the parking demand for the busiest hour during the weekday evening in comparison to the parking supply available during that specific time of the day. Figure 4 provides the parking demand for the busiest hour for the weekend for each month of the year. It should be emphasized that the busiest hour of the day for the time periods shown in Figures 2 through 4 generally represent only one or two hours of the day. The remaining hours experience less than the peak demand, oftentimes by a substantial margin. Figure 5 shows the hourly parking demand .across the entire day for both weekend and weekday conditions. The typical weekday parking demand (during the busiest month of the year) falls between 140 and 150 spaces even though the absolute peak weekday daytime parking demand occurs at 8:00 AM with a parking demand of 182 spaces. The .hotel parking demand decreases after guests leave their rooms between 8:00 and 9:00 AM. Table 3 summarizes the shared parking demand for the Cinema Block with the proposed Marriott Hotel during the peak month of June. Adequate parking is available to serve the parking demand of the hotel during both the weekday and weekend peak periods, even during the busiest month of the year. Table 3 Shared Parking Analysis Summary Parking Supply vs. Peak Month Parking Demand Cinema Block Weekday Weekend Daytime Nighttime Daytime Nighttime Marriott Supply 183 633 Demand 182 189 633 633 Courtyard Hotel % Occupied 99.5% 29.9% 28 0% 311 Available Spaces 1 444 456 436 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M-30 P.O. Box 1988 Santa Ana, California 92702 FREE RECORDING GOVERNMENT CODE § 6103 THIRD AMENDMENT TO DEVELOPMENT AGREEMENT by and between THE CITY OF SANTA ANA and THE GRAND PLAN 2, LLC Dated: .2009 Ordinance No. NS- AMENDMENT TO ZOA09-4, DA05-2, CLJP09-8 &VA09-2 ~IT~ 8 THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA, and THE GRAND PLAN 2, LLC This THIRD AMENDMENT TO DEVELOPMENT AGREEMENT ("Third Amendment") is entered into between THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California ("City"), and THE GRAND PLAN 2, LLC, a California limited liability company ("GP2"). following facts: Reference to Facts. This Third Amendment is entered into with reference to the 1.1 Capitalized terms not defined herein shall have the meaning set forth in the Development Agreement. 1.2 The Grand Plan 1, LLC, a California limited liability company ("GP 1 ") and The Grand Plan 2, LLC, a California limited liability company ("GP2"), on the one hand, and City, on the other hand, entered into that certain Development Agreement dated August 4, 2005 and recorded in the Orange County Official Records on July 21, 2005 as Instrument No. 2005000565108 (as amended, the "Development Agreement") pursuant to which, among other things, Owner (as defined in the Development Agreement) was granted the vested right to develop a mixed use Project with residential condominiums and office/commercial/retail uses, as more particularly described therein. GP2 rights and obligations under the Development Agreement include the Condo/Office Project and Restaurant Portion Elements of the Project, which are the subject of this Third Amendment. 1.3 A First Amendment to the Development Agreement by and between the City, GP2, NDC Skyline Associates, LLC and Integral Communities I, Inc. (the latter two being assignees of GP 1) was executed on or about July 7, 2008 and recorded in the Orange County Official Records on July 22, 2005 as Instrument No. 2008000349227. Simultaneous with its consideration of this Third Amendment, the City Council of the City of Santa Ana is considering a proposed Second Amendment to the Development Agreement, which is concerned solely with consideration of separate requests for the City to approve rental use (as opposed to for-sale condominiums) of the Lake Tower Element and Integral Project Element of the Project. 1.4 The original Development Agreement and Entitlements (i) described the Condo/Office Project Element of the Project as consisting of a six (6) tower consisting of fifteen (15) for-sale residential units on four (4) floors and approximately ten thousand (10,000) square feet of office use on two (2) floors, and (ii) described the Restaurant Portion Element of the Project as consisting of approximately thirteen thousand eight hundred seventy-one (13,871) square feet of commercial space, including approximately eight thousand five hundred eighty (8,580) square feet of restaurant. 1.5 In lieu of the Condo/Office Project and Restaurant Portion, which Elements are no longer part of the Project, GP2 seeks approval of a Hotel Project. For purposes of this Third Amendment, the "Hotel Project" shall consist of a new 185 room, 100,000 square foot, four-story (approximately 57.3 feet above grade) hotel to be located on the corner of MacArthur Place and 3rd amendment to development agreement hotel (2) 4/9/2009 11:02 AM2 2 75B-29 MacArthur Boulevard served by 133 surface parking spaces, and GP2's right to park in the Teacher's Parking Garage during certain specified hours of the week. 1.6 Approval of the Hotel Project will require the relocation of the Cinema Tower, which is also owned and developed by GP2. The City and GP2 agree and acknowledge that GP2 must submit a new application to the City for site plan review for the proposed new location of the Cinema Tower, which must be reviewed and approved by the City's Planning Commission. 1.7 In connection with the foregoing, GP2 and the City now desire to amend the Development Agreement to provide GP2 with approval of the Hotel Project subject to the terms and conditions of the Development Agreement, as amended. 2. Hotel Project. GP2 and the City hereby acknowledge and agree that GP2 has the right under this Third Amendment to construct and operate the Hotel Project, as hereinafter defined. 3. Modification of Certain Provisions. The Development Agreement is hereby amended and supplemented in the following particulars: 3.1 Section 1.1(1). The phrase "office/commercial/retail uses" appearing in Section 1.1(1) of the Development Agreement is hereby amended and restated to read as "hotel uses with ancillary retail/restaurant uses." 3.2 Section 2.13. The entire section is deleted and replaced with the word "Reserved." 3.3 Section 2.23. The entire section is deleted and replaced with the word "Reserved." 3.4 Section 2.25A. A new section is added between Section 2.25 and 2.26 to read as follows: "'Hotel Project' is defined in Section 2.43." 3.5 Section 2.21. This section is amended by added to it the following. "The Project also includes a new 185 room, 100,000 square foot, four-story (approximately 57.3 feet above grade) hotel to be located on the corner of MacArthur Place and MacArthur Boulevard served by 133 surface parking spaces, and GP2's parking rights in the Teacher's Parking Garage during certain specified hours of the week, as set forth in detail in Development Permit No. 2008-8, Zoning Ordinance Amendment No. 2009-04, Conditional Use Permit No. 2009-08, Variance No. 2009-02, Environmental Review No. 2008-235 (An Addendum to the Final Environmental Impact Report for Environmental Review No. 2004-02). 3.6 Section 2.43(2). The section is deleted and replaced by the following: "A new 185 room, 100,000 square foot, four-story (approximately 57.3 feet above grade) hotel to be located on the corner of MacArthur Place and MacArthur Boulevard served by 133 surface parking spaces, and GP2's parking rights in the Teacher's Parking Garage during certain specified hours of the week (the `Hotel Project')." 3rd amendment to development agreement hotel (2) 4/9/2009 11:02 AM3 75B-30 3.5 Section 2.43(4). The first two (2) sentences are deleted in their entirety and the third sentence, which begins a new paragraph, is hereby amended and restated to read in its entirety as follows: "The Lake Towers, the Cinema Tower, the Hotel Project, and the Integral Project are each an `Element."' 3.6 Section 2.52. The entire section is deleted and replaced with the word "Reserved." 3.7 Section 2.55. The following is added to this Section: "The City and GP2 agree and acknowledge that the final location of the relocated Cinema Tower has not been determined. This is other issues related to its relocation shall be resolved by submission of an application by GP2 for Development Project Plan Approval pursuant to Division 3 of Article V of Chapter 41 of the City's Municipal Code, which shall be processed pursuant to said Division and Section 41-593 et seq. of the City's Municipal Code." 3.8 Section 5.1.11. The phrase "Restaurant Portion" appearing in Section 5.1.11 of the Development Agreement is hereby amended and restated to read as "Hotel Project." 4. Full Force and Effect; Counterparts. Except as amended herein the Development Agreement shall remain in full force and effect in accordance with its terms. This Third Amendment may be executed in any number of counterparts, all of which shall constitute one and the same instrument. [Signature and Notary Pages Follow] 3rd amendment to development agreement hotel (2) 4/9/2009 11:02 AM4 4 75B-31 IN WITNESS WHEREOF, this Third Amendment has been executed by the City of Santa Ana and The Grand Plan 2, LLC. Dated this day of , 2009. "CITY" THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California By DAVID N. REAM City Manager Approved as to Form: By JOSEPH W.FLETCHER City Attorney "GP2" THE GRAND PLAN 2, LLC, a California limited liability company By _ Name Its 4/9/2009 11:02 AMS 3rd amendment to development agreement hotel (2) 5 75B-32 STATE OF CALIFORNIA COUNTY OF ss. On before me, ,Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal SIGNATURE OF NOTARY PUBLIC STATE OF CALIFORNIA COUNTY OF ss. On before me, ,Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal SIGNATURE OF NOTARY PUBLIC 3rd amendment to development agreement hotel (2) 4/9/2009 ] 1:02 AM6 6 75B-33 STATE OF CALIFORNIA COUNTY OF ss. On before me, ,Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal SIGNATURE OF NOTARY PUBLIC 3rd amendment to development agreement hotel (2) 4/9/2009 11:02 AM7 7 75B-34 Conditional Use Permit No. 2009-08 April 13, 2009 Page 1 of 2 Findings of Fact A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed use will provide an additional service to the community by providing a high-quality business hotel that will offer a variety of amenities including 3,000 square feet of conference room/meeting space, media area, lounge, cafe, pool and spa to it guests. Conditions of approval have been included to ensure the quality and the attractiveness of the overall design which will contribute to the general well being of the community. B. 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? The proposed hotel use in conjunction with the rest of the MacArthur Place South development will not be detrimental to persons residing and working in the area. Any effect relating to the health, safety and general welfare of persons residing or working in the vicinity have been addressed through various mitigation measures identified in the Addendum to Environmental Impact Report 2004-02. These mitigation measures cover all aspects of the hotel from construction to daily operation and include mitigation measures relating to construction noise and soil retention to the permitted hours of operation for material deliveries and pick-ups. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed hotel use will not adversely affect the economic stability within the MacArthur Place South development area. The 185-room hotel and 3,000 square foot conference/meeting rooms will provide a diverse customer base for adjacent retail and restaurant uses which will reinforce the economic viability of the project area. A'bIENDMENT TO ZOA09-4, D.~Q,S~ V A09_2 Conditional Use Permit No. 2009-08 April 13, 2009 Page 2 of 2 D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The project will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code as well as the provisions of the SD-76 zoning district with the exception of parking. A variance will be required to deviate from this standard. E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan as hotel uses are conditionally permitted within the Specific Development No. 76 (SD-76) zoning district. The General Plan Land Use Element Policy 2.2 encourages commercial development to accommodate the City's need for goods and services. A hotel use with conference and meeting rooms provides a needed service within the City. Also Policy 2.6 encourages the creation of new employment opportunities which are compatible with surrounding land uses, and provide a net community benefit. A hotel use at this location will provide a sizable amount of diverse employment opportunities while remaining compatible with surrounding development. 75B-36 APRIL 13, 2009 PAGE 1 OF 3 Conditions of Approval Should Conditional Use Permit No. 2009-08 be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior 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 this conditional use permit. A. Planning Division 1. The project shall remain in compliance with Site Plan Review (DP No. 08-81). 2. 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. Prior to issuance of a Certificate of Occupancy the applicant shall provide a Parking Management Plan documenting how the tandem valet parking will function. Included in this plan shall be a commitment on behalf the hotel operator to offer valet parking service on 24-hour basis to hotel guests. 4. A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the hardscape design, lighting concepts and outdoor furniture. At a minimum, the project shall incorporate the amount and size of landscaping as shown on Sheet CSLl.l. The exact specifications for these items are subject to the review and approval of the Planning Commission. AMENDMENT TO ZOA09-4, DA05-2, CUP09-8 &VA09-2 7 ~ ~H]~jT13 APRIL 13, 2009 PAGE 2 OF 3 Mitigation Measures 5. Prior to issuance of building permits the project applicant shall ensure that building plans for the proposed project shall include the use of non-reflective building materials to minimize light and glare impacts. 6. During the design and construction, the project developer shall incorporate features in to the project that will minimize impacts from greenhouse gas emissions such as planting onsite trees as a means of providing carbon storage, promoting energy saving measures beyond Title 24 requirements and encouraging the use of Energy Star equipment appliances. 7. During grading operations, the project applicant shall ensure special handling of on-site soils as required by the City of Santa Ana, due to the high moisture content of the soils, which is well above optimum moisture conditions. The City of Santa Ana shall monitor the grading contractor to ensure stabilization of the soils during grading prior to placing and compacting fill soils over wet subgrade soils, as recommending in the geotechnical investigation prepared by Geotechnical Professionals, Inc. 8. Prior to the issuance of a building permit, the project developer shall provide evidence to the Planning Manager that the FAA Determination of No Hazard to Air Navigation has been obtained for the relocated Cinema Tower. The project developer shall demonstrate compliance with any conditions imposed by the FAA in their determination. 9. During operation of the hotel, the project developer shall ensure that truck deliveries to the hotel shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. Delivery trucks shall not be permitted to idle in the parking lots or loading areas and shall be required to have properly maintained, factory- approved mufflers. Delivery truck drivers shall be encouraged to minimize acceleration and maintain reduced vehicle speeds while on-site. 75B-38 APRIL 13, 2009 PAGE 3 OF 3 10. During project construction for the hotel, the project contractor shall verify that structural designs and acoustical baffling are implemented to reduce noise levels form mechanical equipment (ventilation fans, air conditioning and refrigeration units and their associated inlet and exhaust systems)to a level that complies with the City's Municipal Code noise ordinance standards. 11. Prior to issuance of building permits, the project developer shall ensure that the building plans for the hotel shall incorporate facilities for collection and pick-up of recyclable materials. B. Police Department 1. Existing surface parking lot must conform to the provisions of Chapter 8, Article II Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 75B-39 Variance No. 2009-02 April 13, 2009 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. The MacArthur Place South site is a contained site surrounded by existing commercial and residential developments. The shared parking analysis, prepared by Fehr & Peers has determined that sufficient parking will be provided for the project during times of peak demand. The parking variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial, residential and professional uses. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance to allow reduction in parking requirement will preserve the property owner's ability to develop the property with a high quality hotel that is consistent with the Specific Development No. 76 (SD-76) zoning district. The shared parking analysis, prepared by Fehr & Peers has determined that sufficient parking will be provided on site in a combination of surface and structured parking during times of peak demand. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance to allow reduction in parking requirement will not be materially detrimental to the public welfare or injurious to surrounding property. Conditions have been added requiring the submittal of a parking management plan for the surface parking lot relating to the use of tandem valet parking spaces. A separate condition has been added to requiring valet service on a 24-hour basis for hotel guests. AMENDMENT TO ZOA09-4, DA05-2, CUP09-S &VA09-2 EXHIBIT 14 75B-40 Variance No. 2009-02 April 13, 2009 Page 2 of 2 D. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance to allow reduction in parking requirement will not adversely affect the General Plan of the City since the proposed hotel was designed in conformance with City Zoning, Development, and General Plan requirements except for the parking requirements. The General Plan Land Use Element Policy 2.2 encourages commercial development to accommodate the City's need for goods and services. A hotel use with conference and meeting rooms provides a needed service within the City. Also Policy 2.6 encourages the creation of new employment opportunities which are compatible with surrounding land uses, and provide a net community benefit. A hotel use at this location will provide a sizable amount of diverse employment opportunities while remaining compatible with surrounding development. 75B-41 APRIL 13, 2009 PAGE 1 OF 3 Conditions of Approval Should Variance No. 2009-02 be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. 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 this variance. A. Planning Division 1. The project shall remain in compliance with Site Plan Review (DP No. 08-81) . 2. 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. Prior to issuance of a Certificate of Occupancy the applicant shall provide a Parking Management Plan documenting how the tandem valet parking will function. Included in this plan shall be a commitment on behalf the hotel operator to offer valet parking service on 24-hour basis to hotel guests. 4. A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the hardscape design, lighting concepts and outdoor furniture. At a minimum, the project shall incorporate the amount and size of landscaping as shown on Sheet CSL1.1. The exact specifications for these items are subject to the review and approval of the Planning Commission. AMENDMENT TO ZOA09-4, ' DA05-2, CUP09-8 &VA09-2 EXHIBIT 15 75B-42 APRIL 13, 2009 PAGE 2 OF 3 Mitigation Measures 5. Prior to issuance of building permits the project applicant shall ensure that building plans for the proposed project shall include the use of non-reflective building materials to minimize light and glare impacts. 6. During the design and construction, the project developer shall incorporate features in to the project that will minimize impacts from greenhouse gas emissions such as planting onsite trees as a means of providing carbon storage, promoting energy saving measures beyond Title 24 requirements and encouraging the use of Energy Star equipment appliances. 7. During grading operations, the project applicant shall ensure special handling of on-site soils as required by the City of Santa Ana, due to the high moisture content of the soils, which is well above optimum moisture conditions. The City of Santa Ana shall monitor the grading contractor to ensure stabilization of the soils during grading prior to placing and compacting fill soils over wet subgrade soils, as recommending in the geotechnical investigation prepared by Geotechnical Professionals, Inc. 8. Prior to the issuance of a building permit, the project developer shall provide evidence to the Planning Manager that the FAA Determination of No Hazard to Air Navigation has been obtained for the relocated Cinema Tower. The project developer shall demonstrate compliance with any conditions imposed by the FAA in their determination. 9. During operation of the hotel, the project developer shall ensure that truck deliveries to the hotel shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. Delivery trucks shall not be permitted to idle in the parking lots or loading areas and shall be required to have properly maintained, factory- approved mufflers. Delivery truck drivers shall be encouraged to minimize acceleration and maintain reduced vehicle speeds while on-site. 75B-43 APRIL 13, 2009 PAGE 3 OF 3 10. During project construction for the hotel, the project contractor shall verify that structural designs and acoustical baffling are implemented to reduce noise levels form mechanical equipment (ventilation fans, air conditioning and refrigeration units and their associated inlet and exhaust systems)to a level that complies with the City's Municipal Code noise ordinance standards. 11. Prior to issuance of building permits, the project developer shall ensure that the building plans for the hotel shall incorporate facilities for collection and pick-up of recyclable materials. B. Police Department 1. Existing surface parking lot must conform to the provisions of Chapter 8, Article II Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 75B-44 State Clearinghouse No.: 2004061140 Draft EIR (Distributed): March 4, 2005 Final EIR (Certified On): June 20, 2005 _'.- .~ri'~ R - 2 -.. - ~ , r.,_...,.. ... i ~%' 1 (1.~._.~, r,, ~~ k 1!i _ a •' M + ..~~: I 1 ~' C ( ~ • y ~ I E w .^ . Ill ,~ i1 ~- _' '~ ,z } .. ... w ..~..i .. ~. u ~ m~sn +~; . ~ ~ '~' ,~ ,~ ~ ~ i , P ti, ~ ~, r ~ ;.. ~~ ~~ ~,' •~ ? ~^ ~~ Addendum to Final Environmental Impact Report No. 2004-02 MacArthur Place South ~~ ~ ,.«~ 1~~ City of Santa Ana March 2009 Prepared for.• Lead Agency City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92702 Contact Person: Vince Fregoso Principal Planner Planning Division (714) 667-2713 Prepared by: O~~°~ CAA Planning 85 Argonaut, Suite 220 Aliso Viejo, California 92656 Contact Person: Shawna L. Schaffner Chief Executive Officer (949) 581-2888 AMENDMENT TO ZOA09-4, DA05-2, CUP09-8 &VA09-2 i'1645 State Clearinghouse No.: 2004061140 Draft EIR (Distributed): March 4, 2005 Final EIR (Certified On): June 20, 2005 Contents Introduction ................................................................................................................................................... l A. Executive Summary .................................................................................................................. 1 B. Environmental Impact Report Addendum ................................................................................. 1 C. Statutory Requirements ............................................................................................................. 1 Project Description ........................................................................................................................................5 A. Location .....................................................................................................................................5 B. Background ............................................................................................................................... 5 C. Description of Proposed Project .............................................................................................. 15 D. Approvals Contemplated .........................................................................................................23 Environmental Analysis ..............................................................................................................................25 Conclusion .................................................................................................................................................. 53 Inventory of Applicable Mitigation Measures ............................................................................................ 54 Environmental Checklist ............................................................................................................................. 57 List of Exhibits Exhibit 1 - Regional Map ............................................................................................................................. 7 Exhibit 2 - Project Vicinity Map ................................................................................................................ .. 9 Exhibit 3 - 2005 Site Plan .......................................................................................................................... 11 Exhibit 4 - 2005 Cinema Site Plan ............................................................................................................. 13 Exhibit 5 - Proposed Site Plan .................................................................................................................... 17 Exhibit 6 - Proposed Cinema Site Plan ...................................................................................................... 19 Exhibit 7 - Ground Floor Plan .................................................................................................................... 21 Exhibit 8 - North and South Hotel Elevations ............................................................................................ 27 Exhibit 9 - East and West Hotel Elevations ............................................................................................... 29 Exhibit 10 -Landscape Plan ....................................................................................................................... 31 Appendix A -MacArthur Place Specific Plan Amendment Trip Generation Evaluation, April 1, 2009 MacArthur Place South D ~~~~ EIR Addendum o iii 75B-46 Introduction A. Executive Summary The Final Environmental Impact Report ("EIR") for the MacArthur Place South project was certified on June 20, 2005. The project is a mixed use development consisting of three 25-story residential towers, three low rise condominium buildings, asix-story residential/office building with 10,000 square feet of office and 15 residential loft units, and asingle-story 13,871 square-foot retail building consisting of 8,580 square feet of restaurant and 5,290 square feet of retail. The project site is located at the southeast corner of MacArthur Boulevard and Main Street in southeast Santa Ana. East of the site is the Costa Mesa Freeway (SR-55), south and east of the site is the City of Irvine and the City of Costa Mesa is located to the southwest. John Wayne Airport is approximately 1.1 miles south of the project site. This document constitutes the Addendum to the Final EIR for the Mac Arthur Place South project, SCH #2004061140, as certified by the City of Santa Ana. The Addendum reviews the environmental impacts identified in the EIR in relation to changes to the project since the EIR was certified. These include the elimination of the Cinema Lofts (comprised of 15 residential units and 10,000 square feet of office use), removal of 13,871 square feet of retail/restaurant uses, the addition of a 185 room hotel, moving the Cinema Tower south of its approved location and the eventual construction of a parking structure for joint use by the hotel and Cinema Tower. An Initial Study Checklist, pursuant to CEQA, is included herein. The Initial Study and the Addendum fully comply with all relevant California Environmental Quality Act (CEQA) standards to determine if the EIR remains adequate to address the impacts resulting from the project pursuant to CEQA Guidelines § 15164. B. Environmental Impact Report Addendum Pursuant to §15367 of the CEQA Guidelines, the City of Santa Ana is the Lead Agency for this project. As defined, the lead agency has the principal responsibility for carrying out or approving a project. This Addendum updates the progress made in the project, as certified, and serves to update the information in the EIR as contemplated in CEQA Guidelines § 15164. This document will also be used to acknowledge the addition of mitigation measures and further project modifications to the site. The CEQA Guidelines (California Code of Regulations § 15000, et seq.) authorize the use of an Addendum for the purpose of making minor or technical changes, as long as these changes do not rise to the level of requiring a subsequent or supplemental EIR pursuant to CEQA Guidelines § 15162. CEQA Guidelines § 15164 states: a) The lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. C. Statutory Requirements Section 21166 of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq.) sets the standard to determine whether another EIR should be prepared when an original EIR has been prepared. Section 21166 states: MacArthur Place South D ~,~~~t, EIR Addendum o ~CC 75B-47 When an environmental impact report has been prepared for a project pursuant to this division, no subsequent or supplemental environmental impact report shall be required by the lead agency or by any responsible agency, unless one or more of the following events occurs: (a) Substantial changes are proposed in the project which will require major revisions of the environmental impact report. (b) Substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the environmental impact report. (c) New information, which was not known and could not have been known at the time the environmental impact report was certified as complete, becomes available. Section 21166 is further explained in the CEQA Guidelines at § 15162 as follows: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following.• (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken, which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following.• (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or MacArthur Place South D ~~~~ EIR Addendum o 2 75B-48 (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subsection (a). Otherwise, the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. (c) Once a project has been approved, the lead agency's role in project approval is completed, unless further discretionary approval on that project is required. Information appearing after an approval does not require reopening that approval. If after the project is approved, any of the conditions described in subsection (a) occurs, a subsequent EIR or negative declaration shall only be prepared by the public agency which grants the next discretionary approval for the project, if any. In this situation no other Responsible Agency shall grant an approval for the project until the subsequent EIR has been certified or subsequent negative declaration adopted. (d) A subsequent EIR or subsequent negative declaration shall be given the same notice and public review as required under Section 15087 or Section 15072. A subsequent EIR or negative declaration shall state where the previous document is available and can be reviewed. The key to §21166 and §15162 is to determine if any circumstances have changed enough to justify repeating a substantial portion of the environmental documentation process. If conditions do not justify a new or supplemental EIR, but minor additional or technical changes (such as traffic updates, additional mitigation measures, or project improvements) are appropriate to keep the document current and useful, an agency may prepare an Addendum (CEQA Guidelines § 15164). This Addendum will document the character of any changes or additions to support the determination to prepare an Addendum. It will also provide an opportunity to evaluate all components of § 15162 to determine if the EIR still reflects the full scope of the environmental impact. Where appropriate, citations to the EIR will be made, and assumptions made in the EIR will be evaluated for continuing validity. As described in this Addendum, there are no new significant impacts or any increase in the severity of the impacts previously identified in the EIR. There are no substantial changes proposed in the project which require major revisions of the previous EIR. Therefore, in accordance with CEQA § 15164, this Addendum to the previously certified MacArthur Place South EIR is the appropriate environmental document for the action proposed herein. The §21166 test is the prevailing authority under state law on the question of whether a new environmental document is necessary. This test is a substantive one to determine the document's continuing accuracy and utility. No substantial changes are proposed in the project, no substantial changes in the circumstances for implementation of the project and no new information that was not known at the time the EIR was certified has become available. Therefore, the EIR, as certified, remains adequate and complete. MacArthur Place South D ~~~~ EIR Addendum 3 75B-49 MacArthur Place South Project Approvals The MacArthur Place South project required the following review and discretionary approvals as described in the EIR: • Certification of a Final Environmental Impact Report • Zone change to Specific Development (SD) zone • Site plan review • Lot line adjustment • Tentative/Final Tract Maps • Conditional Use Permit • Parking variance • Airport Land Use Commission consistency finding • Development Agreement • Federal Aviation Administration determination for construction cranes • Regional Water Quality Control Board approval for dewatering activities No change in the required approvals is proposed. This Addendum identifies the requirement for the future submittal to the Federal Aviation Administration (FAA) for an updated Determination of No Hazard for the Cinema Tower construction. However, no construction schedule for the Cinema Tower has been established as of the date of this Addendum. MacArthur Place South D ~~~~ EIR Addendum o 4 75B-50 Project Description The following project description is based on information in the MacArthur Place South Environmental Impact Report. Modifications to the project are included in this Addendum to update the project as proposed. A. Location MacArthur Place South is a partially developed residential and office park located in the City of Santa Ana, in the County of Orange, California, immediately west of the Costa Mesa Freeway (SR-55) and approximately three-quarters mile north of the San Diego Freeway (I-405). The City of Irvine is located south and east of the site. The City of Costa Mesa is located to the southwest. The John Wayne Airport is located approximately 1.1 miles south. A Regional Map and a Project Vicinity Map are included herein as Exhibit 1 and Exhibit 2, respectively. The project lies within the boundaries of MacArthur Boulevard, Main Street, Sandpointe Avenue, and the Costa Mesa Freeway. MacArthur Place and Hutton Center Drive bisect the site. MacArthur Place runs south from MacArthur Boulevard to Sandpointe Avenue, and Hutton Centre runs from Sandpointe Avenue around to MacArthur Place. Some maps identify the entire street as Hutton Centre Drive. The project site is approximately 10 acres and is surrounded by high-rise office buildings, a hotel, and parking structures. To the west, between Sunflower Avenue and MacArthur Boulevard, are the Sandpointe single-family neighborhood, the Main Attraction condominiums and an existing Mobil service station. North of MacArthur Boulevard along Main Street is an existing Arco service station and the California Apartments. Immediately north of the MacArthur Place South project is the MacArthur Place mixed use development. B. Background The MacArthur Place South EIR identified the project area as an existing office park formerly known as Hutton Centre. Since 1982, approximately 1,551,096 square feet of office, restaurant, theater, retail, and hotel land uses have been developed in Hutton Centre. The structures range from single- story buildings to office towers ranging in height from 8 to 14 stories. In 2001 the City approved a 162-room hotel and health club for Hutton Centre, which did not move forward. The entitlement for the hotel and the health club were relinquished to implement the MacArthur Place South project. The MacArthur Place South EIR included analysis of the following project components: • Three 25-story residential towers, with a total of 501 residential units • One low-rise loft building with 14 residential units and 10,000 square feet of office space • A condominium complex including three low-rise buildings, with a total of 276 residential units • A restaurant and retail building totaling 13,871 square feet MacArthur Place South D ~~~~ EIR Addendum 5 75B-51 The entire MacArthur Place South project layout, as originally approved, is included herein as Exhibit 3 - 2005 Site Plan. A detailed layout of the Cinema Tower, the Cinema Lofts, and retaiUrestaurant portion of the original plan is shown in Exhibit 4 - 2005 Cinema Site Plan. Lake Towers The 25-story Lake Towers buildings, now known as Skyline at MacArthur Place, are situated along the west side of a man-made lake within the Hutton Centre complex. The North Tower includes 173 residential units, and the South Tower includes 174 residential units. The towers are approximately 257'6" in height, including parking facilities, mechanical equipment, and rooftop appurtenances. Two levels of subterranean parking and two levels of above ground parking are provided that include a total of 735 parking stalls. Residential unit types include one-bedroom plus den, two-bedroom, and two-bedroom plus den. A central amenity deck is provided between the towers and is accessible from the third floor of each tower. The amenity deck includes a lap pool, a lounge pool, a spa pool, a sundeck with private cabanas, a barbeque and picnic area, and an outdoor terrace. A water feature extends from the pool and bisects the amenity deck. A ladies' spa and fitness room are located in the north tower and a men's spa and lounge/billiards/game room are in the south tower. Cinema Tower The Cinema Tower will be located west of Hutton Centre Drive. The approved tower will be 260' tall, including mechanical equipment and rooftop appurtenances, and will include 154 residential units. Parking will include one level of subterranean parking, which will be located under the entirety of the Cinema Tower, the Cinema Lofts, and the retail/restaurant portion of the site, with a total of 316 parking spaces. An additional 128 surface parking stalls will be provided surrounding the Cinema Tower, the Cinema Lofts, and the retail/restaurant components. Four residential unit types will be provided in the Cinema Tower including one-bedroom units, one-bedroom plus den units, two-bedroom units, and two-bedroom plus den units. Cinema Lofts The Cinema Lofts will be between 5 and 6 stories, with the highest point reaching 60 feet. The Cinema Lofts will contain 14 residential units and 10,000 square feet of office above the residential space and will include a spa on the third floor and a gym on the fourth floor. An amenity deck will be located on the third floor and will serve the residents of the Cinema Tower and the Cinema Lofts. A pedestrian bridge will connect the Cinema Tower to the Cinema Lofts and provide access to the amenity deck, which will include a pool and an outdoor terrace. Retail/Restaurant The retail/restaurant component, situated along the northern project boundary, will include three retail spaces with a total of 5,291 square feet and two restaurant spaces with 8,580 square feet. Parking will be provided on the adjacent surface lot. MacArthur Place South D C1'~~;~ EIR Addendum o u g 75B-52 LOS ANGELES r > COUNTY ~ ~ 1 1~ 1 `SAN BERNARDINO COUNTY ~` .`~~ V~~ ` Riverside p Fce f ORANGE r • N ~ ~d~~d d ~ Garden Grove Freeway LL ~ .9 TUSTIN 1 7d • `rp+, SANTA ANA _ • COSTA MESA A "9 NEWPORT C~ BEACH ~~ C 0 C,(~ LAGUN< `` BEACH 2 J MAP NOT TO SCALE RIVERSIDE COUNTY 1 c 1` _``~ T °Or^~'~ ORANGE LAKE FOREST ae~ COUNT Y • L '~°~° RANCHO SANTA ~ Sd MISSION ~ • MARGARITA ~ E~ ~ VIEJO o ~ i Cn_ C7 • 4 LAGUNA -~ ~ 1 NIGUEL ~ ~ • ~ ; ~a Orle9a ;~ 1 1 • SAN JUAN ~ ~ CAPISTRANO ~_// POINT i SAN DIEGO saN • ~ i COUNTY CLEMENTE /: Exhibit 1 -Regional Map MacArthur Place South D ~~~~ EIR Addendum a ~ 75B-53 p C /OAS-J CASILF 2 ~ ~ GRl „, ~ ~ CC p ~ 8 o- 1 W 3 ~s a 3 w E GARR~ w ~ ° ~~ B ~ ~' ~ W ~ ~ K I 1Rl.I w N .. J -- Q ~ ~ _.. o AV ~ AY i LILLIE CARa W ~ Y Y ~ ~,.'! y ~ 300 Z J v~i > ~ 600 p d ~ a ~ ~ ti. AY INT ~ SI ARA ~~ AV ~ AV ~ ~ .~~ ` ~r ~ CO(U E ~' ~, ~ NE AY X91 ~ ~ ' q` W 1 W CURIE AV V :. MACARTF111R ~ ~ ~ ~ M c ~ ~ ~ BELL AV i- ~ FIRST 1~ BLV[~ E MA TyOR ~' ~, AY JNIPER AY 350 tW ~ 'S di ° AY '.._ ~ NO(S ,,. ~ $ ~ ,Q. ` AT ~ ~ ioA ~ F till ~ PbtA7F ~ ~ ~ ~ ArBr ~ ~ A ' __.- q` AU AY AURORA Y in uvrr AY ~ ....- ,p AV KELIER A ~L ~ 8 ~ AYa"'vs L10l~CE11PEE ' ' ~ ~ o 4 Q ~ ~ mo r~ STEYENS AY r, ~~ ~ AY • ~ Cg, ~'~Y ~ ~, $ F W AV ~ ~~ ~ y inoo lJ 4 500 SEE C D5 ~ ` ~~ C~ ~ 1'~ ~ fS 1 SCIIEI~EY BAY 2 KITTEkiMLE BAY ~ ~ Y ~ Tf~ ~ n _ v ~ ~ ~ 4 iE SLEYAN BAY n s ~ C I R ppRK 8`v ~ / ? C `~ ~~ . S KY PARK ~ ' r v. ~tt ~ 9~, + f. ~ U7oo ,~ 9B ~~ --~ ~~ ~~ ~.~CUT~ ti 9A I~ ~ ~ , K G -- -- " -- - - '" ~ ~1R N ST ~l 17 ~' s o~- ~cGrry F ~ zo S~ ~~ / ~4/ q ~ ~ QpOQ „~ a,~' P 3 ~~,,% JOHN WAY ~ E AIRPORT j ioo ~ N ,~~, A~ ~ ~ ,, ~ t ~ 1I' f qty traYlAUC C ~ 'O ~` Q ~~ ~ ~ ~ fIC Q ~ l ty. CACL 02004 Thomas Bro s. Maps Exhibit 2 -Project Vicinity Map MacArthur Place South D [~~~~t, EIR Addendum o ~C 75B-54 >. ~ ~t-e ~~ ,~ , ~ ~ -; ~ ~; .~ , ~ ~ ~ ~~ ~ ~~ - a ~. C b a v ,~ N O O N M ~_ t W ~ ~ ~ ~ ~ - i i - - ~= ~_ _ __ = i- _ - ~ ~ _ cx~ - _ ~~ nru~ u. ~~ -~J~ ~ ~ ~~ ~ ~~ ~ ~~~ ~ ~ - -1-~_ --- -- = _- -_ _ - -.---- ti w ~' 2 w ~ a av n ii.. 0 ti m ~ d v .. c ~ d ~a m ~ ~w ~® \, \ '~ ~~~ ~~V'~ "i I I - \ ~, \ ,~ ~ ~ 75B-55 pr yyFF i95 d55 { t 8 iP E3 ~[~ 33 ~E 3 ~tl E~ ~~ d~~ t~e f~~ 3P p~ S ri, ~ ~ ; 3 S i ,} ;$; A~ d ! ! 2 !li `1 ! dt FY a 3 3: ~: @ 2R ~y ~ ~~ ~ 2 ~. ii !7 ~ ~ a p 9 ~~ ~ t1 ~ ! i ~ ~3 ~ 9i 1 t 4 ~! ~ t S~ ~ ~~ ~ ~ t. i ~ ~ ~~ ~ ' 1 a a ! ~. i , ~ I P ~ i P ! ~. a e ~ a' i s of P# f i~ 2 t ~ ~P ~~ ~ ; g ~P ~ ~~ ~~ ~ !; ~~ ~~ h ~iE~ ~ ,~14a ~~ ~~Ea) ~~ ~I € ~P ii ~a ~~ P ~° !° di ~~ ~ 8i ~~ r ~; ~s d~ ~~ ~~ ~a ~~ ~~ ~~ ~~ ~~ h ~f :~ i P~ ~t ----~ / I i ~ , ,~ ; ~ - . .. i > ~ ~~ o 2 Cd I _ , W -~ Z af~ ,~N ~' ~ Z ~' w ~ 5; X .__~_ i ! € I! ,_ _ J 1 1 ~ r. '~ -' r. ~'~ .... .. I ~ ='a '~~~ i ~.:a 3a1N3J a ~ r NO11f1H ~--: ---_ ~-- i~ ~ ~,. ~ `` 1, Q K ~ r I (. r R !1 ' i ' . , ~ ~~....._.. . . r ~ ® u' R' { ' ~ l ~ i. ~,-/ G~ J ~ Q ~ /J i ~.. ~ ~ ~ ~ W - I i 1 ,! i '~ ~ ~ ~ J 'i ~ \ ~ C" C t6 a v V1 !0 E w c u 0 0 !V L l1U 0 N N ~ av c ~ m Q ~~ m ~ ~ W 75B-56 Low-Rise Condominiums The condominium portion of the project, known as the Montage ("Project"), as approved, called for the development of three separate buildings, ranging in height from 50 to 60 feet (five and six stories), containing 276 residential units. Vehicle access is provided via aright-in/right-out driveway on MacArthur Boulevard and from Sandpointe Avenue to an internal roadway. Eight residential unit types are proposed ranging from one to three bedrooms and baths. The residential styles include typical single-story condominiums, townhouses, and "live/work" units. An interior courtyard will contain a water feature and a recreation area including a tot lot, a swimming pool, a game table, a BBQ area, and a seating area. A total of 689 parking stalls will be provided on two levels of parking - one subterranean level and one above ground. The buildings will be separated by a landscaped promenade along interior-facing patios and balconies. The architectural design provides a staggered roofline, with portions extending to six stories in height. This design will provide a visual relief from that of a solid structure with a single roofline. C. Description of Proposed Project The project applicant is proposing the removal of the Cinema Lofts and the retail/restaurant components and the addition of a 185-room hotel and surface parking. The table below shows the project components that will be removed and added. It is important to note that the Final EIR analyzed 501 high-rise residential units and 14 lofts. However, the City of Santa Ana approved a configuration including 499 high-rise residential units and 15 lofts. Each of the project components, as approved by the City of Santa Ana, is discussed in more detail below. Exhibit 5 -Proposed Site Plan depicts the revised MacArthur Place South site plan. To be removed To be added Cinema Lofts (15 units and 10,000 square feet of office use) 185-room hotel Restaurant (8,580 square feet) Retail (5,291 square feet) Lake Towers The residential towers have been constructed, with a total of 349 units. The owner of the Lake Towers has submitted a proposal to the City of Santa Ana to allow for-rent units while maintaining the amenities originally approved. Traffic impacts resulting from condominium to for-rent units are analyzed herein in order to provide aworst-case analysis. The proposal to allow for-rent units has been approved by the City of Santa Ana Planning Commission, but has not been considered by the City Council at the time of this writing. No other modifications to this component of the project are proposed. Cinema Tower The Cinema Tower will be relocated south approximately 174 feet from the location analyzed in the project Final EIR. The Cinema Tower will remain west of Hutton Center Drive, across from the North Lake Tower, and 150 units are planned. Parking for the Cinema Tower will be accommodated in a future parking structure that will be located where a temporary surface parking lot is currently proposed. The surface parking lot will also be used as parking for the proposed hotel in the interim. MacArthur Place South D ~~~~ EIR Addendum o 15 75B-57 Cinema Lofts The 15 Cinema Lofts will be eliminated from the project. The lofts included resident-serving amenities such as a spa, a gym, and an amenity deck that included a pool and an outdoor terrace. Similar amenities will be provided in the Cinema Tower. Retail/Restaurant The retail/restaurant component analyzed in the EIR included three retail spaces with 5,291 square feet and two restaurant spaces with 8,580 square feet for a total of 13, 871 square feet. Parking would be provided on the surface lot. The retail/restaurant component will be eliminated to be replaced with the addition of the Marriott hotel. Low-Rise Condominiums The owner of the low-rise condominiums site has submitted a proposal to the City of Santa Ana to change the low-rise condominiums as analyzed in the MacArthur Place EIR to for-rent residential units while maintaining the amenities originally approved. Traffic impacts resulting from condominium to for-rent unit uses are analyzed herein in order to provide aworst-case analysis. The proposal to alter the land use has not been approved by the City at the time of this writing. No other modifications to this component of the project are proposed. Hotel The proposed hotel will be constructed where the retail and restaurant uses and the Cinema Tower were previously located. The 4-story hotel will have 185 rooms with approximately 100,097 square feet. Amenities will include a pool and a spa. A plan showing the hotel, the parking lot, and the existing parking structure is included as Exhibit 6 -Proposed Cinema Site Plan. A plan showing the ground floor plan for the new hotel is included herein as Exhibit 7 -Ground Floor Plan. Development will occur in one phase with the entire 185-room hotel being constructed at the same time. A total of 615 parking spaces will be provided, which will be comprised of a combination of spaces in the existing parking structure and surface parking lot. Specifically, the parking will include 133 dedicated surface parking spaces, 25 dedicated spaces from the existing office parking structure, and 475 spaces from the office parking structure available in the evening. When the Cinema Tower is constructed, a new parking structure will be built to meet the parking needs of the hotel and the Cinema Tower. MacArthur Place South D ~~~~ EIR Addendum 16 75B-58 r' -._, c . s q iE it i@ S! i iE ~ si !C ~i ii f` ~ ~ :w 1w ¢Y ! E i d ~ I~ IB ~! ~; ~~ i~ ~i ! ~~ ii !i t iE If ~9 ! II E9 _~ C i0 a v N V N N a 0 a L W r ~~ y ! t t i vS ~~ ~~ '~ ~ ~ :~ ~: 0 ti R ~ av c ~ d Q N ~ ~ W 75B-59 m = ~ e i 4 ~ ~ ~ I $ I~Ci ~ b @ m g~ k ~ i ~ ' ~ ~ ~ ~~ F Itl F+ I~= ` i Q ~ E ~ i ~~ ~ i~ 9 ] rr ~ ~ W W g g pp gg ~ i 3 8 ~ ~ ~ i i ~~ ~ ~ ~ ~ ~ i~ ~~ ~ ~ ( i i i e° ~ ~ E ` 4qE ~ g5 yi ~§ "~ ~ ~ ~~ # ~ p ~ ~! q i i ~ ~ ~ i~~ ~~ R~~ ~ ~ i 5 p @ i r A ~ 8 ~ ~ @ 71I F ] ~ ~ i P ~ OI d y1 i ! Y ~~ F y!6~ 5p I{ ~ ~ ~ ~~ 2 t ~ ~ ~4 Y t4 i E~ # @i ~~q+C- ~ ~ 9~p5y eA p` g 1 f 5 I ~ r ~ ~~ a , / `i ! ~ I I i 1~ E Y ='~ • p0 F gi pB y ~ E W i, ~ : t I i~ p P I i 1 1 - - - I ~ 61 AF t F E .. ~ YY @ 7 87E E Fa ^ao~~o o ~. o®~r~ ~,". V ! mu~*i rim t~r~~nm~anw;umtam _._ __-_. '" BurwMxM ~owavu]n ~, _ _ ~! ~ r' -- I ! 1 ~~ ~,; ~~. ~~ a ~Q ~ of c ry ~, CF 4f ~ i. BS F ~' ~~~r ~ C:E ~NY`]I NI ~W -~ m ~, aE '~ ~ ~~ ;~---- .t ~~~ - II °°- t , ''~ .° °• ~a - ~ ^ ~~\ .~ ,~ ~ t~ k f , ~~ ~ __ ,r .w `C ~~ ' ~ • ~ ~ " 1 ~~ 1. / • S • • 1~ ~~' G£ C ~ Flf ^ • / 1 t .%~ _ ~~ - ~ ~ka ;. a d i ~ - - ~ --+ --~ L =~-=-~ I •. ~' ~ ~ riv -,~ ~ 1 a a 1 1 ~E - _. t ~ oe I y UE j t~ W~~ ~ =:I. -! N]~ Wo 1 u"<~ n C m a d N A E a~ c V N (7 a 0 a ~o L W ~~ UV 0 0 rn d v E A a~ c ~ d Q ~~ m ~ fw 75B-60 1 1 1 _ _ - -- fi U o ti• o o .r O',• 'r C7 o ' f ~~Q d o lob p '.. \,.~Y~ T ~ ~ ~- ~ ~. _ ® rl © ~ ~1 ~° o • ~~ O ~ ~ ~- o =- -- O .~ ~ o ~• - ~_ o , o °~ f o:. ~ k t Q ~ m 0 ~'"O b~ O O O O • to ~~ a,.o ~i v T ~~~ ~ ~~~ Z! ~~€~ $ ~ ~8Y w~ J' I ° ~ ~~~~~~ Z arm g ~ w ;Y~~~~~~,~ m ~ ems~~ ~r,~r,~~e v~ ~ ~~b1~8~A6~~~ Q a5 r" U" QY Z. nQ OV~~ W ~ z W u< ~e ~ ommo to om o o f o 0 o q $, ,. _._-...-.. g-, -.~.. - ~-.--_. ~ Q Y Y I I Y r'f [ Y Y Y ~~~ d ~I I ,, ~~ ,,~5i.. r~'° Y a s Y~ cdY ~ ~ - O . I A ~. '-t }~ r~~, i ,' R --_ 1 9 Y ~ ~ ,_ o ~ J`' gay ~ ~ L~ .~ IQ ~B ~ v; ` --~ ~.~:~ ti 9 1 ~ :~' ~ ~ .i rv A a 0 0 v c 0 l7 r u~ N VV O 0 m ~ av ~ C ~ d Q W ~_ 111 75B-61 D. Approvals Contemplated The Addendum will require approval by the City of Santa Ana Planning Commission and the City Council. In taking action on the Addendum the City, as Lead Agency, must consider the whole of the data presented in the MacArthur Place South Final EIR and this Addendum to the EIR. The proposed hotel will undergo site plan review and will require a limited ABC license for a beer and wine bar and special event activities. Future Requirement for Determination of No Hazard The relocation of the previously approved Cinema Tower will require a new request to the Federal Aviation Administration (FAA) for a determination of No Hazard to Air Navigation. A Determination of No Hazard is issued by the FAA if it is determined that the proposed project does not have a substantial physical or electromagnetic interference effect upon navigable airspace or air navigation facilities. The original FAA Determination was issued on September 1, 2004 and expired on March 1, 2006. The Determination was based on a building location (33° 41' 55.807" latitude; 117° 51' 57.727" longitude) in approximately the same footprint as now proposed. Subsequent to the first Determination, the project proponent relocated the building 174' to the north (33° 41' 57.496" latitude; 117° 51' 57.701" longitude) and applied for a No Hazard Determination based on that location. In May 2005, the FAA issued four Determinations of No Hazard for the four corners of the relocated building. The Determinations expired on November 8, 2006. A new request will be submitted to the FAA once a construction schedule has been established for the Cinema Tower. On February 17, 2005 the Airport Land Use Commission (ALUC) chose to treat the absence of the Determination of No Hazard as an impairment of their review and voted that the project was not consistent with AELUP. At a June 16, 2005 meeting, the ALUC staff requested and the Commission agreed to find the project conditionally consistent with the AELUP and incorporated the new FAA Determinations into its decision. In June 2005, when the EIR was certified, the City of Santa Ana was inconsistent with respect to the AELUP for John Wayne Airport. On December 18, 2008, the ALUC approved the City's General Plan Airport Environs Element and deemed the City consistent. MacArthur Place South D ~~~~ EIR Addendum a 23 75B-62 Environmental Analysis For Projects with Previously Certified/Approved Environmental Documents Final Environmental Impact Report MacArthur Place South SCN 2004061140 The following analysis takes into consideration the preparation of an environmental document prepared at an earlier stage of the project and describes the modifications to the proposed project from what was analyzed in the EIR. This analysis evaluates the adequacy of the earlier document pursuant to § 15162 of the California Environmental Quality Act (CEQA) Guidelines. The Environmental Checklist is included following this analysis. Analysis of the facts related to the project will form the basis for the City of Santa Ana to determine whether any changes in the project, any changes in circumstances or any new information since the MacArthur Place EIR was certified require additional environmental review or preparation of a subsequent or supplemental EIR. I. Aesthetics The EIR determined that implementation of the project would introduce additional light and glare impacts to the project area. Mitigation measures were incorporated to reduce potential impacts to a less than significant level. Would the project: a) Have a substantial adverse effect on a scenic vista? (No Substantial Change from Previous Analysis) A complete evaluation of the aesthetics effects of the project was considered in the MacArthur Place South Final Environmental Impact Report ("EIR"). Neither the project site nor the surrounding area is considered a scenic vista. The retaiUrestaurant uses previously approved will be replaced by a four-story (55 feet tall) 185-room hotel fronting MacArthur Boulevard. The articulation and elevation of the hotel building are shown in Exhibit 8 -North and South Hotel Elevations and Exhibit 9 -East and West Hotel Elevations. While this is an increase in height from the retail/restaurant use, the adjacent development, both on site and across Main and MacArthur Boulevard, includes high- rise development. As a result, no significant impacts related to scenic vistas will occur. The 5- to 6-story (60 foot high) Cinema Lofts were a part of the project analyzed in the EIR. These lofts are no longer a part of the project. The Cinema Tower will be re-located from its previous location, adjacent to the retail/restaurant component, south to its new location, where the Cinema Lofts were planned. This southerly shift in location places the Cinema Tower south of MacArthur Boulevard by approximately 174 feet from the previously approved location. The changes as a result of the City's action on this project are not more significant than what was identified in the EIR. MacArthur Piave South D ~~~ EIR Addendum ° 25 75B-63 b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings and historic buildings within a state scenic highway? (No Substantial Change from Previous Analysis) A complete evaluation of the aesthetics effects of the project was considered in the EIR. There are no scenic resources, thus the project will have no impact regarding scenic resources. c) Substantially degrade the existing visual character or quality of the site and its surroundings? (No Substantial Change from Previous Analysis) As depicted in the EIR, parking areas and pedestrian walkways will contain attractive landscaping treatments to enhance the open space areas. Trees and shrubbery will be used around the perimeter of the hotel, providing a softening of visual impacts at street level. Palm trees, Jacaranda and Pine trees will be planted along the perimeter of the hotel with palm trees planted at the front of the hotel. A number of trellises will be incorporated into the hotel along the south, east and west sides. The trellises will include landscaping with vines or floral vines for decorative purposes. The Jacaranda and Pine trees will serve as a buffer for the hotel along MacArthur Boulevard and along the east and west sides of the hotel. An updated landscape plan is included as Exhibit 10. The project incorporates landscaping around the hotel and adjacent to the Cinema Tower location. The proposed four-story hotel is compatible with the adjacent land uses. The North and South Lake Towers are 25 stories tall, the office buildings range in height from the 8 story buildings at 200 and 201 East Sandpointe Avenue to a 14 story building at 5 Hutton Centre Drive. There is also asix-story Doubletree Hotel south of the Lake Towers. The proposed addition of the hotel and deletion of the Cinema Lofts and retail/commercial square footage does change the visual character of the site beyond what was analyzed in the EIR. However, no significant changes to the existing visual character of the site will result from the project beyond those identified in the EIR because the proposed four-story hotel is consistent with the surrounding land uses. d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? (No Substantial Change from Previous Analysis) The exterior of the hotel will predominantly be covered by a stucco finish. Due to the developed nature of the project site and the existence of a hotel just north of MacArthur Boulevard, the proposed hotel is compatible with existing uses and is not expected to substantially increase light or glare. The following Mitigation Measure is proposed to reduce any potential impacts from light and glare: Mitigation Measure AE-1- Prior to issuance of building permits the project applicant shall ensure that building plans for the proposed project shall include the use of non- reflective building materials to minimize light and glare impacts. Implementation of Mitigation Measure AE-1 will reduce light and glare and will ensure that development of the project will have no more severe impacts beyond those addressed and mitigated in the EIR. MacArthur Place South D ~^ EIR Addendum a ( 26 75B-64 O ~` ___-:is, Q ~ E~ ~~ ~'~~_i f f ° ~~ ~~ ~_ o o ~ ~ o o ~~ _ ` o ~_ ~~ o Q,,. ~.__ 0 ~~ _~_ ~ o ~ --- -_ --- - O O O ~-- o: ~ ~.g~~ ,. ~ z;t o ~ ~~9~ E ~! F~ ae O e Rio K ~~ ~~ ~ m - -- ~.: _. O - O~ --_ ~ ~ ~ ~ N C Q Y R N W W r O 2 t a+ 7 N C ~0 L L O Z t W n N VU C~ L O N ~ 'ate c ~ v Q ~~ m ~ ~w C ~'~ Q -i ~ ~~ y j~ Q ~ ' L ~~ ~_ ~u o ~ ~~ ,, ~; o ~~ ~~ ~~ o ~~ ~6 ~ a .- - .~-.~ ,~_- o ~~ n ~~i ,~';'`~ o o _- ~~~; ~~~ a _ '^ ® ~ ~~ O O 75B-65 o<' a~ uo~ ~~~ O ~ Y~ ~ ~~ e (~ ~~~_~ l~ ~ ~ x 3 dy .n.t~ ~~ 5Q o ~ ._._ . _ ~ g -:_- -- d ~M ~~~ v ~ ~~' ~ ~ ~ m _ fix. 4 ~ `• ~~ ~ ~' `' IL JI ~ I 4 ~. r r~ '~~ ~ ~~ ~~.~ `~ 4 ~` ~~ I,~- 1. ~ U ;, II~ II ~~ J - I' ~ _ ~4 ~-- 8 ~ ~ ~ ~ g~~ ° o~ m cC OV~ ~ N b Gi W N y O 2 a.+ 3 C r0 N W O~ t W VV r_~ L 5 0 ~ ~ as c ~ d Q ~~ m ~ ~ W 75B-66 S`I ~i _. ~ ,q !F NNld Y315VW 3dVJSONVl 3JdlE tlflHlbV JVVV it~F~~4~~~ 1 3 ; ,ru~ir, rme ntivs ~c ei~o Nb'ld ?J31SVW 3~b'ld 21f1H1?Jb'~oW E i 6 E 6 4 z l p ; !. ...e. .. ~r '1 :~ '{ . a 5. ~~ 1~ ~ + ~ : F B ~ ,. -;x ~-~ ~~a. ` „'~ * ~ i + Miaro b~O'~ 3 ~ + C dy i~ ~ k a '.8 3 ~ ~ ~°!' ~9,y ~ I a ¢ i r ~~~ ss ar ~. , r, _ ~` ~ :I ~ ,~_ W ~'. k~ ,~ ~ i, ~ M. T, > ,, _ _ ~e ,~~~~~~«a~y' it r f+ c t a~ W h -.. -_ .. ~ ~ y,~ ,.. ._ ~~ i 3~ r ~ F ' ] { y. r ~~ . - 4 ~ _ d ~ S 5 i • F ~ •' a n W ~`' - t~' f ~> s ~~ }} ~ ~i !. -" C~.I ~ & e ~.. Y. ~ •. m "~ u ti .. ......... ------- v ~ ~ ~ ., ~e~xn ~ - - {,. 5b ~ ~ ~ 7 > ~ ~ 3sw..o," ~ 1 R +~' ~ ~ ~. j ,S ~_ ~v- § » C R) a a ro v N C R J 0 L X W in 0 L O to d v E m a c' c ~ d L 'p Q A ~_ w 75B-67 II. Air Quality The Air Quality analysis in the EIR was based on CEQA Guidelines thresholds. Short-term construction activity impacts exceeded significance thresholds for ROG due to the application of architectural coatings. Mitigation measures were included to minimize these unavoidable adverse impacts. The EIR analysis determined that project-related operational emissions will exceed the South Coast Air Quality Management District (SCAQMD) significance thresholds for CO, ROG and NOx primarily due to area source (consumer product) emissions. Mitigation measures were proposed to minimize the long-term unavoidable adverse impacts. Cumulative air quality impacts from the MacArthur Place South project were analyzed in the EIR and were determined to be significant and adverse when added to the existing non-attainment levels of the South Coast Air Basin. A statement of overriding considerations was adopted. Since the certification of the EIR, the state legislature passed AB 32 known as the Global Warming Solutions Act. This Addendum provides informa- tion related to greenhouse gas emissions impacts. An updated Trip Generation Evaluation (Traffic Evaluation), dated April 1, 2009, was prepared by Urban Crossroads. This evaluation is included herein as Appendix A. For purposes of air quality impacts, the Traffic Evaluation concludes that the elimination of the identified project components, the addition of the hotel and the conversion of the Lake Towers and low-rise Montage condominiums to apartment uses will result in a total of 83 fewer trips in the AM peak hour, 105 trips in the PM peak hour and 758 fewer trips on a daily basis. The revised project will result in less air quality impacts due to traffic emissions than the project approved in the EIR. a) Would the project conflict with or obstruct implementation of the applicable air quality plan? (No Substantial Change from Previous Analysis) Since the certification of the EIR, additional legislation requires the analysis of potential greenhouse gas (GHG) impacts due to development. State of California Assembly Bill 32 (AB 32), known as the Global Warming Solutions Act, was passed in August 2006. AB 32 requires that levels of GHG be reduced to 1990 levels by the year 2020. There are currently no federal regulations on the reduction of GHG to reduce their effects on global climate changes. Senate Bill 97 (SB 97) requires that the Governor's Office of Planning and Research develop guidelines for CEQA compliance related to GHG emissions, including mitigation measures for the reduction of GHG. The guidelines are required to be prepared on or before July 1, 2009. Global climate change in the weather of the earth can be measured by wind patterns, storms, precipita- tion and temperature. Climatic factors are divided between those caused primarily by human activity (such as greenhouse gas emissions and aerosol emissions) and those caused by natural forces (such as solar irradiance). A primary cause of greenhouse gas emissions is the burning of fossil fuels. There is currently no single model that is capable of estimating all of a project's direct and indirect GHG emissions.' The California Air Pollution Control Officers Association whitepaper notes that one of the most consistently used models for emissions estimates is the Urban Emissions Model (URBEMIS).2 The URBEMIS model was used in the EIR to assess emissions for the project. URBEMIS is designed to model emissions associated with development of urban land uses. URBEMIS attempts to summarize criteria air pollutants and COZ emissions that would occur during construction and operation of new development. This model was developed and approved by the California Air ' California Air Pollution Control Officers Association, CEQA & Climate Change (Evaluating and Addressing Greenhouse Gas Emissions from Projects Subject to the California Environmental Quality Act), January 2008. Z Ibid. MacArthur Place South ~ ~~~~ EIR Addendum o 33 75B-68 Resources Board (GARB) and ensures statewide consistency in how COZ emissions are modeled and reported from various project types. The URBEMIS model is the most effective tool for assessing COZ greenhouse gas emissions available to date. The EIR identified air quality impacts that would result from project implementation, both short-term construction and long-term operational. As detailed in the EIR, project-related operational emissions will exceed the SCAQMD significance thresholds for CO, ROG, and NOx primarily due to area source (consumer product) emissions. These are considered an unavoidable adverse impact. Additionally, construction activity impacts will exceed significance thresholds for ROG due to application of architectural coatings. The removal of the Cinema Lofts and the retail/restaurant uses, and addition of the hotel is not anticipated to either greatly alleviate or greatly increase project impacts from what was analyzed in the EIR. Thus, the project's impacts on air quality are anticipated to remain the same as the original project's impacts, which on a cumulative basis are significant and adverse. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. b) Would the project violate any air quality standard or contribute substantially to an existing or projected air quality violation? (No Substantial Change from Previous Analysis) The Air Quality Assessment in the EIR included projected COZ emissions for demolition, mass grading, fine grading, trenching, building construction, architectural coatings, and asphalt emissions. Construction and operational emissions are difficult to assess, given that no thresholds for greenhouse gases have been established. Typical thresholds are based on types of use, such as residential, office, or retail, and are further defined by such things as number of units and square footage. The project will include a construction phase during which heavy equipment will be used for demolition, grading, and construction. The construction schedule for the lofts, retail and restaurant portion of the previous project was 14 months for complete build out, and the construction schedule for the proposed project is anticipated to be the same. Short-term impacts in the area of greenhouse gases will be due to the use of heavy equipment. Short-term construction related impacts were limited to ROG emissions from architectural coatings. As detailed in the EIR, ROG emissions still exceed threshold levels even with the use of all available measures if all project paints and coating were applied in a single month. Thus, air quality impacts from construction of the proposed project will not change substantially from the previous analysis. As noted, in the EIR, the MacArthur Place South project will exceed thresholds for CO, ROG, and NOX in the long-term operational use. Long-term project-related impacts include exceeding the South Coast Air Quality Management District (SCAQMD) significance thresholds for CO, ROG, and NOx primarily due to area source (consumer product) emissions. The addition of the 185-room hotel will result in an increase in CO due to consumer product emissions by the hotel guests. The proposed reduction in unit size (removal of 15 units because the Cinema Logs will not be built) could result in lower population estimates, which could reduce consumer use emissions. The EIR includes mitigation measures to reduce and minimize air quality impacts. The following Mitigation Measure is proposed in order to further minimize the incremental increase from greenhouse gases during construction of the hotel: Mitigation Measure AQ-1 -During design and construction, the project developer shall incorporate features into the project that will minimize impacts from greenhouse gas emissions such as planting onsite trees as a means of providing carbon storage, promoting energy saving measures beyond Title 24 requirements, and encouraging the use of Energy Star equipment and appliances. MacArthur Place South ~ ~~~~ EIR Addendum o 34 75B-69 Implementation of Mitigation Measure AQ-1 will result in fewer operational emissions, resulting in no substantial change from the previous analysis in the area of greenhouse gases. c) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard Including releasing emissions which exceed quantitative thresholds for ozone precursors? (No Substantial Change from Previous Analysis) The EIR identified cumulatively significant air quality impacts that would result from project implementation. The retail/restaurant component of project will be replaced by the 185-room hotel and the Cinema Lofts will no longer be built. In addition, revised total daily traffic estimates result in 758 fewer trips than the originally approved project, reducing air quality impacts due to traffic. Although changes to the project are proposed, no new or significant impacts will occur. Therefore, the EIR remains adequate and complete for this topic. d) Would the project expose sensitive receptors to substantial pollutant concentrations? (No Substantial Change from Previous Analysis) The EIR identified air quality impacts related to sensitive receptors with project implementation. No changes have occurred in this area from the analysis provided. Therefore, the EIR remains adequate and complete for this topic. e) Would the project create objectionable odors affecting a substantial number of people? (No Substantial Change from Previous Analysis) The EIR identified air quality impacts that would result from project implementation. The project involves the addition of a four-story hotel and removal of the Cinema Lofts and the retail/restaurant uses. If the hotel includes a restaurant, impacts would be substantially the same as the restaurant previously analyzed and now removed. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. III. Geology and Soils The EIR noted that the proposed project could be subject to potentially significant adverse geologic impacts. Mitigation measures were included to reduce impacts to a less than significant level. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of known fault? Refer to Division of Mines and Geology Special Publication 42 (No Substantial Change from Previous Analysis) The EIR included mitigation measures designed to minimize impacts due to the settlement potential and high moisture content of the soils. The proposed hotel will replace the retail/restaurant component of the project. The Cinema Lofts will be eliminated and the Cinema Tower will eventually be relocated south of the hotel. The hotel will have no different geological impacts from what was analyzed in the EIR. No changes have occurred in this area from the analysis provided in the EIR. The development of the project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. MacArthur Place South ~ ~~~~ EIR Addendum c~ 35 75B-70 ii) Strong seismic ground shaking? (No Substantial Change from Previous Analysis) The EIR included mitigation measures designed to minimize impacts due to strong seismic ground shaking. No changes have occurred in this area from the analysis provided in the EIR. The development of the project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. ZIZ) Seismic-related ground failure, including liquefaction? (No Substantial Change from Previous Analysis) The EIR included mitigation measures designed to minimize impacts due to seismic-related ground failure. No changes have occurred in this area from the analysis provided in the EIR. The development of the project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. iv) Landslides? (No Substantial Change from Previous Analysis) The EIR included mitigation measures designed to minimize impacts due to landslides. No changes have occurred in this area from the analysis provided in the EIR. The development of the project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. b) Result in substantial soil erosion or the loss of topsoil? (No Substantial Change from Previous Analysis) The EIR included mitigation measures designed to minimize impacts due to soil erosion or loss of topsoil. The following Mitigation Measure is from the EIR and will reduce erosion. Mitigation Measure G-1 -During grading operations, the project applicant shall ensure special handling of on-site soils as required by the City of Santa Ana due to the high moisture content of the soils, which is well above optimum moisture conditions. The City of Santa Ana shall monitor the grading contractor to ensure stabilization of the soils during grading prior to placing and compacting fill soils over wet subgrade soils, as recommended in the geotechnical investigation prepared by Geotechnical Professionals, Inc. Implementation of mitigation measures in the EIR will reduce project impacts relating to erosion to a less than significant level. Thus, development of the project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. c) Be located on geologic unit or soil that is unstable or that would become unstable as a result of the project and potentially result in onsite or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? (No Substantial Change from Previous Analysis) The EIR included mitigation measures designed to minimize impacts due to unstable soil. No changes have occurred in this area from the analysis provided in the EIR. The development of the project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. d) Be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating substantial risks to life or property? (No Substantial Change from Previous Analysis) The EIR included mitigation measures designed to minimize impacts relating to expansive soil. No changes have occurred in this area from the analysis provided in the EIR. The development of the project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. MacArthur Place South ~ ~~~~ EIR Addendum c~ 36 75B-71 e) Have soils incapable of adequately supporting the use of septic tanks or alternative water disposal systems where sewers are not available for the disposal of water? (No Substantial Change from Previous Analysis) The EIR included mitigation measures designed to minimize impacts relating to geology and soils. The project will not include the use of septic systems or alternative water disposal systems. No changes have occurred in this area from the analysis provided in the EIR. The development of the project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. IV. Hazards and Hazardous Materials The EIR noted that the proposed project could be subject to potentially significant adverse hazards and hazardous materials impacts. Mitigation measures included in the EIR would reduce potential impacts to a level that would be less than significant. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? (No Substantial Change from Previous Analysis) A Phase I Preliminary Environmental Site Assessment and a Phase II Screening Subsurface Assess- ment were performed and discussed in the EIR. No changes have occurred in this area from that analysis. Therefore, the EIR as certified will remain adequate and complete for this topic. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (No Substantial Change from Previous Analysis) Neither the construction nor the operation of the proposed project will involve hazardous materials that might unwittingly be released into the environment. Therefore, there will be no impact due to the accidental release of such materials. The EIR as certified will remain adequate and complete for this topic. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (No Substantial Change from Previous Analysis) The project involves the construction of a 185-room hotel, and no hazardous or acutely hazardous materials, substances, or waste will be emitted by the normal operation of the project. No changes have occurred in this area from the analysis provided in the EIR. The development of the project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. d) Be located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (No Substantial Change from Previous Analysis) The proposed site is not included on a list of hazardous materials sites and would not create a significant hazard to the public or the environment. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. MacArthur Place South ~ ~~~~ EIR Addendum a 37 75B-72 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (No Substantial Change from Previous Analysis) The nearest public use airport, John Wayne Airport, is approximately 1.1 miles from the site. The FAA previously issued two Determinations of No Hazard for two different locations of the Cinema Tower. As described in the Introduction, Section C, both Determinations have expired. The proposed relocation of the Cinema Tower will require a new aeronautical study by the FAA at a future time when the Cinema Tower is scheduled for construction. Miti~?ation Measure H-1 -Prior to the issuance of a building permit, the project developer shall provide evidence to the Planning Manager that an FAA Determination of No Hazard to Air Navigation has been obtained for the relocated Cinema Tower. The project developer shall demonstrate compliance with any conditions imposed by the FAA in their Determination. Implementation of the above mitigation measure will ensure that no new or more severe impacts beyond those addressed and mitigated in the EIR will occur. Therefore, the EIR remains complete and adequate as it relates to hazards. ~ For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? (No Substantial Change from Previous Analysis) The project is not located within the vicinity of a private airstrip and, therefore, would not expose people residing or working in the project area to a safety hazard. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (No Substantial Change from Previous Analysis) The construction of the proposed project will not produce any physical constraints or impair an adopted emergency response plan or an emergency evacuation plan. Standard conditions have been imposed regarding provision of fire access roads and fire lane markings as well as project review by the Fire Authority. As analyzed in the EIR, there will be no impact related to impairment of emergency response plans or emergency evacuation plans. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (No Substantial Change from Previous Analysis) The EIR identified potential impacts in the area of hazards and hazardous materials that would result from project implementation. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. V. Hydrology and Water Quality Hydrology and water quality impacts due to short-term construction activities and long-term operation were identified in the EIR. Mitigation measures were included to reduce potential impacts to less than significant. Mitigation measures from the EIR are incorporated herein by reference and include HW-1 thru HW-11, which, per the EIR, reduced project impacts to a less than significant level. These mitigation measures will be implemented as part of the project and will reduce short-term construction and long-term operational impacts to a less than significant level. MacArthur Place South ~ ~~~~ EIR Addendum o 38 75B-73 a) Would the project violate any water quality standards or waste discharge requirements? (No Substantial Change from Previous Analysis) A Preliminary Hydrology Study of Existing and Proposed Conditions and a Water Quality Manage- ment Plan were prepared for the MacArthur Place South project. The EIR identified impacts to hydrology and water quality that would result from project implementation. Recommendations from the technical studies for hydrology and water quality will continue to be observed. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. b) Would the project substantially deplete groundwater supplies or interfere substantially with groundwater recharge? (No Substantial Change from Previous Analysis) No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on or off site? (No Substantial Change from Previous Analysis) The EIR identified impacts to the existing and proposed drainage for the proposed project and described the requirements to mitigate impacts to hydrology and water quality. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. d) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? (No Substantial Change from Previous Analysis) The EIR identified impacts to hydrology and water quality that would result from project implementa- tion. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. e) Would the project create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (No Substantial Change from Previous Analysis) The EIR identified impacts due to runoff that would result from project implementation. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. f) Would the project otherwise substantially degrade water quality? (No Substantial Change from Previous Analysis) The EIR addressed potential impacts to water quality and included mitigation measures to reduce impacts. Mitigation Measures HW-1 through HW-11 included in the EIR are incorporated herein by reference and will be implemented to reduce impacts. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. g) Would the project place housing within a 100 year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (No Substantial Change from Previous Analysis) The EIR identified impacts to hydrology and water quality that would result from project implementa- tion. The project is not located in a 100-year flood hazard area. No changes have occurred in this area MacArthur Place South ~ ~~~~ EIR Addendum c~ 39 75B-74 from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. h) Would the project place within a 100 year flood hazard area structures that would impede or redirect flood flows? (No Substantial Change from Previous Analysis) The EIR identified impacts related to flood hazards that would result from project implementation. The project is not located in a 100-year flood hazard area. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. i) Would the project expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (No Substantial Change from Previous Analysis) The EIR identified impacts related to flooding that would result from project implementation. The project is not located in the vicinity of a levee or a dam. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. j) Inundation by seiche, tsunami or mudflow? (No Substantial Change from Previous Analysis) The EIR identified impacts related to inundation by seiche, tsunami, or mudflow that would result from project implementation. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. VI. Land Use and Planning Would the project: a) Physically divide an established community? (No Substantial Change from Previous Analysis) The project site is comprised of an office park and as a result, no established community exists. Thus, the project will not physically divide an established community. Therefore, the EIR remains adequate and complete for this topic. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance adopted for the purpose of avoiding or mitigating an environmental effect? (No Substantial Change from Previous Analysis) The City's General Plan land use designation for the project site is District Center (DC), which specifically allows mixed-use development. Hotels are a permitted use in the DC designation. As detailed in the EIR, the project site underwent a zone change from General Commercial (C2) to the Specific Development (SD) zone. The project, as proposed, will have no new or more severe impacts beyond those addressed in the EIR. Therefore, the EIR remains adequate and complete. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? (No Substantial Change from Previous Analysis) No habitat conservation or natural community conservation plan is applicable to the proposed project. The project will have no new or more severe impacts beyond those addressed in the EIR. Therefore, the EIR remains adequate and complete with respect to this topic. MacArthur Place South ~ ~~~~ EIR Addendum o 40 75B-75 i VII. Noise As detailed in the EIR, construction operations would increase existing noise levels for the short term, and residential land uses would be subject to significant adverse long-term noise impacts. Mitigation measures were included in the EIR to reduce noise impacts to a less than significant level. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (No Substantial Change from Previous Analysis) The EIR identified short-term noise impacts from on-site demolition and construction activities. The primary source of construction noise is heavy equipment. The mitigation measures in the EIR reduced potentially significant short-term construction noise impacts to a less than significant level. The EIR identified long-term noise impacts as mobile source noise impacts from traffic, aircraft noise impacts from John Wayne Airport, and operational noise from the operation of the project components. However, the removal of the restaurant/retail and office/lofts component of the project, in addition to the conversion from condominium to apartment uses for the Lake Towers and the low-rise residential component, will reduce traffic by 758 daily trips. This is an additional benefit in conjunction with the mitigation measures in the EIR, which reduced potentially significant long-term noise impacts to a less than significant level. The addition of the hotel in the proposed project is anticipated to generate noise. However, implementation of the mitigation measures from the EIR and the additional mitigation measures in Section VII.c below will reduce impacts to a less than significant level. Development of the project will have no new or more severe impacts beyond those addressed in the EIR. Therefore, the EIR remains adequate and complete with respect to this topic. b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (No Substantial Change from Previous Analysis) Mitigation measures were identified to reduce noise impacts in the EIR. As detailed in the EIR, the Noise Study concluded that construction will generate excessive groundborne vibration or groundborne noise levels. However, because this will only occur during the construction phase of the project, the Noise Study concluded that this impact is not considered significant. Construction of the Cinema Lofts and the retail/restaurant component of the project have been eliminated and a 185-room hotel will be constructed in its place. Construction of the proposed hotel is expected to produce groundborne vibration or groundborne noise levels comparable to the retail/restaurant and the Cinema Logs previously planned on site. Mitigation measures in the EIR will be implemented to reduce groundborne vibration/noise levels. These findings and the related mitigation measures from the EIR also apply to the proposed project. Development of the project will have no new or more severe impacts beyond those addressed in the EIR. Therefore, the EIR remains adequate and complete with respect to this topic. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (No Substantial Change from Previous Analysis) Operational noise impacts resulting from the retail/restaurant uses will no longer apply because the 8,580 square feet of restaurant and 5,291 square feet of retail development are no longer a part of the project. The hotel, which is a new component replacing the retail/restaurant uses, will be open 24 hours a day, 7 days a week. It is anticipated that noise will be comparable to that previously analyzed. In MacArthur Place South ~ ~~~~ EIR Addendum c~ 41 75B-76 order to ensure that no additional impacts result, the mitigation measures below are included to reduce noise impacts to a less than significant level. Mitigation Measure N-1 -During operation of the hotel, the project developer shall ensure that truck deliveries to the hotel shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. Delivery trucks shall not be permitted to idle in the parking lots or loading areas and shall be required to have properly maintained, factory-approved mufflers. Delivery truck drivers shall be encouraged to minimize acceleration and maintain reduced vehicle speeds while on-site. Mitigation Measure N-2 -During project construction for the hotel, the project contractor shall verify that structural designs and acoustical baffling are implemented to reduce noise levels from mechanical equipment (ventilation fans, air conditioning, and refrigeration units and their associated inlet and exhaust systems) to a level that complies with the City's Municipal Code noise ordinance standards reproduced in the table below (and also reproduced in the EIR). City of Santa Ana Exterior Noise Ordinance Standards Noise Level That May Not Be Daytime Night Exceeded for More Than 7:00 a.m. -10:00 p.m. 10:00 pm. - 7:00 a.m. 30 minutes in any hour 55 dB(A) 50 d6(A) 15 minutes in any hour 60 dB(A) 55 dB(A) 5 minutes in any hour 65 dB(A) 60 d6(A) 1 minute in any hour 70 d6(A) 65 dB(A) Any time 75 d6(A) 70 d6(A) Source: Section 18-312 of the City of Santa Ana Municipal Code Implementation of the above mitigation measures will ensure that no new or more severe impacts beyond those addressed and mitigated in the EIR will occur. Therefore, the EIR remains complete and adequate as it relates to noise. In regard to traffic noise impacts, the project as proposed will result in 758 fewer trips per day than the approved project. Noise impacts due to traffic will be less than originally analyzed. Therefore, the EIR remains adequate and complete with respect to noise impacts from traffic. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (No Substantial Chauge from Previous Analysis) Development of the project will have no new or more severe impacts related to ambient noise levels beyond those addressed in the EIR. While certain components of the project are being removed, they are being replaced with similar uses in a mixed-use environment. Therefore, the EIR remains adequate and complete with respect to this topic. e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (No Substantial Change from Previous Analysis) John Wayne Airport is approximately 1.1 miles south of the project site. However, the project site is outside of both Noise Impact Zones I and 2. Mitigation measures have been identified to reduce the potential to expose people residing or working in the project area to excessive noise levels. Develop- ment of the project will have no new or more severe impacts beyond those addressed in the EIR. Therefore, the EIR remains adequate and complete with respect to this topic. MacArthur Place South ~~ ~~~~ EIR Addendum ~I.-~ o 42 75B-77 f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (No Substantial Change from Previous Analysis) Development of the project will have no new or more severe impacts beyond those addressed in the EIR. The project is not located in the vicinity of a private airstrip. Therefore, the EIR remains adequate and complete with respect to this topic. VIII. Population and Housing Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example through extension of roads or other infrastructure)? (No Substantial Change from Previous Analysis) The proposed project will result in fewer residential units than what was analyzed in the EIR because the Cinema Lofts will be not be built. The project will reduce the number of residential units analyzed in the EIR by 15. The proposed project will have no more severe impacts than analyzed in the EIR and the City's General Plan. Therefore, the EIR remains adequate and complete for this topic. b) Displace substantial number of existing housing, necessitating the construction of replacement housing elsewhere? (No Substantial Change from Previous Analysis) No existing housing will be disturbed with implementation of the proposed project, as none exists on the site. Development of the project will have no new or more severe impacts beyond those addressed in the EIR. Therefore, the EIR remains adequate and complete with respect to this topic. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (No Substantial Change from Previous Analysis) As noted in item b) above, no existing housing will be disturbed with implementation of the project. Therefore, the EIR remains adequate and complete with respect to this topic. IX. Public Services The EIR identified potential impacts to service providers as a result of the proposed project. However, measures were included to ensure that coordination would occur with public service providers to minimize any potential impacts from occurring. a) Would the project result in substantial adverse impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services? Fire Protection? Police Protection? Schools? Parks? Other Public Facilities? (No Substantial Change from Previous Analysis) The proposed project will require fire, police, and emergency services. Mitigation Measures in the EIR were designed to minimize potential impacts to such services. The addition of the hotel will result in a potential increased need for such services. The Police and Fire Department were consulted regarding the proposed project and its potential impacts to Police, Fire and emergency services. Staff members in the City's Planning Division verified with the Police and Fire Departments in the City of Santa Ana that the addition of the 185 room hotel will not impact their services to the City. The EIR provides for coordination with public service providers to ensure their ability to serve the project. The project will MacArthur Place South ~ ~~~~ EIR Addendum v 43 75B-78 have no new or more severe impacts to fire, police, and emergency services beyond those addressed and mitigated in the EIR. Therefore, the EIR remains adequate and complete with respect to this topic. X. Recreation The EIR provides for the payment of Park Acquisition and Development Fees, parkland dedication or in-lieu fee payments to reduce impacts to recreation facilities. a) Would the project increase the use of existing neighborhood and regional parks of other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (No Substantial Change from Previous Analysis) An evaluation of the impacts to recreation related to the project was presented in the EIR. As noted in the EIR, the proposed project will include on-site recreation amenities for residents of the condominiums. The proposed project reduces the number of residential units by 15. Additionally, the proposed project removes the Cinema Lofts analyzed in the EIR. The recreational amenities in the Cinema Lofts included an open-air amenity deck, a pool and outdoor area, a health spa, and a gym. Recreational amenities such as these will be provided in the Cinema Tower. The proposed hotel includes an activity lawn and apool/spa. The project will have no new or more severe impacts beyond those addressed in the EIR. Therefore, the EIR remains complete and adequate as it relates to this topic. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? (No Substantial Change from Previous Analysis) As part of the proposed project, the hotel includes apool/spa and an activity lawn and, as mentioned above, recreational amenities will be provided in the Cinema Tower. The project will have no new or more severe impacts beyond those addressed in the EIR. Therefore, the EIR remains complete and adequate as it relates to this topic. XI. Transportation/Traffic A Traffic Study was prepared by Urban Crossroads in October 2003 and revised in October 2004 for the MacArthur Place South project. The EIR included analysis based on that study. Urban Crossroads has prepared a Trip Generation Evaluation (Traffic Evaluation) dated April 1, 2009 for this Addendum analyzing traffic impacts resulting from the elimination of identified project components and the addition of a hotel component. The following traffic analysis is based on the 2009 Traffic Evaluation, which is included herein as Appendix A. The Traffic Evaluation incorporated trip generation rates from the recently published Institute of Transportation Engineer's (ITE) information report entitled "Trip Generation" (8"' Edition, 2008). The 2003/2004 Traffic Study incorporated trip generation rates from the 7`" Edition ITE Trip Generation Rates. The 2009 Traffic Evaluation notes that the only categories with rate changes are ITE code 850 (AM and PM peak hour) and ITE code 932 (PM peak hour). These rates are applied to supermarket and high turnover (restaurant) uses. The table below, Trip Generation Rates, identifies the rates used to calculate traffic generation for the proposed project. MacArthur Place South ~ ~~~~ EIR Addendum o 44 75B-79 Trip Generation Rates Peak Hour Tri Rates AM PM Land Use ITE Code Units' In Out Total In Out Total Daily Residential condoltownhouse 230 DU 0.07 0.37 0.44 0.35 0.17 0.52 5.81 High rise res. condoltownhouse 232 DU 0.06 0.28 0.34 0.24 0.14 0.38 4.18 Mid-rise apartmentz 223 DU 0.09 0.21 0.30 0.23 0.16 0.39 4.68 High rise apartment 222 DU 0.08 0.22 0.30 0.21 0.14 0.35 4.20 Business hotel 312 occupied room 0.34 0.24 0.58 0.37 0.25 0.62 7.27 Movie theater wlo matinee 443 TSF nom3 nom nom 5.79 0.37 6.16 78.06 Single-tenant office building 715 TSF 1.6 0.20 1.80 0.26 1.47 1.73 11.57 Supermarket 850 TSF 2.19 1.40 3.59 5.36 5.14 10.50 102.24 High-turnover (sit down) restaurant 932 TSF 5.99 5.53 11.52 6.58 4.57 11.15 127.15 Source: ITE (Institute of Transportation Engineers) Trip Generation Manual, 8"~ Edition, 2008. 1 DU =dwelling units, TSF =thousand square feet 2 Daily trip rate based on PM peak hour rate and PM peak to daily relationship for high rise apartments 3 Nom -nominal, near zero Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i. e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (No Substantial Change from Previous Analysis) The EIR identified significant impacts due to the increase in traffic from the MacArthur Place South project. Mitigation Measures were included in the EIR to minimize the impacts. The 2009 Traffic Evaluation concluded that the proposed project, as detailed in this Addendum, would result in reduced trip generation for all timeframes evaluated. The reduction in traffic volumes is partly due to the analysis based on using the optional alternative for high- and low-rise apartment units rather than condominium units. The table below (Currently Approved Project Trip Generation Summary) details the currently approved project trip summary. Currently Approved Project Trip Generation Summary Peak Hour AM PM Land Use ITE Code Quantity Units' In Out Total In Out Total Daily Condominium project (5-story) 230 276 DU 19 102 121 97 47 144 1,604 Lake Towers (high-rise condos) 232 349 DU 21 98 119 84 49 133 1,459 Cinema Tower condominiums 232 150 DU 9 42 51 36 21 57 627 Townhomes 230 15 DU 1 6 7 5 3 8 87 Office condos (single-tenant) 715 10 TSF 16 2 18 3 15 18 116 Retail 850 5.35 TSF 12 7 19 29 27 56 547 High-turnover (sit down) restaurant 932 8.55 TSF 51 47 98 56 39 95 1,087 Future use traffic total 129 304 433 310 201 511 5,527 Internal capture (5%) 6 15 21 16 10 26 276 Future use external traffic total 123 289 412 294 191 485 5,251 MacArthur Place South ~1 ~~~~ EIR Addendum ~~-.~~ c~ 45 75B-80 Peak Hour AM PM Land Use ITE Code Quantity Units' In Out Total In Out Total Daily Existing uses demolished Theater (20°~ utilization of 40 TSF)2 443 8.0 TSF 0 0 0 46 3 49 624 Restaurant (sports grill)3 932 12.0 TSF 0 0 0 79 55 134 1,526 Existing traffic total - - - 0 0 0 125 58 183 2,150 Net new traffic total (future external -existing) 123 289 412 169 133 302 3,101 Source: i i t (institute of I ransportation Engineers) Trip Generation Manual, 8°i Edition, 2008. 1 DU =dwelling units, TSF =thousand square feet 2 Theater utilization of 20% full occupancy at the time traffic counts were conducted. 3 Sports grill assumed to generate no AM peak hour traffic. The table below (Proposed Project Trip Generation Summary) details the proposed project trip generation summary based on the current ITE Trip Generation Manual. Proposed Project Trip Generation Summary Peak Hour AM PM Land Use ITE Code Quantity Units' In Out Total In Out Total Daily Condominium project (5-story) 230 276 DU 25 58 83 63 44 107 1,292 Lake Towers (high-rise condos) 222 349 DU 28 77 105 73 49 122 1,466 Cinema Tower condominiums 232 150 DU 9 42 51 36 21 57 627 Business hotel 312 185 occupied rm 63 44 107 68 46 114 1,345 Future use traffic total 125 221 346 240 160 400 4,370 Internal capture (5°h) 6 11 17 12 8 20 237 Future use extemal traffic total 119 210 329 228 152 380 4,493 Existing uses demolished Theater (20% utilizaton of 40 TSF 443 8.0 TSF 0 0 0 46 3 49 624 Restaurant (sports grill)3 932 12.0 TSF 0 0 0 79 55 134 1,526 Existing traffic total - - - 0 0 0 125 58 183 2,150 Proposed project net new traffic total (future extemal -existing) 119 210 329 103 94 197 2,343 Currently approved project net new traffic total 123 289 412 169 133 302 3,101 Difference (Proposed -Approved) -4 -79 ~3 -66 -39 -105 -758 Source: ITE (Institute of Transportation Engineers) Trip Generation Manual, 8°i Edition, 2008. 1 DU =dwelling units, TSF =thousand square feet 2 Theater utilization of 20%full occupancy at the time traffic counts were conducted. 3 Sports grill assumed to generate no AM peak hour traffic. As shown in the tables above, impacts due to traffic would be reduced with the proposed project. Therefore, the EIR remains complete and adequate as it relates to traffic, and the project, as currently proposed, would not result in an increase in the number of vehicle trips, the volume-to-capacity ratio on roads, or congestion at intersections. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (No Substantial Change from Previous Analysis) The EIR addressed traffic impacts to surrounding streets and freeways. Mitigation measures were included to reduce impacts. Fair share contributions towards proposed improvements will reduce impacts to a less than significant level. The proposed project will result in fewer daily trips than the project as analyzed in the EIR, and no new or more significant impacts will occur. Therefore, the EIR MacArthur Place South ~ ~~~~ EIR Addendum o 46 75B-81 remains complete and adequate in regards to analysis of exceeding, either individually or cumulatively, levels of service established by the county congestion management agency. c) Result in a change in air traj~c patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No Substantial Change from Previous Analysis) No change in air traffic patterns will occur as a result of the proposed project. Therefore, the EIR remains complete and adequate as it relates to this topic. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (No Substantial Change from Previous Analysis) The analysis in the EIR considered traffic impacts on the existing streets within the project site and in the surrounding area. No design features or incompatible uses are proposed that would substantially increase hazards. Therefore, the EIR remains adequate and complete for this topic. e) Result in inadequate emergency access? (No Substantial Change from Previous Analysis) Emergency access exists within the development area of the proposed project, and no changes or modifications are proposed in this Addendum. Therefore, the EIR remains complete and adequate as it relates to emergency access. ~ Result in inadequate parking capacity? (No Substantial Change from Previous Analysis) Parking requirements were analyzed in the EIR, and provision was made for the required amount of parking for all components of the project. To accommodate the proposed hotel included in this Addendum, a total of 615 parking spaces will be provided comprised of a combination of spaces in the existing parking structure and surface parking lot until the Cinema Tower is constructed. When the Cinema Tower is constructed, a new parking structure will be built to meet the parking needs of the hotel and the Cinema Tower. No new parking impacts will occur with implementation of the proposed project. Therefore, the EIR remains complete and adequate for the provision of required parking. g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (No Substantial Change from Previous Analysis) The proposed project will not conflict with adopted policies, plans or programs supporting alternative transportation. Therefore, the EIR remains complete and adequate as it relates to this topic. XII. Utilities and Service Systems The retail/restaurant and the Cinema Lofts components of the previously approved project will be removed, and the hotel will replace the retail and restaurant uses. The Cinema Lofts location will eventually accommodate the relocated Cinema Tower. The City of Santa Ana has confirmed that a 12-inch sewer main has recently been constructed that will meet the sewer needs of the proposed hotel. Additionally, as detailed below, staff in the City's Public Works Department has also indicated that adequate water infrastructure exits to support the project. The technical reports prepared for the EIR were relied upon to calculate the proposed project's impacts on water and sewer demand. Please see Sections XII.b and XII.d below for an analysis of water and sewer demand compared to the previously approved project. a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (No Substantial Change from Previous Analysis) The addition of the 185-room hotel and removal of the retaiUrestaurant and Cinema Lofts are not anticipated to exceed wastewater treatment requirements. Please refer to Sections XII.b and XII.d MacArthur Place South ~ ~~~~ EIR Addendum o 47 75B-82 below. Mitigation measures were designed to minimize potential impacts to utilities and service systems. The project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (No Substantial Change from Previous Analysis) Mitigation measures were designed to minimize potential impacts to utilities and service systems. As detailed in correspondence with the City of Santa Ana Planning Division and Public Works Agency, the proposed hotel project sewer discharge need will be addressed by a new 12" sewer main that was recently constructed in MacArthur Place. More than adequate water and sewer infrastructures have been constructed by the project applicant at the proposed hotel project frontage to meet the project's water and sewer needs. The data from the Walden and Associates Domestic Sewer Technical Report for MacArthur Place dated March 3, 2004 and revised January 14, 2005 was utilized to calculate the proposed project impacts on sewer demands. The following components will not be a part of the proposed project: retail, restaurant, and commercial/residential components of the Cinema Lofts. The sewer demand calculation for those uses is detailed below. The table illustrates that the land uses eliminated will result in a reduction in sewer demand of 6,154 gallons per day. Reduction in Sewer Demand Square Feet Demand Demand Land Use (SF)IUnits (du) Coefficient (gallons/day) Cinema Site Commercial 10,000 SF 50 glksf/d 500 (Cinema Lofts) Cinema Site Residential 15 DU 215 gldldu 3,225 (Cinema Lofts) Restaurant 8,590 SF 175 g/ksf/d 1,503 Retail 5,291 SF 175 g/ksf/d 926 Total -- -- 6,154 The project proposes to add a 185-room hotel. As detailed in the Domestic Sewer Technical Report for MacArthur Place, the Doubletree Hotel had a demand coefficient of 150 g/d/rm. This same demand coefficient was used to calculate the proposed hotel's sewer demand, as detailed in the table below. Sewer Demand of Proposed Hotel Demand Demand Land Use Rooms Coefficient (gallonslday) Proposed hotel 185 150 gld/mt 27,750 As detailed in the EIR, the wastewater demand for the previous project was 282,608 gallons per day. The table below illustrates the increase in sewer demand for the proposed project. MacArthur Place South ~ ~~~~ EIR Addendum o 48 75B-83 Updated Sewer Demand Increase in Sewer Demand from the Proposed Project Wastewater Demand Gallons per Day (gallons per day) Previous wastewater demand 282,608 (per EIR) Reduction in sewer demand from -6,154 304,204 -282 608 removed project components . 21,596 Additional sewer demand from +27,750 185-room hotel Total updated sewer demand 304,204 As detailed in the table above, the reduction in sewer demand from the removed project components, plus the addition in sewer demand from the proposed hotel, result in an updated sewer demand of 304,204 gallons per day. The proposed project will increase the sewer demand by 21,596 gallons per day compared to the previous project. The City has indicated that the proposed hotel project sewer discharge need will be addressed by a new 12" sewer main, which has recently been constructed. As detailed in the Domestic Sewer Technical Report for MacArthur Place, a 12" line has a flow rate of 0.405 million gallons per day (MGD). The project, as addended, would result in a sewer demand of 304,204 gallons a day, which is less than .0405 million gallons per day capacity. The project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (No Substantial Change from Previous Analysis) As detailed in the EIR, the previous project was to be entirely developed with impermeable surfaces. The proposed project will also be entirely developed with impermeable surfaces. Thus, no adverse impact on the existing storm water drainage facilities is anticipated because the project as proposed will not significantly differ in terms of runoff from the project analyzed in the EIR. The project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. d) Have sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? (No Substantial Change from Previous Analysis) Mitigation Measures were designed to minimize potential impacts to utilities and service systems. The project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. As detailed in the EIR, the City of Santa Ana Water Department provides water service to the MacArthur Place South project area. The data from the Walden and Associates Domestic Water Technical Report for MacArthur Place (Amendment No. 1) dated March 3, 2004 and Amended November 19, 2004 was utilized to calculate the proposed project impacts on water demand. The following components will not be a part of the proposed project: retail, restaurant, and commerciaUresidential components of the Cinema lofts. The water demand calculation for those uses is detailed below. As identified in the table below, the land uses eliminated will result in a reduction in water demand of 7,504 gallons per day. MacArthur Place South ~ ~~~~ EIR Addendum o 49 75B-84 Reduction in Water Demand Square Feet (SF) Demand Demand Land Use (Units (du) Coefficient (gallons/day) Cinema Site Commercial 10,000 SF 60 g/ksf/d 600 (Cinema Lofts) Cinema Site Residential 15du 275 g/d/du 4,125 (Cinema Lofts) Restaurant 8,590 SF 220 glksfld 1,890 Retail 5,291 SF 220 glksfld 1,164 Total -- -- 7,779 The project proposes to add a 185-room hotel. As detailed in the Amended Domestic Water Technical Report for MacArthur Place the Doubletree hotel had a demand coefficient of 180 g/d/rm. This same demand coefficient was used to calculate the proposed hotel's water demand, as detailed in the table below. Water Demand of Proposed Hotel Demand Demand Land Use Rooms Coefficient (gallons/day) Proposed Hotel 185 180 g/dlrm 33,300 Updated Water Demand Increase in Water Demand from the Proposed Project Water Demand Gallons per Day (gallons per day) Previous water demand (per EIR) 354,535 Reduction in water demand from -7,779 380,056 removed project components -354,535 Additional water demand from +33,300 25,521 185-room hotel Total updated water demand 380,056 As detailed in the table above, the reduction in water demand from the removed project components plus the additional water demand from the proposed hotel result in an updated water demand of 380,056 gallons per day. The proposed project will increase the water demand by 25,521 gallons per day compared to the previous project. The updated water demand of 380,056 gallons per day converts to 426 acre feet per year, which is an increase of 29 acre feet per year compared to the previous project. As detailed in correspondence with the City of Santa Ana Planning Division and Public Works Agency, more than adequate water and sewer infrastructures, and services and laterals, have been constructed at the proposed hotel project frontage that can meet the project's water and sewer needs. A Sewer Study will not be necessary. Four 1-inch water meters, one 2-inch water meter, and a 6-inch sewer lateral are available at the project's frontage in MacArthur Boulevard. A 6-inch water vault and meter and an 8-inch fire service are also available. Additionally, as detailed in the EIR, at 2020, the City's overall water production would be 55,370 acre feet per year. Between 2010 and 2020 the City's water production would increase by 2,410 acre-feet per year. The increased amount of water production between 2006 and 2020 would accommodate the increased water demand generated by the MacArthur Place South ~ ~~~~ EIR Addendum v 50 75B-85 project and the projected build out of the City's current General Plan. The project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (No Substantial Change from Previous Analysis) Mitigation measures were designed to minimize potential impacts to utilities and service systems. As detailed in the EIR, the previous project would not result in wastewater generation that would exceed the design capacity of the Orange County Sanitation District's (OCSD) Reclamation Plant No. 1. It is anticipated that OCSD would be able handle wastewater from the proposed 185-room hotel. However, if Plant No. 1 is operating at capacity, wastewater flows would be diverted to Reclamation Plant No. 2 in Huntington Beach. Thus, the proposed project would not result in a need to expand or construct a new wastewater treatment plan. The project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. ~ Be served by a landitll with sufftcient permitted capacity to accommodate the project's solid waste disposal needs? (No Substantial Change from Previous Analysis) Mitigation measures were designed to minimize potential impacts to utilities and service systems. As detailed in the EIR, the project as previously proposed would have a solid waste disposal demand of 6,424 pounds per day. The change in solid waste based on the hotel and the removal of the Cinema Lofts and the 13,872 square foot retail/restaurant component is not expected to be significant. The identified daily capacity available at the Bowerman landfill is adequate to support the potential increase. Mitigation Measure U-1 -Prior to issuance of building permits, the project developer shall ensure that the building plans for the hotel shall incorporate facilities for collection and pick-up of recyclable materials. Implementation of the above mitigation measure will ensure that no new or more severe impacts beyond those addressed and mitigated in the EIR will occur. Therefore, the EIR remains complete and adequate as it relates to utilities and service systems. g) Comply with federal, state, and local statutes and regulations related to solid waste? (No Substantial Change from Previous Analysis) The solid waste generated by the hotel will not violate federal, state, and local statutes and regulations related to solid waste. A trash enclosure is included on the northern side of the hotel. Mitigation measures were designed and included in the EIR to minimize potential impacts to utilities and service systems. The project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. XIII. Mandatory Findings of Significance a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? (No Substantial Change from Previous Analysis) Impacts to the environment were analyzed in the MacArthur Place South EIR. Due to the location of the project on a previously developed, urbanized site, no impacts to biological resources will occur. The proposed project will not degrade the quality of the environment or substantially reduce the habitat MacArthur Place South ©~~~~ EIR Addendum o 51 75B-86 or endanger a fish, wildlife, or plant species. Therefore, the EIR, as addended, remains adequate and complete. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? (No Substantial Change from Previous Analysis) The EIR stated that the project would contribute cumulatively significant adverse emissions to the South Coast Basin, which is already anon-attainment area. This impact is significant and adverse and cannot be mitigated to levels of insignificance. The EIR also stated that the project would have cumulative impacts regarding transportation and traffic due to the uncertainty and issues regarding fair- share funding for mitigation measure T-6, regarding the construction of a two-lane metered on-ramp to the SR-55 freeway. Due to the uncertainty of implementation, cumulative impacts were considered for the year 2025. The project will have no new or more severe impacts beyond those addressed and mitigated in the MacArthur Place South EIR. c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? (No Substantial Change from Previous Analysis) Mitigation measures have been provided in the MacArthur Place South EIR to reduce impacts. The project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. MacArthur Place South ~ ~~~~ EIR Addendum o 52 75B-87 Conclusion This document constitutes the Addendum to the MacArthur Place South Final Environmental Impact Report SCH 2004061140 (EIR) as adopted and certified by the City of Santa Ana. This document complies with all relevant California Environmental Quality Act (CEQA) standards to determine if the EIR remains adequate to address the impacts resulting from the proposed project pursuant to CEQA Guidelines §15164. Approval of the Addendum by the City will not require circulation of the document for public review. (CEQA Guidelines § 15164) The Addendum will be included as part of the Final Environmental Impact Report. No changes or modifications are proposed to the original project that would require major revisions to the EIR. Additional mitigation measures are provided in the Addendum to reduce impacts from the project to a less than significant level. No new information of substantial importance or new significant impacts will result from the conversion of originally entitled uses described above to the hotel and the previously approved project consistent with CEQA Section 15064. Based on the analysis herein, the MacArthur Place South EIR remains adequate and complete for the project modifications discussed in this Addendum. The Addendum will require approval by the City of Santa Ana Planning Commission and City Council. In taking action on the Addendum the City, as Lead Agency, must consider the whole of the data presented in the MacArthur Place South Final EIR and this Addendum to the EIR. No additional approvals are necessary. Pursuant to CEQA §21166 and §15162, there is no evidence that the project or its underlying circumstances have changed in a way that exposes new or more severe impacts than those reported in the MacArthur Place South Final Environmental Impact Report as addended. Furthermore, there is no new information that indicates project alternatives or mitigation measures previously found infeasible are now feasible or have not been accepted and incorporated into the project. Therefore, reliance on the Final Environmental Impact Report as addended will still provide the public and decision makers with all information necessary to evaluate the plan from an environmental perspective. MacArthur Place South ~ ~~~~ EIR Addendum v 53 75B-88 Inventory of Applicable Mitigation Measures In adopting the Final EIR, the City's findings and resolutions contained 76 mitigation measures based on refinements and revisions made to the mitigation measures presented in the DEIR. The 76 mitigation measures were incorporated in the certified resolution. All mitigation measures and conditions will either be met in development or are a requirement of City ordinance. Each of these conditions, policies, and mitigation measures will be reviewed during the normal Site Plan review process. Additionally, uniformly applied policies and standards generated to ensure substantial mitigation of environmental effects are applied as conditions of approval or as routine steps in the development process. A Mitigation Monitoring Program has been adopted as part of the approval process to ensure methods, timing, and responsible parties to monitor all mitigation measures. Further refinements in Mitigation Monitoring are hereby included in the MacArthur Place South EIR Addendum to provide more specific descriptions of activities/improvements to ensure no significant impacts from the proposed project will result. These clarifications are summarized below: Mitigation Measure AE-1- Prior to issuance of building permits the project applicant shall ensure that building plans for the proposed project shall include the use of non-reflective building materials to minimize light and glare impacts. Mitigation Measure AO-1 -During design and construction, the project developer shall incorporate features into the project that will minimize impacts from greenhouse gas emissions such as planting onsite trees as a means of providing carbon storage, promoting energy saving measures beyond Title 24 requirements and encouraging the use of Energy Star equipment and appliances. Mitigation Measure G-1 -During grading operations, the project applicant shall ensure special handling of on-site soils as required by the City of Santa Ana, due to the high moisture content of the soils, which is well above optimum moisture conditions. The City of Santa Ana shall monitor the grading contractor to ensure stabilization of the soils during grading prior to placing and compacting fill soils over wet subgrade soils, as recommended in the geotechnical investigation prepared by Geotechnical Professionals, Inc. Mitigation Measure H-1 -Prior to the issuance of a building permit, the project developer shall provide evidence to the Planning Manager that an FAA Determination of No Hazard to Air Navigation has been obtained for the relocated Cinema Tower. The project developer shall demonstrate compliance with any conditions imposed by the FAA in their determination. Mitigation Measure N-1 -During operation of the hotel, the project developer shall ensure that truck deliveries to the hotel shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. Delivery trucks shall not be permitted to idle in the parking lots or loading areas and shall be required to have properly maintained, factory-approved mufflers. Delivery truck drivers shall be encouraged to minimize acceleration and maintain reduced vehicle speeds while on-site. Mitigation Measure N-2 -During project construction for the hotel, the project contractor shall verify that structural designs and acoustical baffling are implemented to reduce noise levels from mechanical equipment (ventilation fans, air conditioning, and refrigeration units and their associated inlet and exhaust systems) to a level that complies with the City's Municipal Code noise ordinance standards reproduced in the table below (and also reproduced in the EIR). MacArthur Place South ~j-1~ ~~~~ EIR Addendum ~~.-~ v 54 75B-89 City of Santa Ana Exterior Noise Ordinance Standards Noise Level That May Not Be Daytime Night Exceeded for More Than 7:00 a.m. -10:00 p.m. 10:00 pm. - 7:00 a.m. 30 minutes in any hour 55 d6(A) 50 dB(A) 15 minutes in any hour 60 dB(A) 55 dB(A) 5 minutes in any hour 65 d6(A) 60 dB(A) 1 minute in any hour 70 d6(A) 65 d6(A) Any time 75 dB(A) 70 d6(A) Source: Section 18-312 of the City of Santa Ana Municipal Code Mitigation Measure U-1 that the building plans recyclable materials. MacArthur Place South EIR Addendum - Prior to issuance of building permits, the project developer shall ensure for the hotel shall incorporate facilities for collection and pick-up of D ~~~~ 55 75B-90 Environmental Checklist For CEQA Compliance 1. Project Tltle: Expanded Initial Study and Addendum to EIR for MacArthur Place South - SCN 2004061140 2. Lead Agency Name/Address: city of Santa Ana 20 Civic Center Plaza Santa Ana, California 92702 3. Contact Person/Phone No.: ....Vince Fregoso / (714) 667-2713 ............. . 4. Project Location: Southeast Corner of Main St. and MacArthur Blvd. Santa Ana, California 5. Project Sponsor Name/Address: Nexus Development Companies 6. General Plan Designation: District Center 7. ZOning: Specific Development (76) __ _ _. 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) The project involves the addition of a four story, 185-room hotel and the removal of the Cinema Lofts (10,000 square feet of commercial office use and 15 units) and 13,871 square foot retail building consisting of 8,580 square feet of restaurant space and 5,290 square feet of retail. The Cinema Towers building will be moved south of its previous location (analyzed in the EIR). 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.) The project site is located at the southeast corner of MacArthur Boulevard and Main Street in southeast Santa Ana. East of the site is the Costa Mesa Freeway (SR-55), south and east of the site is the City of Irvine and the City of Costa Mesa is located to the southwest. John Wayne Airport is approximately 1.1 miles south of the project site. Surrounding land uses include residential, office and commercial/retail. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) None. MacArthur Place South EIR Addendum D c~~a~~ 57 75B-91 Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by that project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ^ Aesthetics ^ ^ Agricultural Resources ^ ^ Air Quality ^ ^ Biological Resources ^ ^ Cultural Resources ^ ^ Geology /Soils ^ ^ Hazards and Hazardous Materials ^ ^ Hydrology /Water Quality ^ ^ Land Use /Planning Mineral Resources Noise Population /Housing Public Services Recreation Transportation /Traffic Utilities /Service Systems Mandatory Findings of Significance Environmental Determination (to be completed by the Lead Agency) On the basis of this initial evaluation: ^ I find that the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. ^ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. ^ I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. ^ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on the attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ® I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Printed Name For MacArthur Place South ~ ~~~~ EIR Addendum o 58 75B-92 Evaluation of Environmental Impacts: 1. A brief explanation is required for all answers except "No Substantial Change from Previous Analysis" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Substantial Change from Previous Analysis" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Substantial Change from Previous Analysis" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on aproject-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is a "New Significant Impact," a "More Severe Impact," or "No Substantial Change from Previous Analysis." "More Severe Impacts" is appropriate if there is substantial evidence that an effect may be significant. If one or more entries are "New Significant Impacts" or "More Severe Impacts" when the determination is made, an EIR is required. 4. "No Substantial Change from Previous Analysis" applies where the incorporation of mitigation measures has reduced an effect from "New Significant Impacts" or "More Severe Impacts" to "No Substantial Change from Previous Analysis". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analysis," may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation Measures. For effects that are "No Substantial Change from Previous Analysis," describe the mitigation measures that were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9. The explanation of each issue should identify: a. the significance criteria or threshold, if any, used to evaluate each question; and b. the mitigation measure identified, if any, to reduce the impact to less than significance MacArthur Place South ~ ~~~~ EIR Addendum c~ 59 75B-93 ssues New Significant Impacts More Severe Impacts No Substantial Change from Previous Analysts I. Aesthetics -Would the project: a. Have a substantial adverse effect on a scenic vista? ^ ^ b. Substantially damage scenic resources, including but not limited to, trees, rock ^ ^ outcroppings and historic buildings within a state scenic highway? c. Substantially degrade the existing visual character or quality of the site and its ^ ^ surroundings? d. Create a new source of substantial light or glare that would adversely affect day ^ ^ or nighttime views in the area? II. Air Quality -Where available, the significance criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations. Would the project: a. Conflict with or obstruct implementation of applicable air quality plan? ^ ^ b. Violate any air quality standard or contribute substantially to an existing or ^ ^ projected air quality violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for ^ ^ which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant concentrations? ^ ^ e. Create objectionable odors affecting a substantial number of people? ^ ^ III. Geology and Soils -Would the project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent ^ ^ Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? ^ ^ iii. Seismic-related ground failure, including liquefaction? ^ ^ iv. Landslides? ^ ^ b. Result in substantial soil erosion or the loss of topsoil? ^ ^ c. Be located on a geologic unit or soil that is unstable, or that would become ^ ^ unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building ^ ^ Code (1994), creating substantial risks to life or property? e. Have solid incapable of adequately supporting the use of septic tanks or ^ ^ alternative waste water disposal systems where sewers are not available for the disposal of waste water? IV. Hazards and Hazardous Materials -Would the project: a. Create a significant hazard to the public or the environment through the routine ^ ^ transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably ^ ^ foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, ^ ^ substances, or waste within one-quarter mile of an existing or proposed school? d. Be located on a site that is included on a list of hazardous materials sites ^ ^ compiled pursuant to Government Code §659662.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not ^ ^ been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? MacArthur Place South ~'L, EIR Addendum v `~ ~ ~~~ 60 75B-94 No Substantial New Change from Issues Significant More Severe Previous Impacts Impacts Analysis f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency ^ ^ response plan or emergency evacuation plan? h. Expose people or structures to a significant risk of loss, injury or death involving ^ ^ wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? V. Hydrology and Water Quality -Would the project: a. Violate any water quality standards or waste discharge requirements? ^ ^ b. Substantially deplete groundwater supplies or interfere substantially with ^ ^ groundwater recharge such that there would be a net deficit in aqurfer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including ^ ^ through the alteration of the course of stream or river, in a manner that would result in flooding on or off-site? d. Substantially alter the existing drainage pattern of the site or area, including ^ ^ through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off-site? e. Create or contribute runoff water that would exceed the capacity of existing or ^ ^ planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f. Otherwise substantially degrade water quality? ^ ^ g. Place housing within a 100-year flood hazard area as mapped on a federal Flood ^ ^ Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h. Place within a 100-year flood hazard area structures that would impede or ^ ^ redirect fkwd flows? i. Expose people or structures to a significant risk of loss, injury or death involving ^ ^ flooding, including flooding as a result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? ^ ^ VI. Land Use and Planning -Would the project: a. Physically divide an established community? ^ ^ b. Conflict with any applicable land use plan, policy, or regulation of an agency with ^ ^ jurisdiction over the project (including, but not limited to the general plan, specific plan, kxal coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or natural community ^ ^ conservation plan? VII. Noise - Woukt the project result in: a. Exposure of persons to or generation of noise levels in excess of standards ^ ^ established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive groundborne vibration or ^ ^ groundt~ome noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity ^ ^ above levels existing without the project? d. A substantial temporary or periodic increase in ambient noise levels in the project ^ ^ vicinity above levels existing without the project? MacArthur Place South EIR Addendum D ~~~~ 61 75B-95 No Substantial New Change from Signlflcant Issues More Severe Previous Impacts Impacts Analysts e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose ^ ^ people residing or working in the project area to excessive noise levels? VIII. Population and Housing -Would the project: a. Induce substantial population growth in an area, either directly (for example, by ^ ^ proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, necessitating the construction ^ ^ of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the construction of ^ ^ replacement housing elsewhere? IX. Public Services -Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ration, response times or other performan ce objectives for any of the public service: a. Fire protection? ^ ^ b. Police protection? ^ ^ c. Schools? ^ ^ d. Parks? ^ ^ e. Other public facilities? ^ ^ X. Recreation a. Would the project increase the use of existing neighborhood and regional parks ^ ^ or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. b. Dces the project include recreational facilities or require the construction or ^ ^ expansion of recreational facilities that mght have an adverse physical effect on the environment? XI. Transportation/Traffx; -Would the project a. Cause an increase in traffic that is substantial in relation to the existing traffic load ^ ^ ^ and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections?) b. Exceed, either individually or cumulatively, a level of service standard established ^ ^ ^ by the county congestion management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic ^ ^ ^ levels or a change in location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or ^ ^ ^ dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? ^ ^ ^ f. Result in inadequate parking capacity? ^ ^ ^ g. Conflict with adopted policies supporting attemative transportation (e.g., bus ^ ^ ^ turnouts, bicycle racks)? XI I. Utilities and Service Systems -Would the project: a. Exceed wastewater treatment requirements of the applicable Regional Water ^ ^ Quality Control Board? b. Require or result in the construction of new water or wastewater treatment ^ ^ facilities or expansion of existing facilities, the construction of which could cause sign cant environmental effects? MacArthur Place South ~ ~~~~ EIR Addendum o 62 75B-96 No Substantial New Change from Significant More Severe Previous tSSUeS Impacts Impacts Analysis c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause sign'rficant environmental effects? d. Are sufficient water supplies available to serve the project from existing ^ ^ entitlements and resources, or are new or expanded entitlements needed? e. Result in the determination by the wastewater treatment provider that serves or ^ ^ may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to accommodate the ^ ^ project's solid waste disposal needs? g. Comply with federal, state, and local statutes and regulations related to solid ^ ^ waste? XIII. Mandatory Findings of Significance a. Dces the project have the potential to degrade the quality of the environment, ^ ^ substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Cal'rfomia history or prehistory? b. Dces the project have impacts that are individually limited but cumulatively ^ ^ considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects). c. Does the project have environmental effects that will cause substantial adverse ^ ^ effects on human beings, either directly or indirectly? Checklist prepared by CAA Planning on behalf of the City of Santa Ana. 85 Argonaut, Suite 220 Aliso Viejo, CA 92656 (949) 581-2888 MacArthur Place South EIR Addendum ~ C~~~~ 63 75B-97 Appendix A MacArthur Place Specific Plan Amendment Trip Generation Evaluation, April 1, 2009 75B-98 41 Corporate Park, Suite 300 Irvine, CA 92606 949.660.1994 main 949.660.1911 fax www.urbanxroads.com April 1, 2009 Mr. Rob Eres NEXUS DEVELOPMENT CORPORATION 1 MacArthur Place, Suite 300 Santa Ana, CA 92707-2707 Subject: MacArthur Place Specific Plan Amendment Trip Generation Evaluation Dear Mr. Eres: INTRODUCTION Urban Crossroads, Inc. is pleased to submit this letter report documenting the trip generation evaluation and comparison between the currently approved MacArthur Place Specific Development Plan and the proposed Specific Development Plan amendment. This letter report summarizes the land uses and trip generation calculations for the currently approved MacArthur Place Specific Development Plan and the proposed Specific Development Plan amendment. Based on the subsequent analysis presented in this letter report, replacing the currently approved townhomes (15 dwelling units), office condominium (10,000 square feet), retail (5,350 square feet), and sit down restaurant (8,550 square feet) uses with an 185 room hotel and allowing for the optional (temporary) conversion of some condominium uses to apartment uses will result in a net reduction in trip generation for the project site. The analysis in this letter report is based upon the recently published Institute of Transportation Engineer's (ITE) informational report Trip Generation (8th Edition, 2008). The last published analysis for the subject project was a letter report entitled Trip Generation Evaluation for the Change in Project Description of the Hutton Center Residential Development Proiect (Urban Crossroads, Inc., December, 2004). CURRENTLY APPROVED AND PROPOSED LAND USES The MacArthur Place Specific Development Plan currently approved land uses include the following uses which are unchanged by the proposed Specific Development Plan amendment: 06674-04 Letter Report 75B-99 Mr. Rob Eres NEXUS DEVELOPMENT CORPORATION April 1, 2009 Page 2 • Cinema Tower 150 condominium dwelling units (previously analyzed as ITE land use code 232) Uses which are proposed to be eliminated in the proposed Specific Development Plan amendment include: • 15 townhome (condominium) dwelling units (previously analyzed as ITE land use code 230) • 10,000 square feet of office condominium (single tenant) use (previously analyzed as ITE land use code 715) • 5,350 square feet of retail use (previously analyzed as ITE land use code 850) • 8,550 square feet of restaurant use (previously analyzed as ITE land use code 932) The proposed Specific Development Plan amendment would replace the uses being eliminated with a 185 room hotel (ITE code 312). Additionally, the Lake Towers 349 condominium dwelling units (previously analyzed as ITE land use code 232) are evaluated under an optional alternative to accommodate high-rise apartment (rental) units, rather than high-rise condominium (purchase) units. Similarly, the Integral "Montage" project 276 condominium project (previously analyzed as ITE land use code 230) shall be modified to accommodate mid-rise apartment (rental) units, rather than condominium (purchase) units. CURRENTLY APPROVED PROJECT TRIP GENERATION The currently approved project trip generation has been recalculated based upon the actual adopted land uses and the most current ITE trip generation data. Table 1 lists the ITE Trip Generation report (8~' edition) trip rates for the currently approved land uses, proposed land uses, and also the existing land uses that were present on the site at the time the project was originally entitled. The net project trip generation consists of the trip generation for the future land use minus the trip generation for the existing uses that were present at the time the project was entitled. The 8~' edition trip rates for the land use categories included in Table 1 are mostly unchanged compared to the previous 7~' edition trip generation rates. The only categories with rate changes are ITE code 850 (AM and PM peak hour) and ITE code 932 (PM peak hour). MacArthur Place Specific Plan Amendment Trip Generation Evaluation City of Santa Ana, CA (JN: 06674-04 Letter Report) URBAN CROSSROADS 75B-100 Mr. Rob Eres NEXUS DEVELOPMENT CORPORATION April 1, 2009 Page 3 Table 2 summarizes the trip generation for the currently approved Specific Development Plan. As shown on Table 2, the currently approved Specific Development Plan project generates approximately 3,101 trip-ends per day with 412 vehicles per hour during the AM peak hour and 302 vehicles per hour during the PM peak hour. These results have been compared to the last published data, which is included as Attachment "A" to this letter report. The minor changes in the approved project land use quantities and trip rates have very little effect compared to the last published data on the overall net project trip generation (one additional AM peak hour trip, the same PM peak hour trip generation, and 16 fewer trips on a daily basis). PROPOSED SPECIFIC DEVELOPMENT PLAN AMENDMENT PROJECT TRIP GENERATION The proposed Specific Development Plan amendment will replace the office condominium, retail, restaurant, and 15 condominium townhome uses in the currently adopted Specific Development Plan with a 185 room hotel (ITE code 312). Additionally, the Lake Towers 349 condominium dwelling units will be converted to apartment units. Additionally, the analysis considers the effects of the potential change of the mid-rise condominiums (Montage by Integral) to apartments as an option. Table 3 summarizes the trip generation for the proposed Specific Development Plan amendment and compares the results to the trip generation for the currently adopted Specific Development Plan. As shown on Table 3, the proposed Specific Development Plan amendment project generates approximately 2,343 trip-ends per day with 329 vehicles per hour during the AM peak hour and 197 vehicles per hour during the PM peak hour. These results have been compared to the currently adopted Specific Development Plan trip generation presented previously on Table 2. The proposed Specific Development Plan amendment will result in reduced trip generation for all time frames evaluated. The proposed Specific Development Plan amendment will generate 83 fewer trips in the AM peak hour, 105 fewer trips in the PM peak hour, and 758 fewer trips on a daily basis. MacArthur Place Specific Plan Amendment Trip Generation Evaluation City o/Santa Ana, ca (JN: 06674-04 Letter Report) URBAN o~osswowos 75B-101 Mr. Rob Eres NEXUS DEVELOPMENT CORPORATION April 1, 2009 Page 4 CLOSING Based on the results of the trip generation analysis, the proposed Specific Development Plan amendment will result in reduced trip generation during all time frames evaluated. Urban Crossroads, Inc. is pleased to provide this analysis for your use. Please feel free to contact me at (949) 660-1994, x210, if you have any questions regarding this letter report. Respecttully submitted, URBAN CROSSROADS, INC. Carleton Waters, P.E. Principal CW:Ir JN: 06674-04 Letter Report Attachments MacArthur Place Specific Plan Amendment Trip Generation Evaluation ~ URBAN City of Santa Ana, CA (JN: 06674-04 Letfer Report) GROSSROA~S 75B-102 TABLE 1 TRIP GENERATION RATES' PEAK HOUR TRIP RATES ITE AM PM LAND USE CODE UNITS2 IN OUT TOTAL IN OUT TOTAL DAILY Residential Condo/Townhouse 230 DU 0.07 0.37 0.44 0.35 0.17 0.52 5.81 Hi h Rise Res. Condo.lT'ownhouse 232 DU 0.06 0.28 0.34 0.24 0.14 0.38 4.18 Mid-Rise artment' 223 DU 0.09 0.21 0.3 0.23 0.16 0.39 4.68 Hi h Rise A artment 222 DU 0.08 0.22 0.3 0.21 0.14 0.35 4.2 Business Hotel 312 OCCUPIED ROOM 0.34 0.24 0.58 0.37 0.25 0.62 7.27 Movie Theater w/o Matinee 443 TSF Nom° Nom Nom 5.79 0.37 6.16 78.06 Sin le Tenant Office Buifdin 715 TSF 1.6 0.2 1.8 0.26 1.47 1.73 11.57 Su ermarket 850 TSF 2.19 1.4 3.59 5.36 5.14 10.5 102.24 High Turnover (Sit-Down) Restaurant 932 TSF 5.99 5.53 11.52 6.58 4.57 11.15 127.15 ' Source: ITE (Institute of Transportation Engineers) Trip Generation Manual, 8th Edition, 2008. DU =Dwelling Units, TSF =Thousand Square Feet s Daily trip rate based on PM peak hour rate and PM peak to daily relationship for High Rise Apartments ° Nom =Nominal, near zero u:wcJobs~ ossoo-o7ooowssoowss~a~Excentoss~a-oa.xislT ~ 75B-103 TABLE 2 CURRENTLY APPROVED PROJECT TRIP GENERATION SUMMARY' PEAK HOUR ITE AM PM LAND USE Code QUANTI UNITSZ IN OUT TOTAL IN OUT TOTAL DAILY Condominium Pro'ect 5 sto 230 276 DU 19 102 121 97 47 144 1,604 Lake Towers Hi h-rise Condo's 232 349 DU 21 98 119 84 49 133 1,459 Cinema Tower Condominiums 232 150 DU 9 42 51 36 21 57 627 Townhomes 230 15 DU 1 6 7 5 3 8 87 Office Condo's sin le tenant 715 10 TSF 16 2 18 3 15 18 116 Retail 850 5.35 TSF 12 7 19 29 27 56 547 High Turnover (Sit-Down) Restaurant 932 8.55 TSF 51 47 98 56 39 95 1,087 Future Use Traffic Total 129 304 433 310 201 511 5,527 Internal Ca ture 5°~ 6 15 21 16 10 26 276 Future Use External Traffic Total 123 289 412 294 191 485 5,251 Existin Uses Demolished Theater 20% utilization of 40 TSF s 443 8.0 TSF 0 0 0 46 3 49 624 Restaurant (Sports Grill)` 932 12.0 TSF 0 0 0 79 55 134 1,526 Existing Traffic Total 0 0 0 125 58 183 2,150 Net New Traffic Total (Future External -Existing) 123 289 412 169 133 302 3,101 ' Source: ITE (Institute of Transportation Engineers) Trip Generation Manual, 8th Edition, 2008. DU =Dwelling Units, TSF =Thousand Square Feet 3 Theatre utilization of 20% full occupancy at the time traffic counts were conducted. 4 Sports Grill assumed to generate no AM peak hour traffic. U:\UcJobs\_06600-07000\06600\066741Excell[06674-04.x1s]T 2 75B-104 TABLE 3 PROPOSED PROJECT TRIP GENERATION SUMMARY' PEAK HOUR ITE AM PM LAND USE Code UANTI UNITSZ IN OUT TOTAL IN OUT TOTAL DAILY Condominium Pro ect 5 sto 223 276 DU 25 58 83 63 44 107 1,292 Lake Towers Hi h-rise A artments 222 349 DU 28 77 105 73 49 122 1,466 Cinema Tower Condominiums 232 150 DU 9 42 51 36 21 57 627 Business Hotel 312 185 OCCUPIED ROOM 63 44 107 68 46 114 1,345 Future Use Traffic Total 125 221 346 240 160 400 4,730 Internal Ca lure 5% 6 11 17 12 8 20 237 Future Use External Traffic Total 119 210 329 228 152 380 4,493 Existin Uses Demolished Theater 20% utilization of 40 TSF s 443 8.0 TSF 0 0 0 46 3 49 624 Restaurant (Sports Grill) 932 12.0 TSF 0 0 0 79 55 134 1,526 Existing Traffic Total 0 0 0 125 58 183 2,150 Pro osed Project Net New Traffic Total Future External -Existing) 119 210 329 103 94 197 2,343 Current) roved Project Net New Traffic Total 123 289 412 169 133 302 3,101 DIFFERENCE Pro osed - roved) -4 -79 -83 -88 -39 -105 -758 ' Source: ITE (Institute of Transportation Engineers] Trip Generation Manual, 8th Edition, 2008. DU =Dwelling Units, TSF =Thousand Square Feet s Theatre utilization of 20% full occupancy at the time traffic counts were conducted. ° Sports Grill assumed to generate no AM peak hour traffic. U:1Uc.lobs\_08600-07000106800\088741Excell[06874-04.xlsjT 3 75B-105 ATTACHMENT A Urban Crossroads, Inc. Trip Generation Evaluation Letter (December, 2004) 75B-106 URBAN CROSSROADS Mr. Dan Bott CITY OF SANTA ANA 20 Civic Center Plaza Santa Ana, CA 92701 Subject: Trip Generation Evaluation for the Change in Project Description of the Hutton Center Residential Development Project Dear Mr. Bott: Urban Crossroads, Inc. is pleased to present this supplemental analysis of the potential effects of ongoing refinement of the project site plan on the conclusions of the previously completed traffic impact analysis for the subject project. Based on our supplemental analysis, we believe that the findings and conclusions of the traffic study continue to represent a reasonable worst case scenario with respect to the proposed project. This conclusion is based upon a comparison of peak hour and daily trip generation for the revised project description to the trip generation of the subject project as presented in the previously completed traffic impact analysis. Therefore, no additional traffic study is recommended. Exhibit A presents the revised site plan. The revised project description states that the 5-story condominium (Integral project component) now includes 276 units. The Cinema Tower includes 154 high rise condominium units, and the Lake Towers high- rise condominiums will consist of 347 units. In addition, there are 14 residential condominiums associated with 10,000 square feet of single tenant office use, located ;. ~~: :; immediately south of the Cinema Tower. The leasable square footage for non- s:_ residential uses is 5,291 square feet of general retail uses, and 8,580 square feet for restaurant uses. -~ ~~, 41 Corporate Park Suite 300 Irvine, CA 92606 p:949.660.1994 f:949.660.1911 urbanxroads.com S. r5.. y -~, •... ~...~_ 75B-107 Mr. Dan Bott CITY OF SANTA ANA December 15, 2004 Page 2 Compared with the project description as analyzed in the traffic study report, the total residential unit count has decreased 43 units (from 834 units to 791 units). The restaurant use square footage has increased from 5,500 square feet to 8,600 square feet. The retail use square footage has decreased from 8,000 to 5,300 square feet. The additional single tenant office building includes a total of 10,000 square feet. The trip generation calculation for the refined site plan is based on the most recent trip generation resource report (Institute of Transportation Engineers Trip Generation Rates ITE 7th Edition). This is consistent with the calculations presented in the previously completed traffic study report. Table 1 indicates the refined proposed site plan land use trip generation rates. Table 2 provides a trip generation summary for the overall site. As indicated on Table 2, the net project (the proposed project trips minus the demolished existing land use trips) generates approximately 3,117 trip-ends per day. with 411 vehicles per hour during the AM peak hour and 302 vehicles per hour during the PM peak hour. Table 2 also presents the refined site plan trip generation in comparison to the previously published traffic study report trip generation estimates. Compared to the previously published trip generation, the current site plan daily traffic volume decreases by 44 vehicle trips per day. The PM peak hour volume decreases by 2 vehicles per hour, while the AM peak hour volume has increased by 23 vehicle trips per hour. This represents a 6% increase compared to the AM peak hour trip generation included in the published traffic analysis. Most of this increase is attributable to the increase in restaurant square footage in the proposed site plan. If a use similar to the restaurant use being demolished (National Sports Grill) is located at this site, no AM peak hour trip generation would be expected and the net result would be no increase in AM peak hour trip generation. Alternately, if the National Sports Grill was replaced by a new restaurant (consistent with existing zoning) that included a breakfast clientele, the AM peak hour trip generation would actually decrease (given the reduction from 12,000 square feet to 8,580 square feet). 75B-108 Mr. Dan Bott CITY OF SANTA ANA December 15, 2004 Page 2 Overall, the total trip generation changes for the refined project site plan are minimal compared with the previously published project description trip generation. The change (a slight increase in AM peak hour trip generation and decreases in PM peak hour and daily trip generation) are unlikely to result in any additional significant traffic impact for the study area. Therefore, no additional traffic study is recommended. Urban Crossroads, Inc. is pleased to submit this addendum to the traffic study. Please give us a call at (949) 660-1994 if you have any further questions. Respectfully submitted, URBAN CROSSROADS, INC. ~~~~ Carleton Waters, P.E. Principal CW:MZ:ds JN:01446-12 Min Zhou, P.E. Associate 75B-109 TABLE 1 REVISED PROJECT TRIP GENERATION RATES' PEAK HOUR AM pM LAND USE ITE CODE QUANTITY UNITSZ IN OUT TOTAL IN OUT TOTAL DAILY Condominium ro'ect 5 sto condo 230 276 DU 0.07 0.37 0.44 0.35 0.17 0.52 5.86 Lake tower hi h-rise Condominium 232 347 DU 0.06 0.28 0.34 0.24 0.14 0.38 4.18 Condominium ro'ect Cinema Tower 232 154 DU 0.06 0.28 0.34 0.24 0.14 0.38 4.18 Townhomes 230 14 DU 0.07 0.37 0.44 0.35 0.17 0.52 5.86 Office condos sin le tenant 715 10 TSF 1.6 0.2 1.8 0.26 1.47 1.73 11.57 Restaurant sit in 932 8.6 TSF 5.99 5.53 11.52 6.66 4.26 10.92 127.15 Retail 850 5.30 TSF 1.98 1.27 3.25 5.33 5.12 10.45 102.24 TABLE 2 REVISED PROPOSED OVERALL SITE TRIP GENERATION SUMMARY' PEAK HOUR AM pM ITE CODE QUANTI UNITSZ IN OUT TOTAL IN OUT TOTAL DAILY 230 276 DU 19 102 121 97 47 144 1,617 232 347 DU 21 97 118 83 49 132 1,450 232 154 DU 9 43 52 37 22 59 644 Proposed Project Development 230 14 DU 1 5 6 5 2 7 82 715 10 DU 16 2 18 3 15 17 116 932 8.6 TSF 52 48 99 57 37 94 1,093 850 5.3 TSF 10 7 17 28 27 55 542 Internal Capture (5%) 128 -8 304 -15 432 -22 310 -15 198 -10 508 -25 5,545 -277 Subtotal 122 289 411 294 188 482 5,267 Existing Use Being Demolished' Theatre' 443 8.0 TSF 0 0 0 -46 -3 -49 -624 Restaurant (Sports Grill)S 932 12 TSF 0 0 0 -80 -51 -131 -1,526 NEW NET PROJECT TRIPS PROPOSED -DEMOLISHED EXIST 122 289 411 168 134 302 3,117 PREVIOUSLY PUBLISHED NET PROJECT TRIPS 97 290 388 176 128 304 3,162 DIFFERENCE NEW -PREVIOUSLY PUBLISHED 25 -2 23 $ 6 -2 -44 ' Source: ITE (krsbWte of Transportation Engineers) Trip Generatlon Manual, 7th Edition, 2003. ' TSF =thousand square feet DU =Dwelling Units ' from Existing Trip Generation Table. ~ Theatro utllizatbn of 2096 fWl occupancy at the time traffic cants were conducted. s Sports Grill assumed to generate no AM peak hour traffic. U:1UcJobsV 01400W14461Excelt(0144&12.x1s)Tt T2 75B-110 EXHIBIT A SITE PLAN _.~~~: ~_ - ^ ~ ~! ~ i ... i ! C 'i ~: ~ ~„~~,~" .~, ~; ~~_ ~ ~~: VEDE51'RL4N LEVEL SITE PLAN AAacARTHUR PLAGE:MASTER PLAN NEXUS DEYEtWMENf COR~ORATIDN 13 DECEMBER 2004 HUTT ON CENTER RESIDENTIAL DEVELOPMENT TRAFFIC STUDY, Santa Ana, Cal'rfornia - 07446:041027 s URBA~ ossao. 75B-111 TABLE 3 PROPOSED PROJECT TRIP GENERATION SUMMARY' PEAK HOUR ITE AM PM LAND USE Code QUANTIT UNITSZ IN OUT TOTAL IN OUT TOTAL DAILY Condominium Project 5 sto 223 276 DU 25 58 83 63 44 107 1,292 Lake Towers Hi h-rise A artments 222 349 DU 28 77 105 73 49 122 1,466 Cinema Tower Condominiums 232 150 DU 9 42 51 36 21 57 627 Business Hotel 312 185 OCCUPIED ROOM 63 44 107 68 46 114 1,345 Future Use Traffic Total 125 221 346 240 160 400 4,730 Internal Ca lure (5%) 6 11 17 12 8 20 237 Future Use External Traffic Total 119 210 329 228 152 380 4,493 Existin Uses Demolished Theater 20% utilization of 40 TSF ' 443 8.0 TSF 0 0 0 46 3 49 624 Restaurant (Sports Grill) 932 12.0 TSF 0 0 0 79 55 134 1,526 Existing Traffic Total 0 0 0 125 58 183 2,150 Proposed Project Net New Traffic Total (Future External -Existing) 119 210 329 103 94 197 2,343 Currently Approved Project Net New Traffic Total 123 289 412 169 133 302 3,101 DIFFERENCE (Proposed -Approved) -4 -79 -83 -66 -39 -105 -758 ' Source: ITE (Institute of Transportation Engineers) Trip Generation Manual, 8th Edition, 2008. z DU =Dwelling Units, TSF =Thousand Square Feet a Theatre utilization of 20% full occupancy at the time traffic counts were conducted. '' Sports Grill assumed to generate no AM peak hour traffic. U 1UcJobsl_06600-07000'06600.06674'Excel`.[06674-04 xls]T 3 AMENDMENT TO ZOA09-4, DA05-2, CUP09-8 &VA09-2 7~~'T'~'12 KO- 4/28/09 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT NO. 2004-02 AND APPROVE THE MITIGATION MONITORING PROGRAM; APPROVE CONDITIONAL USE PERMIT NO. 2009-08 AS CONDITIONED FOR A HOTEL AND APPROVING VARIANCE NO. 2009-02 AS CONDITIONED TO ALLOW A REDUCTION IN THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 6 EAST MACARTHUR PLACE 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 Applicant is requesting approval of a zoning ordinance amendment, a conditional use permit, an amendment to a development agreement and a variance to allow the construction of a new hotel within the MacArthur Place South development at 6 East MacArthur Place. B. On April 13, 2009, the Planning Commission Chairperson declared an impasse after a series of motions failed to achieve a majority vote. The Applicant has requested the items be denied by the Planning Commission to allow them to move forward to the City Council for a final decision. The items before the Planning Commission were as follows: 1. Adopt a resolution approving the Addendum to the Final Environmental Impact Report No. 2004-02 and approve the mitigation monitoring program. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009-04. 3. Adopt an ordinance approving the Amendment to Development Agreement No. 2005-02. 4. Adopt a resolution approving Conditional Use Permit No. 2009-08 as conditioned. 5. Adopt a resolution approving Variance No. 2009-02 as conditioned. Resolution No. 2009- Page 1 of 30 75B-113 C. On May 4, 2009 the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. D. Conditional Use Permit No. 2009-08 has been filed with the City of Santa Ana seeking to allow the construction of a hotel at 6 East MacAuhur Place. 1. Pursuant to SD-76, hotel uses are permitted subject to the issuance of a Conditional Use Permit. 2. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed use will provide an additional service to the community by providing ahigh-quality business hotel that will offer a variety of amenities including 3,000 square feet of conference room/meeting space, media area, lounge, cafe, pool and spa to it guests. Conditions of approval have been included to ensure the quality and the attractiveness of the overall design which will contribute to the general well being of the community. ii. 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? The proposed hotel use in conjunction with the rest of the MacArthur Place South development will not be detrimental to persons residing and working in the area. Any effect relating to the health, safety and general welfare of persons residing or working in the vicinity have been addressed through various mitigation measures identified in the Addendum to Environmental Impact Report 2004-02. These mitigation measures cover all aspects of the hotel from construction to daily operation and include mitigation measures relating to construction noise and soil retention to the permitted hours of operation for material deliveries and pick-ups. Resolution No. 2009- 758-114 Page 2 of 30 iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed hotel use will not adversely affect the economic stability within the MacArthur Place South development area. The 185-room hotel and 3,000 square foot conference/meeting rooms will provide a diverse customer base for adjacent retail and restaurant uses which will reinforce the economic viability of the project area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The project will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code as well as the provisions of the SD-76 zoning district with the exception of parking. A variance will be required to deviate from this standard. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan as hotel uses are conditionally permitted within the Specific Development No. 76 (SD-76) zoning district. The General Plan Land Use Element Policy 2.2 encourages commercial development to accommodate the City's need for goods and services. A hotel use with conference and meeting rooms provides a needed service within the City. Also Policy 2.6 encourages the creation of new employment opportunities which are compatible with surrounding land uses, and provide a net community benefit. A hotel use at this location will provide a sizable amount of diverse employment opportunities while remaining compatible with surrounding development. E. Applicant has requested approval of Variance No. 2009-02 to reduce the required parking. 1. Based on code requirement, a total of 204 parking spaces are required for the hotel use while only 183 spaces are available. Of these 183 spaces, there is an agreement to use 25 of the parking Resolution No. 2009- Page 3 of 30 75B-115 spaces as overflow parking. As a result of this agreement, the effective parking deficit for the proposed hotel is 46 spaces. 2. The City Council determines that the following findings which must be established, pursuant to Santa Ana Municipal Code Section 41-638, in order to grant a variance, have been established: That because of special circumstances applicable to the subject properly, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. The MacArthur Place South site is a contained site surrounded by existing commercial and residential developments. The shared parking analysis, prepared by Fehr & Peers has determined that sufficient parking will be provided for the project during times of peak demand. The parking variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial, residential and professional uses. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance to allow reduction in parking requirement will preserve the property owner's ability to develop the property with a high quality hotel that is consistent with the Specific Development No. 76 (SD-76) zoning district. The shared parking analysis, prepared by Fehr & Peers has determined that sufficient parking will be provided on site in a combination of surface and structured parking during times of peak demand. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance to allow reduction in parking requirement will not be materially detrimental to the public welfare or injurious to surrounding property. Conditions have been added requiring the submittal of a parking management plan for the surface parking lot Resolution No. 2009- 7 5 8 -116 Page 4 of 30 relating to the use of tandem valet parking spaces. A separate condition has been added to requiring valet service on a 24-hour basis for hotel guests. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance to allow reduction in parking requirement will not adversely affect the General Plan of the City since the proposed hotel was designed in conformance with City Zoning, Development, and General Plan requirements except for the parking requirements. The General Plan Land Use Element Policy 2.2 encourages commercial development to accommodate the City's need for goods and services. A hotel use with conference and meeting rooms provides a needed service within the City. Also Policy 2.6 encourages the creation of new employment opportunities which are compatible with surrounding land uses, and provide a net community benefit. A hotel use at this location will provide a sizable amount of diverse employment opportunities while remaining compatible with surrounding development. Section 2. On June 20, 2005 the City Council approved and adopted Final Environmental Impact Report No. 2004-02, the Mitigation Monitoring Program, and the Statement of Overriding Considerations. In accordance with the California Environmental Quality Act, an Addendum to the Final Environmental Impact Report No. 2004-02 and the mitigation monitoring program was prepared for this project. Based upon the studies, the City Council determines that there are no new significant impacts or any increases in the severity of the impacts previously identified in the original Environmental Impact Report. The City Council hereby approves the Addendum to the Final Environmental Impact Report No. 2004-02 and approves the mitigation monitoring program, attached hereto as Exhibit "A" and incorporated as though fully set forth herein. Section 3. The City Council of the City of Santa Ana after conducting the public hearing hereby approves: A. Conditional Use Permit No. 2009-08 as conditioned in Exhibit "B" attached hereto and incorporated herein for the hotel located at 6 East Mac Arthur Place. B. Variance No. 2009-02 as conditioned in Exhibit "C" attached hereto and incorporated herein for the reduction of the number of required parking spaces for the property located at 6 East Mac Arthur Place. Resolution No. 2009- 758-117 Page 5 of 30 These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Council Action dated May 4, 2009 and exhibits attached thereto; and the public testimony written and oral; and the Final Environmental Impact Report No. 2004-02, the Mitigation Monitoring Program, and the Statement of Overriding Considerations was approved and adopted by resolution by the City Council on June 20, 2005 all of which are incorporated herein by this reference. Section 4. This Resolution shall not be effective unless and until Ordinance No. NS- becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 5. Applicant has requested the approval of the above entitlements which are incompatible with previously granted entitlements. As such, any and all previously approved entitlements, including but not limited to parking variances and conditional use permits, to build or operate the 13,470 square foot retail/restaurant building and the six- story office/residential (15-unit) loft building on the Cinema site, are hereby null and void and of no further force and effect. Section 6. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this day of , 2009 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Resolution No. 2009- Page 6 of 30 75B-118 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. 2009-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 75B-119 Resolution No. 2009- Page 7 of 30 Conditions for Approval for Conditional Use Permit No. 2009-08 Conditional Use Permit No. 2009-08 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of this conditional use permit. A. Planning Division The project shall remain in compliance with Site Plan Review (DP No. 08-81). 2. 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. Prior to issuance of a Certificate of Occupancy the applicant shall provide a Parking Management Plan documenting how the tandem valet parking will function. Included in this plan shall be a commitment on behalf the hotel operator to offer valet parking service on 24-hour basis to hotel guests. 4. A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the hardscape design, lighting concepts and outdoor furniture. At a minimum, the project shall incorporate the amount and size of landscaping as shown on Sheet CSL1.1. The exact specifications for these items are subject to the review and approval of the Planning Commission. 5. Prior to submittal to building plan check, required notations shall be added to the plan to address Fire Department comments from site plan review memorandum dated December 31, 2008. Exhibit B Resolution No. 2009- Page 8 of 30 75B-120 Mitigation Measures 6. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy as required by the approved plans. 7. The following items must be included as exterior amenities for the development: Enhanced paving in the motor court, enhanced paving on the walkways, and a pool and spa. The exact specifications for these items are subject to the review and approval of the Planning Manager. 8. Pedestrian walkways shall be provided through all lots to establish pedestrian pathways throughout the development as shown on the approved Pedestrian Master Plan. The amenities to be provided along this pathway shall include decorative concrete and paving, accent lighting, and landscape planters as shown on the plans. The materials and design of the walkway is subject to the review and approval of the Planning Manager. The improvements must be completed prior to issuance of a certificate of occupancy for the hotel. 9. Signage to direct customers and guests to the adjacent parking structure shall be provided. A directional sign plan needs to be submitted and approved by the Planning Manager prior to issuance of a certificate of occupancy. 10. Construction workers for the project shall be prohibited from parking in the adjacent neighborhoods. 11. Prior to issuance of building permits, the project developer shall ensure that the building plans reflect the following information: outdoor lighting fixtures adjacent to exterior doors and within walkways and parking lots shall generate a minimum 1.0 foot candle level of light during normal operation hours. During non-operating hours, outdoor lighting fixtures shall generate no less than .25 foot candle level of light. All lighting shall be directed towards the interior of the project site. 12. Prior to issuance of building permits, building plans for the proposed project shall reflect the use of non-reflective building materials to minimize light and glare impacts. 13. Prior to the issuance of building permits, a Final Landscape Plan for the project shall be approved by the City of Santa Ana Planning and Building Agency. The Final Landscape Plan shall be based on the conceptual landscape plan included in the EIR. Resolution No. 2009- Page 9 of 30 75B-121 14. Prior to issuance of Certificate of Occupancy Permits, the required landscaping for each building component of the project shall be installed to the satisfaction of the City of Santa Ana Planning Department. 15. Prior to the issuance of a building permit, the project developer shall provide evidence to the Planning Manager that an FAA "No Hazard" determination has been secured. The project developer shall demonstrate compliance with any conditions imposed by the FAA. 16. During construction, the contractor shall be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: • All materials excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. • All clearing and earthwork activities shall cease during periods of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. • Internal roadways and project site entry and exit points shall be cleaned at the end of each day by the project developer. Dust and debris from construction activities that migrates or is carried onto MacArthur Boulevard or Main Street adjacent to the project site shall also be cleaned each day. • All material transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. Haul trucks leaving the site shall have a minimum freeboard distance of 12 inches. • Construction equipment leaving the project site shall be wheel washed. • The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. • Equipment engines shall be maintained in good condition and in proper tune according manufacturer's specifications. • To the extent feasible, construction equipment shall use alternative clean fuels such as compressed natural gas equipment with oxidation catalysts. If alternative Resolution No. 2009- Page 10 of 30 75B-122 clean fuels are not feasible, gasoline powered construction equipment shall be used. • Construction equipment operating on diesel fuel shall use particulate filters or low sulfur diesel. To the extent feasible construction operations shall use electricity from power poles in-lieu of temporary diesel or gasoline-powered generators. 17. Prior to commencement of construction activities, the project developer shall identify to the City a construction relations officer to act as a community liaison concerning on-site activity, including resolution of issues related to dust generation from grading/paving activities. A publicly visible sign shall be posted with the name of construction relations officer and a telephone number. 18. During finish work, the construction contractor shall ensure the minimization of ROG emissions. Building plans for the project shall specify and require the use of pre-coated building materials, use of high pressure-low volume (HPL~ paint applicators with 50 percent efficiency, and use of lower volatility paint not to exceed 100 grams of ROG per liter. 19. During construction and grading activities, the developer's construction contractor shall comply with the measures set forth in the Storm Water Pollution Prevention Plan (SWPPP) to ensure that airborne dust is kept to a minimum. 20. Prior to issuance of building permits and to the extent feasible, building plans for the proposed project shall reflect the use of the following measures. • Use low-polluting high energy-efficient appliances • Install solar panels on roofs to supply electricity for heating and cooling • Use double-paned windows to reduce thermal loss • Install automatic lighting on/off controls and energy-efficient lighting • Use light colored roofing materials in new construction to deflect heat away from buildings. 21. During grading operations, special handling of on-site soils shall be required due to the high moisture content of the soils, which is well above optimum moisture conditions. The City of Santa Ana shall monitor the grading contractor to ensure stabilization of the soils during grading prior to placing and compacting fill soils over wet sub-grade soils, as recommended in the geotechnical investigation prepared by Geotechnical Professionals, Inc. Resolution No. 2009- Page 11 of 30 75B-123 22. Prior to issuance of building permits, the project developer shall ensure that pile foundations are incorporated into the project design to mitigate the potential settlement hazards beneath the proposed buildings. Pile foundations shall be installed according to the recommendations provided in the project geotechnical report. 23. Prior to initiation of project grading, the project developer shall ensure that all existing utilities will be relocated, abandoned and removed, rerouted, or protected in coordination with the project developer and affected utility companies. 24. Prior to issuance of a grading permit for project construction, the project developer shall ensure that a Final Geotechnical Report on the project site is prepared. All recommendations from this Final Geotechnical Report shall be incorporated into the final grading plan for the project. 25. Prior to issuance of building permits, the project developer shall ensure that all structures on the site are designed in accordance with the seismic design provisions set forth in the Final Geotechnical Report and the Uniform Building Code in order to promote safety in the event of a seismic event. 26. Prior to issuance of grading permits, the project developer shall determine and demonstrate to the City of Santa Ana that the foundation piles for the project would not intrude into the Orange County groundwater basin. In the event the foundations intrude into the groundwater basin, the project developer shall obtain approval and/or permits from the Orange County Water District and the Regional Water Quality Control Board. Any measures required by these agencies will be incorporated into the final design and construction specifications for the project. 27. Prior to issuance of grading permits, the project developer shall ensure that provisions set forth in the Final Geotechnical Report regarding dust control measures during site preparation, grading and construction are incorporated into the final construction specifications for the project. 28. Prior to issuance of grading permits, the project developer shall provide proof to the City of Santa Ana of an NPDES permit from the RWQCB for on-site dewatering activities. 29. Prior to issuance of a grading permit for the project, the project developer shall prepare and submit a Notice of Intent (NOI) to the State Water Resources Control Board (SWRCB). The developer will also submit the NOI and the project Water Discharge identification Number (WDIN) provided by the SWRCB to the City of Santa Ana City Engineer. Resolution No. 2009- Page 12 of 30 75B-124 30. During all site preparation, grading and construction, the project developer shall ensure that the project contractor complies with all applicable requirements of the NPDES permit, the Drainage Area Management Plan (DAMP), and the City's Local Implementation Plan (LIP). BMPs from the DAMP and the LIP will be implemented by the project contractors, as appropriate during site preparation, grading and construction. 31. Prior to issuance of a grading permit, the project developer shall prepare a Final Storm Water Pollution Prevention Plan (SWPPP). This plan shall be submitted and approved by the City Engineer prior to initiation of any grading activity. The project shall maintain the SWPPP on the construction site throughout the construction period. 32. During all site preparation, grading and construction, the project developer shall ensure that its contractor implements the provisions of the SWPPP. 33. Prior to the issuance of grading permits, the project developer shall submit a Final Water Quality Management Plan (WQMP) based on the Final Grading Plan, to be approved by the City's Director of Public Works. The WQMP shall be consistent with the DAMP and shall contain provisions and BMPs for construction and operation conditions. 34. Prior to the issuance of building permits, the project developer shall pay the City's drainage impact fee. 35. Prior to the issuance of grading permits, the project developer shall verify that structural BMPs have been permanently incorporated into project plans. Such BMPs shall ensure that pollutants from project-related storm water runoff are mitigated consistently with applicable state and local standards. 36. Prior to issuance of grading permits, the project developer shall submit a final drainage plan to the City identifying the exact size and location of drainage facilities. 37. Prior to issuance of grading permits, the project developer shall provide proof of an NPDES permit from RWQCB to the City for onsite dewatering activities. 38. Prior to issuance of building permits, the project developer shall ensure that any restaurant is fitted with grease interceptors to the size and capacity as designated by the City of Santa Ana Building Division. Resolution No. 2009- Page 13 of 30 75B-125 39. Prior to building occupancy, to the extent possible, all equipment shall be enclosed within a building or separate structure. Where this is not possible, barriers may be necessary to shield the equipment from the existing and proposed residential buildings. Depending on the size and style of the equipment, silencers in the intake and exhaust ducts may also be necessary to reduce noise at the residential buildings to an acceptable level. 40. Construction plans for the proposed project shall reflect the following note: "During demolition and construction, the contractor shall adhere to all City Noise Ordinance requirements to limit all construction activity, including equipment start-up, to between the hours of 7:00 a.m. and 8:00 p.m. Mondays through Saturdays. No construction shall take place on Sundays or federal holidays. 41. During construction, the contractor shall site all construction staging and storage areas away from sensitive receptors to the furthest extent possible. 42. During construction activities, the project developer shall ensure that all pile driving equipment shall be enclosed on all sides with an acoustical blanket barrier that provides a minimum sound transmission class (STC) rating of 30. The height of the blanket enclosure shall be at least 20-feet. With the exception of points of access to the enclosure area, there shall be no openings or gaps in the enclosure, and all points of access are to remain closed during pile driving activities. Notwithstanding Mitigation Measure No. 67, pile driving shall not commence prior to 8:00 a.m. on Saturday. 43. Prior to issuance of grading permits, the project developer shall submit a construction equipment staging plan to the City of Santa Ana for approval. 44. Prior to the start of construction activity, the project developer shall post the name and telephone number of the construction relations officer on-site. 45. Prior to any site preparation, grading or construction, the project contractor shall provide to resident associations in the Sandpointe neighborhood, the Main Attraction Condominiums and the Pinnacle Apartments a project schedule indicating the type of construction activity and duration, construction staging areas and the name and telephone number of the construction relations officer. 46. Prior to issuance of a building permit, the project developer shall coordinate any required relocation of fire hydrants on the property with Santa Ana Fire Department. Final approval from the Fire Department is required regarding location of hydrants on the project site. Resolution No. 2009- Page 14 of 30 75B-126 47. Prior to issuance of a grading permit, the project developer shall submit building plans to the Santa Ana Police Department in order to ensure compliance with the City of Santa Ana's Building Security Ordinance. The Police Department must approve the building plans with regard to the Building Security Ordinance prior to initiation of grading. 48. Prior to issuance of a building permit, the project developer shall prepare a Mandated Security Plan, which would need final Police department approval. The plan is required to address issues such as onsite uniform security staffing, restriction of hours of operation for the parking garages, implementation of electronic security, mechanical surveillance, and compliance with the basic principles of Crime Prevention Through Environmental Design. 49. Prior to issuance of a building permit, the project developer shall comply with Senate Bill 50 and pay applicable school impact fees. Currently, the Santa Ana Unified School District's adopted Fee Justification for residential development is $2.14 per square foot and $0.33 per square foot for commercial development. 50. Prior to issuance of a building permit, the project developer shall ensure that the appropriate park Acquisition and Development Fee and parkland dedication or in-lieu payments have been made. 51. Prior to issuance of building permits, the project developer shall submit a Construction Plan to Santa Ana Fire Department. The plan must be consistent with the Fire Department Fire Code requirements and must show that emergency access to the construction site is adequate. 52. Prior to issuance of building permits, the project developer shall provide evidence to the Santa Ana Fire Department that the proposed fire protection and life saving systems incorporated in the project are adequate. 53. Prior to issuance of building permits, the project developer shall submit the final design of the project, including fire sprinklers system design to the Santa Ana Fire Department for approval. 54. Prior to issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the restriping of the outside southbound through lane at the intersection of Main Street and Sunflower to a shared through and right turn lane. 55. Prior to issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the restriping the shared through right- Resolution No. 2009- Page 15 of 30 75B-127 turn lane at Hutton Centre Drive and MacArthur Boulevard to provide an exclusive through lane and construct a second northbound right turn lane for the northbound traffic. 56. Prior to issuance of building occupancy permits, the project developer shall pay for the construction of a third eastbound through lane on MacArthur Boulevard between Hutton Centre Drive/Imperial Promenade and the SR-55 northbound on-ramp. 57. Prior to the issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the installation of a traffic signal at Hutton Centre Drive and Hutton Centre Loop. 58. Prior to issuance of building occupancy permits, the project developer shall pay for the construction of a fourth eastbound lane on MacArthur Boulevard between Hutton Centre Drive/Imperial Promenade and the SR-55 southbound on-ramp. 59. Prior to issuance of building occupancy permits, the project developer shall contribute $200,000 for the City of Santa Ana to prepare a neighborhood traffic study to assess any intrusion of project traffic into the Sandpointe Neighborhood. If traffic intrusion is attributable to the project, corrective measures could include forced-turn channelization, semi-diverters, diagonal diverters and cul-de-sacs. 60. Prior to issuance of building occupancy permits, the project developer shall develop a parking plan in cooperation with the City of Santa Ana to ensure that parking needs are met. 61. Prior to issuance of building occupancy permits the project developer shall pay afair- share contribution for restriping a second eastbound right-turn lane at the intersection of Main Street and Sunflower in order to achieve LOS D for 2025. 62. Prior to issuance of grading permits, the project developer shall coordinate with SCE to determine the exact location of all underground and overhead electrical facilities. All electrical facilities and associated structures to be left on the project site shall be protected from damage. 63. Prior to issuance of grading permits, the project developer shall ensure that grading plans reflect the under grounding of utility lines serving the proposed project. 64. Prior to issuance of grading permits, the project developer shall coordinate with Southern California Gas to determine the exact location of all underground natural gas facilities. All gas pipelines and associated structures to be left on the project site must be protected from damage. Resolution No. 2009- Page 16 of 30 75B-128 65. Prior to issuance of grading permits, the project developer shall coordinate with Adelphia Communications to determine the exact location of all underground cable facilities. The developer shall protect all existing cable lines and associated structures to be left on the project site for damage. 66. Prior to issuance of grading permits, the project developer shall coordinate with SBC Communications (formerly Pacific Bell) to determine the exact location of all underground telephone facilities. The developer shall protect all existing telephone lines and associated structures to be left on the project site from damage. 67. Prior to issuance of grading permits, the project developer shall demonstrate to the City of Santa Ana that construction-related waste generated on-site would be recycled wherever feasible as the first choice of disposal method, leaving the option of landfill disposal as a last alternative. The proposed commercial uses shall incorporate facilities for collection and pick-up of recyclable materials into the design of the project. 68. Prior to issuance of grading permits, the project developer shall coordinate with the Santa Ana Water Division to determine the exact location of all existing underground water supply facilities and take action to prevent damage to these facilities to be left on the project site or interfere with their operation. The project developer shall pay their fair share amount for the necessary facilities to accommodate project-related water supplies. 69. Prior to issuance of building permits, the existing eight-inch sewer line along Hutton Centre Drive north of Sandpointe Avenue, shall be replaced with a new 10-inch sewer line. 70. Prior to issuance of grading permits, the project developer shall coordinate with Waste Management on the type and location of facilities needed to provide solid waste disposal service to the project site. 71. Prior to issuance of grading permits, the project developer shall perform soil testing to determine is soil to be excavated from the site will require off-site disposal. If the soil is found to be contaminated, it will be properly disposed of in compliance with California environmental laws, regulations and policies. 72. During the design and construction, the project developer shall incorporate features in to the project that will minimize impacts from greenhouse gas emissions such as planting onsite trees as a means of providing carbon storage, promoting energy Resolution No. 2009- Page 17 of 30 75B-129 saving measures beyond Title 24 requirements and encouraging the use of Energy Star equipment and appliances. 73. Prior to the issuance of a building permit, the project developer shall provide evidence to the Planning Manager that the FAA Determination of No Hazard to Air Navigation has been obtained for the relocated Cinema Tower. The project developer shall demonstrate compliance with any conditions imposed by the FAA in their determination. 74. During operation of the hotel, the project developer shall ensure that truck deliveries to the hotel shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. Delivery trucks shall not be permitted to idle in the parking lots or loading areas and shall be required to have properly maintained, factory-approved mufflers. Delivery truck drivers shall be encouraged to minimize acceleration and maintain reduced vehicle speeds while on-site. 75. During project construction for the hotel, the project contractor shall verify that structural designs and acoustical baffling are implemented to reduce noise levels form mechanical equipment (ventilation fans, air conditioning and refrigeration units and their associated inlet and exhaust systems) to a level that complies with the City's Municipal Code noise ordinance standards. 76. Prior to issuance of building permits, the project developer shall ensure that the building plans for the hotel shall incorporate facilities for collection and pick-up of recyclable materials. B. Police Department A security plan must be submitted to the Police Department at the plan check stage for approval. The plan must cover all aspects of the projects security including security personnel, surveillance equipment, and hardware. The project will be required to have a minimum of four state licensed uniformed security personnel. One security officer will be required for each building, one for the podium level and one for the parking garage. 2. All project walkways shall be illuminated to a minimum maintained one footcandle of light. 3. Existing surface parking lot must conform to the provisions of Chapter 8, Article II Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting be upgraded to current Resolution No. 2009- Page 18 of 30 75B-130 code standards. Lighting standards cannot be located in required landscape planters. Resolution No. 2009- Page 19 of 30 75B-131 Conditions for Approval for Variance No. 2009-02 Variance No. 2009-08 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of this variance. A. Planning Division The project shall remain in compliance with Site Plan Review (DP No. 08-81). 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Prior to issuance of a Certificate of Occupancy the applicant shall provide a Parking Management Plan documenting how the tandem valet parking will function. Included in this plan shall be a commitment on behalf the hotel operator to offer valet parking service on 24-hour basis to hotel guests. 4. A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the hardscape design, lighting concepts and outdoor furniture. At a minimum, the project shall incorporate the amount and size of landscaping as shown on Sheet CSL1.1. The exact specifications for these items are subject to the review and approval of the Planning Commission. 5. Prior to submittal to building plan check, required notations shall be added to the plan to address Fire Department comments from site plan review memorandum dated December 31, 2008. Mitigation Measures 6. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy as required by the approved plans. Exhibit C Resolution No. 2009- Page 20 of 30 75B-132 7. The following items must be included as exterior amenities for the development: Enhanced paving in the motor court, enhanced paving on the walkways, and a pool and spa. The exact specifications for these items are subject to the review and approval of the Planning Manager. 8. Pedestrian walkways shall be provided through all lots to establish pedestrian pathways throughout the development as shown on the approved Pedestrian Master Plan. The amenities to be provided along this pathway shall include decorative concrete and paving, accent lighting, and landscape planters as shown on the plans. The materials and design of the walkway is subject to the review and approval of the Planning Manager. The improvements must be completed prior to issuance of a certificate of occupancy for the hotel. 9. Signage to direct customers and guests to the adjacent parking structure shall be provided. A directional sign plan needs to be submitted and approved by the Planning Manager prior to issuance of a certificate of occupancy. 10. Construction workers for the project shall be prohibited from parking in the adjacent neighborhoods. 11. Prior to issuance of building permits, the project developer shall ensure that the building plans reflect the following information: outdoor lighting fixtures adjacent to exterior doors and within walkways and parking lots shall generate a minimum 1.0 foot candle level of light during normal operation hours. During non-operating hours, outdoor lighting fixtures shall generate no less than .25 foot candle level of light. All lighting shall be directed towards the interior of the project site. 12. Prior to issuance of building permits, building plans for the proposed project shall reflect the use of non-reflective building materials to minimize light and glare impacts. 13. Prior to the issuance of building permits, a Final Landscape Plan for the project shall be approved by the City of Santa Ana Planning and Building Agency. The Final Landscape Plan shall be based on the conceptual landscape plan included in the EIR. 14. Prior to issuance of Certificate of Occupancy Permits, the required landscaping for each building component of the project shall be installed to the satisfaction of the City of Santa Ana Planning Department. 15. Prior to the issuance of a building permit, the project developer shall provide evidence to the Planning Manager that an FAA "No Hazard" determination has been Resolution No. 2009- Page 21 of 30 75B-133 secured. The project developer shall demonstrate compliance with any conditions imposed by the FAA. 16. During construction, the contractor shall be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: • All materials excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. • All clearing and earthwork activities shall cease during periods of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. • Internal roadways and project site entry and exit points shall be cleaned at the end of each day by the project developer. Dust and debris from construction activities that migrates or is carried onto MacArthur Boulevard or Main Street adjacent to the project site shall also be cleaned each day. • All material transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. Haul trucks leaving the site shall have a minimum freeboard distance of 12 inches. • Construction equipment leaving the project site shall be wheel washed. • The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. • Equipment engines shall be maintained in good condition and in proper tune according manufacturer's specifications. • To the extent feasible, construction equipment shall use alternative clean fuels such as compressed natural gas equipment with oxidation catalysts. If alternative clean fuels are not feasible, gasoline powered construction equipment shall be used. • Construction equipment operating on diesel fuel shall use particulate filters or low sulfur diesel. • To the extent feasible construction operations shall use electricity from power poles in-lieu of temporary diesel orgasoline-powered generators. Resolution No. 2009- Page 22 of 30 75B-134 17. Prior to commencement of construction activities, the project developer shall identify to the City a construction relations officer to act as a community liaison concerning on-site activity, including resolution of issues related to dust generation from grading/paving activities. A publicly visible sign shall be posted with the name of construction relations officer and a telephone number. 18. During finish work, the construction contractor shall ensure the minimization of ROG emissions. Building plans for the project shall specify and require the use of pre-coated building materials, use of high pressure-low volume (HPL~ paint applicators with 50 percent efficiency, and use of lower volatility paint not to exceed 100 grams of ROG per liter. 19. During construction and grading activities, the developer's construction contractor shall comply with the measures set forth in the Storm Water Pollution Prevention Plan (SWPPP) to ensure that airborne dust is kept to a minimum. 20. Prior to issuance of building permits and to the extent feasible, building plans for the proposed project shall reflect the use of the following measures. • Use low-polluting high energy-efficient appliances • Install solar panels on roofs to supply electricity for heating and cooling • Use double-paned windows to reduce thermal loss • Install automatic lighting on/off controls and energy-efficient lighting • Use light colored roofing materials in new construction to deflect heat away from buildings. 21. During grading operations, special handling of on-site soils shall be required due to the high moisture content of the soils, which is well above optimum moisture conditions. The City of Santa Ana shall monitor the grading contractor to ensure stabilization of the soils during grading prior to placing and compacting fill soils over wet sub-grade soils, as recommended in the geotechnical investigation prepared by Geotechnical Professionals, Inc. 22. Prior to issuance of building permits, the project developer shall ensure that pile foundations are incorporated into the project design to mitigate the potential settlement hazards beneath the proposed buildings. Pile foundations shall be installed according to the recommendations provided in the project geotechnical report. Resolution No. 2009- Page 23 of 30 75B-135 23. Prior to initiation of project grading, the project developer shall ensure that all existing utilities will be relocated, abandoned and removed, rerouted, or protected in coordination with the project developer and affected utility companies. 24. Prior to issuance of a grading permit for project construction, the project developer shall ensure that a Final Geotechnical Report on the project site is prepared. All recommendations from this Final Geotechnical Report shall be incorporated into the final grading plan for the project. 25. Prior to issuance of building permits, the project developer shall ensure that all structures on the site are designed in accordance with the seismic design provisions set forth in the Final Geotechnical Report and the Uniform Building Code in order to promote safety in the event of a seismic event. 26. Prior to issuance of grading permits, the project developer shall determine and demonstrate to the City of Santa Ana that the foundation piles for the project would not intrude into the Orange County groundwater basin. In the event the foundations intrude into the groundwater basin, the project developer shall obtain approval and/or permits from the Orange County Water District and the Regional Water Quality Control Board. Any measures required by these agencies will be incorporated into the final design and construction specifications for the project. 27. Prior to issuance of grading permits, the project developer shall ensure that provisions set forth in the Final Geotechnical Report regarding dust control measures during site preparation, grading and construction are incorporated into the final construction specifications for the project. 28. Prior to issuance of grading permits, the project developer shall provide proof to the City of Santa Ana of an NPDES permit from the RWQCB for on-site dewatering activities. 29. Prior to issuance of a grading permit for the project, the project developer shall prepare and submit a Notice of Intent (NOI) to the State Water Resources Control Board (SWRCB). The developer will also submit the NOI and the project Water Discharge identification Number (WDIN) provided by the SWRCB to the City of Santa Ana City Engineer. 30. During all site preparation, grading and construction, the project developer shall ensure that the project contractor complies with all applicable requirements of the NPDES permit, the Drainage Area Management Plan (DAMP), and the City's Local Implementation Plan (LIP). BMPs from the DAMP and the LIP will be implemented Resolution No. 2009- Page 24 of 30 75B-136 by the project contractors, as appropriate during site preparation, grading and construction. 31. Prior to issuance of a grading permit, the project developer shall prepare a Final Storm Water Pollution Prevention Plan (SWPPP). This plan shall be submitted and approved by the City Engineer prior to initiation of any grading activity. The project shall maintain the SWPPP on the construction site throughout the construction period. 32. During all site preparation, grading and construction, the project developer shall ensure that its contractor implements the provisions of the SWPPP. 33. Prior to the issuance of grading permits, the project developer shall submit a Final Water Quality Management Plan (WQMP) based on the Final Grading Plan, to be approved by the City's Director of Public Works. The WQMP shall be consistent with the DAMP and shall contain provisions and BMPs for construction and operation conditions. 34. Prior to the issuance of building permits, the project developer shall pay the City's drainage impact fee. 35. Prior to the issuance of grading permits, the project developer shall verify that structural BMPs have been permanently incorporated into project plans. Such BMPs shall ensure that pollutants from project-related storm water runoff are mitigated consistently with applicable state and local standards. 36. Prior to issuance of grading permits, the project developer shall submit a final drainage plan to the City identifying the exact size and location of drainage facilities. 37. Prior to issuance of grading permits, the project developer shall provide proof of an NPDES permit from RWQCB to the City for onsite dewatering activities. 38. Prior to issuance of building permits, the project developer shall ensure that any restaurant is fitted with grease interceptors to the size and capacity as designated by the City of Santa Ana Building Division. 39. Prior to building occupancy, to the extent possible, all equipment shall be enclosed within a building or separate structure. Where this is not possible, barriers may be necessary to shield the equipment from the existing and proposed residential buildings. Depending on the size and style of the Resolution No. 2009- Page 25 of 30 75B-137 equipment, silencers in the intake and exhaust ducts may also be necessary to reduce noise at the residential buildings to an acceptable level. 40. Construction plans for the proposed project shall reflect the following note: "During demolition and construction, the contractor shall adhere to all City Noise Ordinance requirements to limit all construction activity, including equipment start-up, to between the hours of 7:00 a.m. and 8:00 p.m. Mondays through Saturdays. No construction shall take place on Sundays or federal holidays. 41. During construction, the contractor shall site all construction staging and storage areas away from sensitive receptors to the furthest extent possible. 42. During construction activities, the project developer shall ensure that all pile driving equipment shall be enclosed on all sides with an acoustical blanket barrier that provides a minimum sound transmission class (STC) rating of 30. The height of the blanket enclosure shall be at least 20-feet. With the exception of points of access to the enclosure area, there shall be no openings or gaps in the enclosure, and all points of access are to remain closed during pile driving activities. Notwithstanding Mitigation Measure No. 67, pile driving shall not commence prior to 8:00 a.m. on Saturday. 43. Prior to issuance of grading permits, the project developer shall submit a construction equipment staging plan to the City of Santa Ana for approval. 44. Prior to the start of construction activity, the project developer shall post the name and telephone number of the construction relations officer on-site. 45. Prior to any site preparation, grading or construction, the project contractor shall provide to resident associations in the Sandpointe neighborhood, the Main Attraction Condominiums and the Pinnacle Apartments a project schedule indicating the type of construction activity and duration, construction staging areas and the name and telephone number of the construction relations officer. 46. Prior to issuance of a building permit, the project developer shall coordinate any required relocation of fire hydrants on the property with Santa Ana Fire Department. Final approval from the Fire Department is required regarding location of hydrants on the project site. 47. Prior to issuance of a grading permit, the project developer shall submit building plans to the Santa Ana Police Department in order to ensure compliance with the City of Santa Ana's Building Security Ordinance. The Police Department must approve the building plans with regard to the Building Security Ordinance prior to initiation of grading. Resolution No. 2009- Page 26 of 30 75B-138 48. Prior to issuance of a building permit, the project developer shall prepare a Mandated Security Plan, which would need final Police department approval. The plan is required to address issues such as onsite uniform security staffing, restriction of hours of operation for the parking garages, implementation of electronic security, mechanical surveillance, and compliance with the basic principles of Crime Prevention Through Environmental Design. 49. Prior to issuance of a building permit, the project developer shall comply with Senate Bill 50 and pay applicable school impact fees. Currently, the Santa Ana Unified School District's adopted Fee Justification for residential development is $2.14 per square foot and $0.33 per square foot for commercial development. 50. Prior to issuance of a building permit, the project developer shall ensure that the appropriate park Acquisition and Development Fee and parkland dedication or in- lieu payments have been made. 51. Prior to issuance of building permits, the project developer shall submit a Construction Plan to Santa Ana Fire Department. The plan must be consistent with the Fire Department Fire Code requirements and must show that emergency access to the construction site is adequate. 52. Prior to issuance of building permits, the project developer shall provide evidence to the Santa Ana Fire Department that the proposed fire protection and life saving systems incorporated in the project are adequate. 53. Prior to issuance of building permits, the project developer shall submit the final design of the project, including fire sprinklers system design to the Santa Ana Fire Department for approval. 54. Prior to issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the restriping of the outside southbound through lane at the intersection of Main Street and Sunflower to a shared through and right turn lane. 55. Prior to issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the restriping the shared through right-turn lane at Hutton Centre Drive and MacArthur Boulevard to provide an exclusive through lane and construct a second northbound right turn lane for the northbound traffic. 56. Prior to issuance of building occupancy permits, the project developer shall pay for the construction of a third eastbound through lane on MacArthur Boulevard between Hutton Centre Drive/Imperial Promenade and the SR-55 northbound on- ramp. Resolution No. 2009- Page 27 of 30 75B-139 57. Prior to the issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the installation of a traffic signal at Hutton Centre Drive and Hutton Centre Loop 58. Prior to issuance of building occupancy permits, the project developer shall pay for the construction of a fourth eastbound lane on MacArthur Boulevard between Hutton Centre Drive/Imperial Promenade and the SR-55 southbound on-ramp. 59. Prior to issuance of building occupancy permits, the project developer shall contribute $200,000 for the City of Santa Ana to prepare a neighborhood traffic study to assess any intrusion of project traffic into the Sandpointe Neighborhood. If traffic intrusion is attributable to the project, corrective measures could include forced-turn channelization, semi-diverters, diagonal diverters and cul-de-sacs. 60. Prior to issuance of building occupancy permits, the project developer shall develop a parking plan in cooperation with the City of Santa Ana to ensure that parking needs are met. 61. Prior to issuance of building occupancy permits the project developer shall pay a fair-share contribution for restriping a second eastbound right-turn lane at the intersection of Main Street and Sunflower in order to achieve LOS D for 2025. 62. Prior to issuance of grading permits, the project developer shall coordinate with SCE to determine the exact location of all underground and overhead electrical facilities. All electrical facilities and associated structures to be left on the project site shall be protected from damage. 63. Prior to issuance of grading permits, the project developer shall ensure that grading plans reflect the under grounding of utility lines serving the proposed project. 64. Prior to issuance of grading permits, the project developer shall coordinate with Southern California Gas to determine the exact location of all underground natural gas facilities. Alf gas pipelines and associated structures to be left on the project site must be protected from damage. 65. Prior to issuance of grading permits, the project developer shall coordinate with Adelphia Communications to determine the exact location of all underground cable facilities. The developer shall protect all existing cable lines and associated structures to be left on the project site for damage. 66. Prior to issuance of grading permits, the project developer shall coordinate with SBC Communications (formerly Pacific Bell) to determine the exact location of all underground telephone facilities. The developer shall protect all existing Resolution No. 2009- Page 28 of 30 75B-140 telephone lines and associated structures to be left on the project site from damage. 67. Prior to issuance of grading permits, the project developer shall demonstrate to the City of Santa Ana that construction-related waste generated on-site would be recycled wherever feasible as the first choice of disposal method, leaving the option of landfill disposal as a last alternative. The proposed commercial uses shall incorporate facilities for collection and pick-up of recyclable materials into the design of the project. 68. Prior to issuance of grading permits, the project developer shall coordinate with the Santa Ana Water Division to determine the exact location of all existing underground water supply facilities and take action to prevent damage to these facilities to be left on the project site or interfere with their operation. The project developer shall pay their fair share amount for the necessary facilities to accommodate project-related water supplies. 69. Prior to issuance of building permits, the existing eight-inch sewer line along Hutton Centre Drive north of Sandpointe Avenue, shall be replaced with a new 10-inch sewer line. 70. Prior to issuance of grading permits, the project developer shall coordinate with Waste Management on the type and location of facilities needed to provide solid waste disposal service to the project site. 71. Prior to issuance of grading permits, the project developer shall perform soil testing to determine is soil to be excavated from the site will require off-site disposal. If the soil is found to be contaminated, it will be properly disposed of in compliance with California environmental laws, regulations and policies. 77. During the design and construction, the project developer shall incorporate features in to the project that will minimize impacts from greenhouse gas emissions such as planting onsite trees as a means of providing carbon storage, promoting energy saving measures beyond Title 24 requirements and encouraging the use of Energy Star equipment and appliances. 78. Prior to the issuance of a building permit, the project developer shall provide evidence to the Planning Manager that the FAA Determination of No Hazard to Air Navigation has been obtained for the relocated Cinema Tower. The project developer shall demonstrate compliance with any conditions imposed by the FAA in their determination. 79. During operation of the hotel, the project developer shall ensure that truck deliveries to the hotel shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. Delivery trucks shall not be permitted to idle in the parking lots or loading areas Resolution No. 2009- Page 29 of 30 75B-141 and shall be required to have properly maintained, factory-approved mufflers. Delivery truck drivers shall be encouraged to minimize acceleration and maintain reduced vehicle speeds while on-site. 80. During project construction for the hotel, the project contractor shall verify that structural designs and acoustical baffling are implemented to reduce noise levels form mechanical equipment (ventilation fans, air conditioning and refrigeration units and their associated inlet and exhaust systems) to a level that complies with the City's Municipal Code noise ordinance standards. 81. Prior to issuance of building permits, the project developer shall ensure that the building plans for the hotel shall incorporate facilities for collection and pick-up of recyclable materials. B. Police Department A security plan must be submitted to the Police Department at the plan check stage for approval. The plan must cover all aspects of the projects security including security personnel, surveillance equipment, and hardware. The project will be required to have a minimum of four state licensed uniformed security personnel. One security officer will be required for each building, one for the podium level and one for the parking garage. 2. All project walkways shall be illuminated to a minimum maintained one footcandle of light. 3. Existing surface parking lot must conform to the provisions of Chapter 8, Article II Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Resolution No. 2009- Page 30 of 30 75B-142 State Clearinghouse No.: 2004061140 Draft EIR (Distributed): March 4, 2005 Final EIR (Certified On): June 20, 2005 ,, . .,., . ' ~ ; ._,.~. _ _,- z ~ ~ ~ _ , L ~~. ' ',r'. z ~ I __ ~ .._., .r. .. _ ,~ i '„ ' - „~ __ ~ ~1 Y~~~,~11 ...,~ ~~~,~: h~ ~, ... ~' ~ wee. 7 4 .. ... ~~ :l _ , -fi .~-~ ~~ Addendum to Final Environmental Impact Report No. 2004-02 MacArthur Place South ~_ ~,d~acsdon l+t City of Santa Ana March 2009 Prepared for: Lead Agency City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92702 Contact Person: Vince Fregoso Principal Planner Planning Division (714)667-2713 Prepared by: CAA Planning 85 Argonaut, Suite 220 Aliso Viejo, California 92656 Contact Person: Shawna L. Schaffner Chief Executive Officer (949)581-2888 75B-143 State Clearinghouse No.: 2004061140 Draft EIR (Distributed}: March 4, 2005 Final EIR (Certified On): June 20, 2005 Contents Introduction .................................................................................... l ............................................................ ... A. Executive Summary ................................................................................................................ .. 1 B. Environmental Impact Report Addendum ............................................................................... .. 1 C. Statutory Requirements ............................................................................................................. 1 Project Description ........................................................................................................................................ 5 A. Location ................................................................................................................................... ..5 B. Background ............................................................................................................................. .. 5 C. Description of Proposed Project ................................................... 15 ........................................... D. Approvals Contemplated ......................................................................................................... 23 Environmental Analysis .............................................................................................................................. 25 Conclusion ........................................................................... 53 ....................................................................... Inventory of Applicable Mitigation Measures .............................. 54 .............................................................. Environmental Checklist ............................................................................................................................. 57 List of Exhibits Exhibit 1 - Regional Map ........................................................... .............. 7 . ................................................... Exhibit 2 - Project Vicinity Map ................................................................................................................ .. 9 Exhibit 3 - 2005 Site Plan ...................................................................................... 11 Exhibit 4 - .................................... 2005 Cinema Site Plan Exhibit 5 - ............................................................................................................. Pro osed Site Plan 13 p .................................................................................................................... 17 Exhibit 6 - Proposed Cinema Site Plan ........................................................ 19 Exhibit 7 - .............................................. Ground Floor Plan .................................................................................................................... 21 Exhibit 8 - North and South Hotel Elevations .......................................................... 27 Exhibit 9 - .................................. East and West Hotel Elevations Exhibit 10 ............................................................................................... -Landsca e Plan 29 p ....................................................................................................................... 31 Appendix A -MacArthur Place Specific Plan Amendment Trip Generation Evaluation, April 1, 2009 MacArthur Place South EIR Addendum 75B-144 Introduction A. Executive Summary The Final Environmental Impact Report ("EIR") for the MacArthur Place South project was certified on June 20, 2005. The project is a mixed use development consisting of three 25-story residential towers, three low rise condominium buildings, asix-story residentiaUoffice building with 10,000 square feet of office and 15 residential loft units, and asingle-story 13,871 square-foot retail building consisting of 8,580 square feet of restaurant and 5,290 square feet of retail. The project site is located at the southeast corner of MacArthur Boulevard and Main Street in southeast Santa Ana. East of the site is the Costa Mesa Freeway (SR-55), south and east of the site is the City of Irvine and the City of Costa Mesa is located to the southwest. John Wayne Airport is approximately 1.1 miles south of the project site. This document constitutes the Addendum to the Final EIR for the Mac Arthur Place South project, SCH #2004061140, as certified by the City of Santa Ana. The Addendum reviews the environmental impacts identified in the EIR in relation to changes to the project since the EIR was certified. These include the elimination of the Cinema Lofts (comprised of 15 residential units and 10,000 square feet of office use), removal of 13,871 square feet of retaiUrestaurant uses, the addition of a 185 room hotel, moving the Cinema Tower south of its approved location and the eventual construction of a parking structure for joint use by the hotel and Cinema Tower. An Initial Study Checklist, pursuant to CEQA, is included herein. The Initial Study and the Addendum fully comply with all relevant California Environmental Quality Act (CEQA) standards to determine if the EIR remains adequate to address the impacts resulting from the project pursuant to CEQA Guidelines § 15164. B. Environmental Impact Report Addendum Pursuant to § 15367 of the CEQA Guidelines, the City of Santa Ana is the Lead Agency for this project. As defined, the lead agency has the principal responsibility for carrying out or approving a project. This Addendum updates the progress made in the project, as certified, and serves to update the information in the EIR as contemplated in CEQA Guidelines § 15164. This document will also be used to acknowledge the addition of mitigation measures and further project modifications to the site. The CEQA Guidelines (California Code of Regulations § 15000, et seq.) authorize the use of an Addendum for the purpose of making minor or technical changes, as long as these changes do not rise to the level of requiring a subsequent or supplemental EIR pursuant to CEQA Guidelines § 15162. CEQA Guidelines § 15164 states: a) The lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. C. Statutory Requirements Section 21166 of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq.) sets the standard to determine whether another EIR should be prepared when an original EIR has been prepared. Section 21166 states: MacArthur Place South EIR Addendum 75B-145 When an environmental impact report has been prepared for a project pursuant to this division, no subsequent or supplemental environmental impact report shall be required by the lead agency or by any responsible agency, unless one or more of the following events occurs: (a) Substantial changes are proposed in the project which will require major revisions of the environmental impact report. (b) Substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the environmental impact report. (c) New information, which was not known and could not have been known at the time the environmental impact report was certified as complete, becomes available. Section 21166 is further explained in the CEQA Guidelines at § 15162 as follows: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken, which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or MacArthur Place South EIR Addendum 75B-146 (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subsection (a). Otherwise, the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. (c) Once a project has been approved, the lead agency's role in project approval is completed, unless further discretionary approval on that project is required. Information appearing after an approval does not require reopening that approval. If after the project is approved, any of the conditions described in subsection (a) occurs, a subsequent EIR or negative declaration shall only be prepared by the public agency which grants the next discretionary approval for the project, if any. In this situation no other Responsible Agency shall grant an approval for the project until the subsequent EIR has been certified or subsequent negative declaration adopted. (d) A subsequent EIR or subsequent negative declaration shall be given the same notice and public review as required under Section 15087 or Section 15072. A subsequent EIR or negative declaration shall state where the previous document is available and can be reviewed. The key to §21166 and § 15162 is to determine if any circumstances have changed enough to justify repeating a substantial portion of the environmental documentation process. If conditions do not justify a new or supplemental EIR, but minor additional or technical changes (such as traffic updates, additional mitigation measures, or project improvements) are appropriate to keep the document current and useful, an agency may prepare an Addendum (CEQA Guidelines § 15164). This Addendum will document the character of any changes or additions to support the determination to prepare an Addendum. It will also provide an opportunity to evaluate all components of § 15162 to determine if the EIR still reflects the full scope of the environmental impact. Where appropriate, citations to the EIR will be made, and assumptions made in the EIR will be evaluated for continuing validity. As described in this Addendum, there are no new significant impacts or any increase in the severity of the impacts previously identified in the EIR. There are no substantial changes proposed in the project which require major revisions of the previous EIR. Therefore, in accordance with CEQA § 15164, this Addendum to the previously certified MacArthur Place South EIR is the appropriate environmental document for the action proposed herein. The §21166 test is the prevailing authority under state law on the question of whether a new environmental document is necessary. This test is a substantive one to determine the document's continuing accuracy and utility. No substantial changes are proposed in the project, no substantial changes in the circumstances for implementation of the project and no new information that was not known at the time the EIR was certified has become available. Therefore, the EIR, as certified, remains adequate and complete. MacArthur Place South EIR Addendum 75B-147 MacArthur Place South Project Approvals The MacArthur Place South project required the following review and discretionary approvals as described in the EIR: • Certification of a Final Environmental Impact Report • Zone change to Specific Development (SD) zone • Site plan review • Lot line adjustment • Tentative/Final Tract Maps • Conditional Use Permit • Parking variance • Airport Land Use Commission consistency finding • Development Agreement • Federal Aviation Administration determination for construction cranes • Regional Water Quality Control Board approval for dewatering activities No change in the required approvals is proposed. This Addendum identifies the requirement for the future submittal to the Federal Aviation Administration (FAA) for an updated Determination of No Hazard for the Cinema Tower construction. However, no construction schedule for the Cinema Tower has been established as of the date of this Addendum. MacArthur Place South EIR Addendum 4 75B-148 Project Description The following project description is based on information in the MacArthur Place South Environmental Impact Report. Modifications to the project are included in this Addendum to update the project as proposed. A. Location MacArthur Place South is a partially developed residential and office park located in the City of Santa Ana, in the County of Orange, California, immediately west of the Costa Mesa Freeway (SR-55) and approximately three-quarters mile north of the San Diego Freeway (1-405). The City of Irvine is located south and east of the site. The City of Costa Mesa is located to the southwest. The John Wayne Airport is located approximately 1.1 miles south. A Regional Map and a Project Vicinity Map are included herein as Exhibit 1 and Exhibit 2, respectively. The project lies within the boundaries of MacArthur Boulevard, Main Street, Sandpointe Avenue, and the Costa Mesa Freeway. MacArthur Place and Hutton Center Drive bisect the site. MacArthur Place runs south from MacArthur Boulevard to Sandpointe Avenue, and Hutton Centre runs from Sandpointe Avenue around to MacArthur Place. Some maps identify the entire street as Hutton Centre Drive. The project site is approximately 10 acres and is surrounded by high-rise office buildings, a hotel, and parking structures. To the west, between Sunflower Avenue and MacArthur Boulevard, are the Sandpointe single-family neighborhood, the Main Attraction condominiums and an existing Mobil service station. North of MacArthur Boulevard along Main Street is an existing Arco service station and the California Apartments. Immediately north of the MacArthur Place South project is the MacArthur Place mixed use development. B. Background The MacArthur Place South EIR identified the project area as an existing office park formerly known as Hutton Centre. Since 1982, approximately 1,551,096 square feet of office, restaurant, theater, retail, and hotel land uses have been developed in Hutton Centre. The structures range from single- story buildings to office towers ranging in height from 8 to 14 stories. In 2001 the City approved a 162-room hotel and health club for Hutton Centre, which did not move forward. The entitlement for the hotel and the health club were relinquished to implement the MacArthur Place South project. The MacArthur Place South EIR included analysis of the following project components: • Three 25-story residential towers, with a total of 501 residential units • One low-rise loft building with 14 residential units and 10,000 square feet of office space • A condominium complex including three low-rise buildings, with a total of 276 residential units • A restaurant and retail building totaling 13,871 square feet MacArthur Place South EIR Addendum 75B-149 The entire MacArthur Place South project layout, as originally approved, is included herein as Exhibit 3 - 2005 Site Plan. A detailed layout of the Cinema Tower, the Cinema Lofts, and retaiUrestaurant portion of the original plan is shown in Exhibit 4 - 2005 Cinema Site Plan. Lake Towers The 25-story Lake Towers buildings, now known as Skyline at MacArthur Place, are situated along the west side of a man-made lake within the Hutton Centre complex. The North Tower includes 173 residential units, and the South Tower includes 174 residential units. The towers are approximately 257'6" in height, including parking facilities, mechanical equipment, and rooftop appurtenances. Two levels of subterranean parking and two levels of above ground parking are provided that include a total of 735 parking stalls. Residential unit types include one-bedroom plus den, two-bedroom, and two-bedroom plus den. A central amenity deck is provided between the towers and is accessible from the third floor of each tower. The amenity deck includes a lap pool, a lounge pool, a spa pool, a sundeck with private cabanas, a barbeque and picnic area, and an outdoor terrace. A water feature extends from the pool and bisects the amenity deck. A ladies' spa and fitness room are located in the north tower and a men's spa and lounge/billiards/game room are in the south tower. Cinema Tower The Cinema Tower will be located west of Hutton Centre Drive. The approved tower will be 260' tall, including mechanical equipment and rooftop appurtenances, and will include 154 residential units. Parking will include one level of subterranean parking, which will be located under the entirety of the Cinema Tower, the Cinema Lofts, and the retail/restaurant portion of the site, with a total of 316 parking spaces. An additional 128 surface parking stalls will be provided surrounding the Cinema Tower, the Cinema Lofts, and the retail/restaurant components. Four residential unit types will be provided in the Cinema Tower including one-bedroom units, one-bedroom plus den units, two-bedroom units, and two-bedroom plus den units. Cinema Lofts The Cinema Lofts will be between 5 and 6 stories, with the highest point reaching 60 feet. The Cinema Lofts will contain 14 residential units and 10,000 square feet of office above the residential space and will include a spa on the third floor and a gym on the fourth floor. An amenity deck will be located on the third floor and will serve the residents of the Cinema Tower and the Cinema Lofts. A pedestrian bridge will connect the Cinema Tower to the Cinema Lofts and provide access to the amenity deck, which will include a pool and an outdoor terrace. Retail/Restaurant The retail/restaurant component, situated along the northern project boundary, will include three retail spaces with a total of 5,291 square feet and two restaurant spaces with 8,580 square feet. Parking will be provided on the adjacent surface lot. MacArthur Place South EIR Addendum 75B-150 MacArthur Place South EIR Addendum 75B-151 7 Exhibit 1 -Regional Map 75B-152 /7J ~ CASTLE W a ~ 7 It y~ 2 r Gap ~y B ~ J N o _ g 1 Q g 3 1 t ~ EIS B 13 E y+' ¢ cARRy > a = ~ B ROR J'~ ~ ~. ~ ~ a' Pl 9 ARLI (9 ~ O J ~ J W ~ Q V W - -- - 4 ,• ~ Ow ~ o AV ,? 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Maps Exhibit 2 -Project Vicinity Map MacArthur Place South EIR Addendum 75B-153 75B-154 ~I® _ _ .. r'R t'. 1 i i f. 4'f,i ~~~ ~~*~r ~ ~ ~B i -/ ~ W` Lam, E_ ~ © ~ ~ ®, '~~! _ ~ ~ ~ -~ c dry} ~ ,~ ~ M - _" _`~ r~ , ~ 1 -t- T U ~~ R v ~ •~ \ k ,~~~ ~. / y / r D {~ A u p 2 ~' Z Up KO dU ,4~C`i~ C r0 a a, 0 0 N M ~_ L x W 0 d v E m a~ ~~ ~~ L -O C _O Q Q f0 ~_ w 75B-155 75B-156 ~~ ~3 ~: b3 I~ i 4y CP ES E9 ~~n E3 'SC P P S I ~ 3 P s ~ ~s ~q 3; ~. 3r Sp dp ~. t 2. .: s: ~ Sp t ~ s`t~ P rRaR ' ~ ~~,~~ ~ 9 yeys ~ $pp@g3 ~~~f~ ~ $ e~~ tgt''~ j r f 99 e @. ~ a€ s €= a9 i ~, € t € i v~ t i3 d 1€ p€ €f ; € ~s t 1 € S ~ v t € ~ J I~ '4 i~z~a ~€ €~,~y ~~eir ~a@~ ~~ ~~ tsa~l 9~ sa i ~ s€ Pa ~% i~,, ~~P+; ~~ :~ 6 3~ ~~ n, ~~ ~ €! ~~ ? ~~: ~~ ~~ ~~ ~~ ~f gs s~ 1 1 1 1 1! 1 T p ,;. -J ~i ~ n I i .. [~ i ~i <y ~~ W i ~ ~ ~~ ~ i ~ ~ G i n W ¢ ~ - - ~ ' i __ i1 z ~. ~ ~ ~ `'i ~ ;, ~ ~ Z ^' ~ p r - a ~ ~ ~~~ ~ z ~ J a i ' , x ~ ~ ~ i .~ a z ~-- ~ \ ~ S, ' I x I~ i 'f _k W r I ~ \ - ... ----- ~ ~ 1 1 II ~. ~ i ~Y'. ~~~ ~. _ } .. PO-ff door ~ ` ~ - - - 32i1N3J '~ fA NOl1f1H - - i U ou ~ I r ~ P ~_ ~; ~f ~: ~~ `_~ ~ a S N ~ _ i W P 1 \''.. \\ \ >; .: ' ~'J J $~; '~~ ~ r i ~_ ._. ._ ~« ._ •ame anHlavJVw ~. .-~' ,~ ,~ ~ z~~_ _, / t. - C a d .o E a c u 0 0 tV a L x W t 5 0 U PO a ~' c ~ d za r~ ~a ~~ ~w 75B-157 75B-158 Low-Rise Condominiums The condominium portion of the project, known as the Montage ("Project"), as approved, called for the development of three separate buildings, ranging in height from 50 to 60 feet (five and six stories), containing 276 residential units. Vehicle access is provided via aright-in/right-out driveway on MacArthur Boulevard and from Sandpointe Avenue to an internal roadway. Eight residential unit types are proposed ranging from one to three bedrooms and baths. The residential styles include typical single-story condominiums, townhouses, and "live/work" units. An interior courtyard will contain a water feature and a recreation area including a tot lot, a swimming pool, a game table, a BBQ area, and a seating area. A total of 689 parking stalls will be provided on two levels of parking - one subterranean level and one above ground. The buildings will be separated by a landscaped promenade along interior-facing patios and balconies. The architectural design provides a staggered roofline, with portions extending to six stories in height. This design will provide a visual relief from that of a solid structure with a single roofline. C. Description of Proposed Project The project applicant is proposing the removal of the Cinema Lofts and the retail/restaurant components and the addition of a 185-room hotel and surface parking. The table below shows the project components that will be removed and added. It is important to note that the Final EIR analyzed 501 high-rise residential units and 14 lofts. However, the City of Santa Ana approved a configuration including 499 high-rise residential units and 15 lofts. Each of the project components, as approved by the City of Santa Ana, is discussed in more detail below. Exhibit 5 -Proposed Site Plan depicts the revised MacArthur Place South site plan. To be removed To be added Cinema Lofts (15 units and 10,000 square feet of office use) 185-room hotel Restaurant (8,580 square feet) Retail (5,291 square feet) Lake Towers The residential towers have been constructed, with a total of 349 units. The owner of the Lake Towers has submitted a proposal to the City of Santa Ana to allow for-rent units while maintaining the amenities originally approved. Traffic impacts resulting from condominium to for-rent units are analyzed herein in order to provide aworst-case analysis. The proposal to allow for-rent units has been approved by the City of Santa Ana Planning Commission, but has not been considered by the City Council at the time of this writing. No other modifications to this component of the project are proposed. Cinema Tower The Cinema Tower will be relocated south approximately 174 feet from the location analyzed in the project Final EIR. The Cinema Tower will remain west of Hutton Center Drive, across from the North Lake Tower, and 150 units are planned. Parking for the Cinema Tower will be accommodated in a future parking structure that will be located where a temporary surface parking lot is currently proposed. The surface parking lot will also be used as parking for the proposed hotel in the interim. MacArthur Place South EIR Addendum 15 75B-159 Cinema Lofts The 15 Cinema Lofts will be eliminated from the project. The lofts included resident-serving amenities such as a spa, a gym, and an amenity deck that included a pool and an outdoor terrace. Similar amenities will be provided in the Cinema Tower. Retail/Restaurant The retaiUrestaurant component analyzed in the EIR included three retail spaces with 5,291 square feet and two restaurant spaces with 8,580 square feet for a total of 13, 871 square feet. Parking would be provided on the surface lot. The retail/restaurant component will be eliminated to be replaced with the addition of the Marriott hotel. Low-Rise Condominiums The owner of the low-rise condominiums site has submitted a proposal to the City of Santa Ana to change the low-rise condominiums as analyzed in the MacArthur Place EIR to for-rent residential units while maintaining the amenities originally approved. Traffic impacts resulting from condominium to for-rent unit uses are analyzed herein in order to provide aworst-case analysis. The proposal to alter the land use has not been approved by the City at the time of this writing. No other modifications to this component of the project are proposed. Hotel The proposed hotel will be constructed where the retail and restaurant uses and the Cinema Tower were previously located. The 4-story hotel will have 185 rooms with approximately 100,097 square feet. Amenities will include a pool and a spa. A plan showing the hotel, the parking lot, and the existing parking structure is included as Exhibit 6 -Proposed Cinema Site Plan. A plan showing the ground floor plan for the new hotel is included herein as Exhibit 7 -Ground Floor Plan. Development will occur in one phase with the entire 185-room hotel being constructed at the same time. A total of 615 parking spaces will be provided, which will be comprised of a combination of spaces in the existing parking structure and surface parking lot. Specifically, the parking will include 133 dedicated surface parking spaces, 25 dedicated spaces from the existing office parking structure, and 475 spaces from the office parking structure available in the evening. When the Cinema Tower is constructed, a new parking structure will be built to meet the parking needs of the hotel and the Cinema Tower. MacArthur Place South EIR Addendum 16 75B-160 c ~ R ~- a a a.r N 0i N 0 a 0 a L X W g .. is is =i . ii ~ Si ip !i A°s :~ !i ~ ei s; :. b i t~ - . R i g I1 3 i 1 P 9 g ` ~ . ~a ~ 'E !i t~ ~ 3i a 0'- ~i ~~ ~ it ~~ ~~ $~ ~ _ ~ ~ ~ ~P I4 !~ 4° P •- ':~' ~ 't' ~ • a: ~~ 4 ~ ~. i ~ ~. ~i . ~' ge b . (1 ~ .~ ~.. A `~. a ~. ` l-{ ~ f ~ 1 ", C' ,+ ~`. L J O d v E m d v' c ~ d L -O C ~ as ~~ ~W 75B-161 75B-162 € ~ spa y E ~ i tl ij R ~ ~ ' y i 6 tlY . q + ( ! tl 3~3 KA p~~pP, ~ ~~ tl! ~ ~~ ~ ~~ ~~ /~~F31 N t ~ 9 tl "Y ~g~g ~~tl,1°~'^iil! pEi ti M@~ tlp~~ itliti 3~~ yy~ 9 > !~ ~a~ iil!qq,,, tt~~tl i1~ ! ~¢i I 1 3 • tlEtl~p~ptl~ln ~~~''e~~~~E8E8PR~!lO~i~Yilp~eliitlii•°ii OO7GO--~ O 7 D ©G'®©~m004'©'31©®~®~m®01 i IYfM1M~ M1YrIY V ~ t __- - - '-_y ~! I . , ~ 7 ~_ ~~tl ~~ ~ s OE y7E 'S f ~II , /.r ~!!_//_ a y` ~i i i -~~ z. WO~ , u< E I ~i• p,~ I i y~ ~ '' j ~~ C r0 a a, r N C~ G d C u a 0 a 0 a ~i) a r K lii t 5 0 m ~ d~ c ~ m L 'O r ~ Q Q t0 _~ ~ W m 75B-163 75B-164 ® ~~ ~ h r o o° O *~ Qi fi } - O~ ® t o ~- r~ ~- O o T o ~~ oT o ,• o -• O-. -------~ -~ ~~~ r~- '~ ~~~ I C® i a, E ~t i~ ~- a Oho 1 n,~ ~~ t Y 1 - ~7 T + ` ~~ ~ ~~~~ ~ 9~~~~p~ ~ a ~ ~ ~ ~ p ~ z° ~~~8~ ~ ~~~ W ~ nCJ J U ab~~~~ Z b ~~.~~~s~~n ~ gw5~g~~~~b~ ~~ . ~~ W ~~~ ~ ~_~ a ~~~~~'~~~~e ~, Zrl WQ~ T.+ u. e ommo ~o o® o o~ 0 0 0 0 F k- r 1 1 1~ Y ;ry 1 ~ i ~ L 4 ~ _ _,1 tlS`= Vr t- I ~~ ~ . • ~~ S ~ ; , _~ a "gyp ~ tl P'1 0 7 r _. _. ._ _. a ~ C ~Q a 0 0 c 0 c~ t x W t 5 0 m U (0 a~ ~~ a~ L 'O Qt...~ (j a f0 _~ 111 N 75B-165 75B-166 D. Approvals Contemplated The Addendum will require approval by the City of Santa Ana Planning Commission and the City Council. In taking action on the Addendum the City, as Lead Agency, must consider the whole of the data presented in the MacArthur Place South Final EIR and this Addendum to the EIR. The proposed hotel will undergo site plan review and will require a limited ABC license for a beer and wine bar and special event activities. Future Requirement for Determination of No Hazard The relocation of the previously approved Cinema Tower will require a new request to the Federal Aviation Administration (FAA) for a determination of No Hazard to Air Navigation. A Determination of No Hazard is issued by the FAA if it is determined that the proposed project does not have a substantial physical or electromagnetic interference effect upon navigable airspace or air navigation facilities. The original FAA Determination was issued on September 1, 2004 and expired on March 1, 2006. The Determination was based on a building location (33° 41' 55.807" latitude; 117° 51' 57.727" longitude) in approximately the same footprint as now proposed. Subsequent to the first Determination, the project proponent relocated the building 174' to the north (33° 41' 57.496" latitude; 117° 51' 57.701" longitude) and applied for a No Hazard Determination based on that location. In May 2005, the FAA issued four Determinations of No Hazard for the four corners of the relocated building. The Determinations expired on November 8, 2006. A new request will be submitted to the FAA once a construction schedule has been established for the Cinema Tower. On February 17, 2005 the Airport Land Use Commission (ALUC) chose to treat the absence of the Determination of No Hazard as an impairment of their review and voted that the project was not consistent with AELUP. At a June 16, 2005 meeting, the ALUC staff requested and the Commission agreed to find the project conditionally consistent with the AELUP and incorporated the new FAA Determinations into its decision. In June 2005, when the EIR was certified, the City of Santa Ana was inconsistent with respect to the AELUP for John Wayne Airport. On December 18, 2008, the ALUC approved the City's General Plan Airport Environs Element and deemed the City consistent. MacArthur Place South EIR Addendum 23 75B-167 75B-168 Environmental Analysis For Projects with Previously Certified/Approved Environmental Documents Final Environmental Impact Report MacArthur Place South SCN 2004061140 The following analysis takes into consideration the preparation of an environmental document prepared at an earlier stage of the project and describes the modifications to the proposed project from what was analyzed in the EIR. This analysis evaluates the adequacy of the earlier document pursuant to § 15162 of the California Environmental Quality Act (CEQA) Guidelines. The Environmental Checklist is included following this analysis. Analysis of the facts related to the project will form the basis for the City of Santa Ana to determine whether any changes in the project, any changes in circumstances or any new information since the MacArthur Place EIR was certified require additional environmental review or preparation of a subsequent or supplemental EIR. I. Aesthetics The EIR determined that implementation of the project would introduce additional light and glare impacts to the project area. Mitigation measures were incorporated to reduce potential impacts to a less than significant level. Would the project: a) Have a substantial adverse effect on a scenic vista? (No Substantial Change from Previous Analysis) A complete evaluation of the aesthetics effects of the project was considered in the MacArthur Place South Final Environmental Impact Report ("EIR"). Neither the project site nor the surrounding area is considered a scenic vista. The retaiUrestaurant uses previously approved will be replaced by a four-story (55 feet tall) 185-room hotel fronting MacArthur Boulevard. The articulation and elevation of the hotel building are shown in Exhibit 8 -North and South Hotel Elevations and Exhibit 9 -East and West Hotel Elevations. While this is an increase in height from the retaiUrestaurant use, the adjacent development, both on site and across Main and MacArthur Boulevard, includes high- rise development. As a result, no significant impacts related to scenic vistas will occur. The 5- to 6-story (60 foot high) Cinema Lofts were a part of the project analyzed in the EIR. These lofts are no longer a part of the project. The Cinema Tower will be re-located from its previous location, adjacent to the retail/restaurant component, south to its new location, where the Cinema Lofts were planned. This southerly shift in location places the Cinema Tower south of MacArthur Boulevard by approximately 174 feet from the previously approved location. The changes as a result of the City's action on this project are not more significant than what was identified in the EIR. MacArthur Place South EIR Addendum 25 75B-169 b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings and historic buildings within a state scenic highway? (No Substantial Change from Previous Analysis) A complete evaluation of the aesthetics effects of the project was considered in the EIR. There are no scenic resources, thus the project will have no impact regarding scenic resources. c) Substantially degrade the existing visual character or quality of the site and its surroundings? (No Substantial Change from Previous Analysis) As depicted in the EIR, parking areas and pedestrian walkways will contain attractive landscaping treatments to enhance the open space areas. Trees and shrubbery will be used around the perimeter of the hotel, providing a softening of visual impacts at street level. Palm trees, Jacaranda and Pine trees will be planted along the perimeter of the hotel with palm trees planted at the front of the hotel. A number of trellises will be incorporated into the hotel along the south, east and west sides. The trellises will include landscaping with vines or floral vines for decorative purposes. The Jacaranda and Pine trees will serve as a buffer for the hotel along MacArthur Boulevard and along the east and west sides of the hotel. An updated landscape plan is included as Exhibit 10. The project incorporates landscaping around the hotel and adjacent to the Cinema Tower location. The proposed four-story hotel is compatible with the adjacent land uses. The North and South Lake Towers are 25 stories tall, the office buildings range in height from the 8 story buildings at 200 and 201 East Sandpointe Avenue to a 14 story building at 5 Hutton Centre Drive. There is also asix-story Doubletree Hotel south of the Lake Towers. The proposed addition of the hotel and deletion of the Cinema Lofts and retail/commercial square footage does change the visual character of the site beyond what was analyzed in the EIR. However, no significant changes to the existing visual character of the site will result from the project beyond those identified in the EIR because the proposed four-story hotel is consistent with the surrounding land uses. d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? (No Substantial Change from Previous Analysis) The exterior of the hotel will predominantly be covered by a stucco finish. Due to the developed nature of the project site and the existence of a hotel just north of MacArthur Boulevard, the proposed hotel is compatible with existing uses and is not expected to substantially increase light or glare. The following Mitigation Measure is proposed to reduce any potential impacts from light and glare: Mitigation Measure AE-1- Prior to issuance of building permits the project applicant shall ensure that building plans for the proposed project shall include the use of non- reflective building materials to minimize light and glare impacts. Implementation of Mitigation Measure AE-1 will reduce light and glare and will ensure that development of the project will have no more severe impacts beyond those addressed and mitigated in the EIR. MacArthur Place South EIR Addendum 26 75B-170 'r ;~,`~_ .~ ~ ~ ~ -- ~' ~~~ ~ ~ O FFYY tl' ~ ~ ' ~ H u: ~ i°q ! ~ ~ ~OOp~~ ~ O ~~ I~ ~ ~ - O w ~ O . ~ I:.~ e O ~ ~~ i ~ j _.. .. _.___-- __ ~ O ' ~~ ad O a ° O ~~ , ~ I ® ~, O ;~ Q r 0 ~-.: g '.. Sfi = O Y ~~ ~~ ~ O q .p %~ ` .. i _. i 4 _ Q 9~ ~ r ~ ~ ~ ~ e _ ~' ~~ ,-__ Q '' -.w ~'. o o ~ ~ i~ o o ~ ~ ~ C' ~~ ^ L ® ~~----._--__-- _ ~' ~ .w. ~~ `_'~ : g ~ ~tO~~CI O fl _ a ~~ $~ p ~ osC ~ ~ O W 2 m ~ O O _, ~ ,,. ., O ~ s ___ oe 0~ V~ s ~ 9 $ rt ~ ~ ~ p2 g2 ~ ~ ~ $ ~:e.r~ .:-~dt z-.8' z ~~ c O N Q~ W N a+ O 2 t 7 O H C r0 L O Z a r x W L J O N v E m ~ as ._ c ~ N t ~ r ~ Q Q ~~ ~ W 75B-171 75B-172 U^~ z: OV~ W: u<~ S O ~, ®~~ O ~ ~ d F r T. ._ ...y -~,„;>; x~x EQ 0 ~ ~ ~~a ~ ~ s' ,.. , - o __ ~ G ~ ~ 8 ~ _ _ _ , ~ _ ~~- ., o --- ~ ~~ o o ~ -- _,~ ~ o I' i~ ~ ._:_ g~ ~I ~ ~ ~ y ~ ~ ~ ~~ ~ o <. 'I - - - '~ ~ ~ ~ o ~ c ~ L~' ~ o 8` ~ o O } m 0 ~~' O €~ U3 C N O R _N W Gl O S a.+ N 3 C i6 N R W O~ L X W L J O N U N a~ ~m L 'O L' 'O Q Q f0 ~_ ~ W 75B-173 75B-174 a 5 f ~ ^ 4 P ~y .. a 3 nee ~ ~ f. F3 d'- j ~., s } ~. u tltl ~ 4 ~ 4 F vS ~ > P ~~ t vE ~'-~ ~1"' NYId 831SVW 3dVJSONV'~. 3JVld 8f1H18V~YW F 1i,€ on1vJ'vnr vwvs iJ+.~ ~ ~E ~~E 6~~3~E 9 ~ ~ N~/ld ?J31SdW 3~Vld 21f1H1M`d~oW j ~ s S~~.iai~. 9 -~, 2 F t M 9 ? ; j 3 ~ 'Y y S 4 ~ a a c~ Y 3@ 3 l if x { ~ ~ .. C pa Y. ~ i2 f * { ~~ ~ ~= b e ~+~' ° ~ 'ham' b P ~- gym. ,/~ .i ~S ~i ~~ ~ ~'f, f~ ~~S'S r .n ~ ~' 3 `ply .+r ,s ~ ~ ~ ~u4 I .: i -° 4~ ~ r . ~ 5 ~ II ~I r 9 ~ 5w 1. i A . . ' . ~, . . ,»_ ,. c"' -~i r r Q~,w: _ ~ 7"r'w Ir r.. ~k ~ ~ .~ ,C*.: ~ ~ y ~ r. d t. ~ 9 a zt ~. . .; ,; ¢ ~t ~ r• ~ - ._ ., ~ U F ~.. _. ~. ~ i ~' ~ y awno,""' P ~; s ~,~ ,{. ss CIF ~I~ W[ ~/ ;wk t*~ ~., r .-.. ., 'rl 'e ~~ l ..- t.: w ~ k ~ `- C R a a, a R v N C IQ J i 0 L x W M L J O N v E m a~ ~~ ~~ L 'O Q~ ~ (j a (0 ~_ ~ W 75B-175 75B-176 II. Air Quality The Air Quality analysis in the EIR was based on CEQA Guidelines thresholds. Short-term construction activity impacts exceeded significance thresholds for ROG due to the application of architectural coatings. Mitigation measures were included to minimize these unavoidable adverse impacts. The EIR analysis determined that project-related operational emissions will exceed the South Coast Air Quality Management District (SCAQMD) significance thresholds for CO, ROG and NOx primarily due to area source (consumer product) emissions. Mitigation measures were proposed to minimize the long-term unavoidable adverse impacts. Cumulative air quality impacts from the MacArthur Place South project were analyzed in the EIR and were determined to be significant and adverse when added to the existing non-attainment levels of the South Coast Air Basin. A statement of overriding considerations was adopted. Since the certification of the EIR, the state legislature passed AB 32 known as the Global Warming Solutions Act. This Addendum provides informa- tion related to greenhouse gas emissions impacts. An updated Trip Generation Evaluation (Traffic Evaluation), dated April 1, 2009, was prepared by Urban Crossroads. This evaluation is included herein as Appendix A. For purposes of air quality impacts, the Traffic Evaluation concludes that the elimination of the identified project components, the addition of the hotel and the conversion of the Lake Towers and low-rise Montage condominiums to apartment uses will result in a total of 83 fewer trips in the AM peak hour, 105 trips in the PM peak hour and 758 fewer trips on a daily basis. The revised project will result in less air quality impacts due to traffic emissions than the project approved in the EIR. a) Would the project conflict with or obstruct implementation of the applicable air quality plan? (No Substantial Change from Previous Analysis) Since the certification of the EIR, additional legislation requires the analysis of potential greenhouse gas (GHG) impacts due to development. State of California Assembly Bill 32 (AB 32), known as the Global Warming Solutions Act, was passed in August 2006. AB 32 requires that levels of GHG be reduced to1990 levels by the year 2020. There are currently no federal regulations on the reduction of GHG to reduce their effects on global climate changes. Senate Bill 97 (SB 97) requires that the Governor's Office of Planning and Research develop guidelines for CEQA compliance related to GHG emissions, including mitigation measures for the reduction of GHG. The guidelines are required to be prepared on or before July 1, 2009. Global climate change in the weather of the earth can be measured by wind patterns, storms, precipita- tion and temperature. Climatic factors are divided between those caused primarily by human activity (such as greenhouse gas emissions and aerosol emissions) and those caused by natural forces (such as solar irradiance). A primary cause of greenhouse gas emissions is the burning of fossil fuels. There is currently no single model that is capable of estimating all of a project's direct and indirect GHG emissions.' The California Air Pollution Control Officers Association whitepaper notes that one of the most consistently used models for emissions estimates is the Urban Emissions Model (URBEMIS). The URBEMIS model was used in the EIR to assess emissions for the project. URBEMIS is designed to model emissions associated with development of urban land uses. URBEMIS attempts to summarize criteria air pollutants and COZ emissions that would occur during construction and operation of new development. This model was developed and approved by the California Air ' California Air Pollution Control Officers Association, CEQA & Climate Change (Evaluating and Addressing Greenhouse Gas Emissions from Projects Subject to the California Environmental Quality Act), January 2008. z Ibid. MacArthur Place South EIR Addendum 33 75B-177 Resources Board (GARB) and ensures statewide consistency in how COZ emissions are modeled and reported from various project types. The URBEMIS model is the most effective tool for assessing COZ greenhouse gas emissions available to date. The EIR identified air quality impacts that would result from project implementation, both short-term construction and long-term operational. As detailed in the EIR, project-related operational emissions will exceed the SCAQMD significance thresholds for CO, ROG, and NOx primarily due to area source (consumer product) emissions. These are considered an unavoidable adverse impact. Additionally, construction activity impacts will exceed significance thresholds for ROG due to application of architectural coatings. The removal of the Cinema Lofts and the retaiUrestaurant uses, and addition of the hotel is not anticipated to either greatly alleviate or greatly increase project impacts from what was analyzed in the EIR. Thus, the project's impacts on air quality are anticipated to remain the same as the original project's impacts, which on a cumulative basis are significant and adverse. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. b) Would the project violate any air quality standard or contribute substantially to an existing or projected air quality violation? (No Substantial Change from Previous Analysis) The Air Quality Assessment in the EIR included projected COZ emissions for demolition, mass grading, fine grading, trenching, building construction, architectural coatings, and asphalt emissions. Construction and operational emissions are difficult to assess, given that no thresholds for greenhouse gases have been established. Typical thresholds are based on types of use, such as residential, office, or retail, and are further defined by such things as number of units and square footage. The project will include a construction phase during which heavy equipment will be used for demolition, grading, and construction. The construction schedule for the lofts, retail and restaurant portion of the previous project was 14 months for complete build out, and the construction schedule for the proposed project is anticipated to be the same. Short-term impacts in the area of greenhouse gases will be due to the use of heavy equipment. Short-term construction related impacts were limited to ROG emissions from architectural coatings. As detailed in the EIR, ROG emissions still exceed threshold levels even with the use of all available measures if all project paints and coating were applied in a single month. Thus, air quality impacts from construction of the proposed project will not change substantially from the previous analysis. As noted, in the EIR, the MacArthur Place South project will exceed thresholds for CO, ROG, and NOx in the long-term operational use. Long-term project-related impacts include exceeding the South Coast Air Quality Management District (SCAQMD) significance thresholds for CO, ROG, and NOx primarily due to area source (consumer product) emissions. The addition of the 185-room hotel will result in an increase in CO due to consumer product emissions by the hotel guests. The proposed reduction in unit size (removal of 15 units because the Cinema Lofts will not be built) could result in lower population estimates, which could reduce consumer use emissions. The EIR includes mitigation measures to reduce and minimize air quality impacts. The following Mitigation Measure is proposed in order to further minimize the incremental increase from greenhouse gases during construction of the hotel: Mitigation Measure AO-1 -During design and construction, the project developer shall incorporate features into the project that will minimize impacts from greenhouse gas emissions such as planting onsite trees as a means of providing carbon storage, promoting energy saving measures beyond Title 24 requirements, and encouraging the use of Energy Star equipment and appliances. MacArthur Place South EIR Addendum 34 75B-178 Implementation of Mitigation Measure AQ-1 will result in fewer operational emissions, resulting in no substantial change from the previous analysis in the area of greenhouse gases. c) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard Including releasing emissions which exceed quantitative thresholds for ozone precursors? (No Substantial Change from Previous Analysis) The EIR identified cumulatively significant air quality impacts that would result from project implementation. The retaiUrestaurant component of project will be replaced by the 185-room hotel and the Cinema Lofts will no longer be built. In addition, revised total daily traffic estimates result in 758 fewer trips than the originally approved project, reducing air quality impacts due to traffic. Although changes to the project are proposed, no new or significant impacts will occur. Therefore, the EIR remains adequate and complete for this topic. d) Would the project expose sensitive receptors to substantial pollutant concentrations? (No Substantial Change from Previous Analysis) The EIR identified air quality impacts related to sensitive receptors with project implementation. No changes have occurred in this area from the analysis provided. Therefore, the EIR remains adequate and complete for this topic. e) Would the project create objectionable odors affecting a substantial number of people? (No Substantial Change from Previous Analysis) The EIR identified air quality impacts that would result from project implementation. The project involves the addition of a four-story hotel and removal of the Cinema Lofts and the retaiUrestaurant uses. If the hotel includes a restaurant, impacts would be substantially the same as the restaurant previously analyzed and now removed. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. III. Geology and Soils The EIR noted that the proposed project could be subject to potentially significant adverse geologic impacts. Mitigation measures were included to reduce impacts to a less than significant level. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving.• i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of known fault? Refer to Division of Mines and Geology Special Publication 42 (No Substantial Change from Previous Analysis) The EIR included mitigation measures designed to minimize impacts due to the settlement potential and high moisture content of the soils. The proposed hotel will replace the retaiUrestaurant component of the project. The Cinema Lofts will be eliminated and the Cinema Tower will eventually be relocated south of the hotel. The hotel will have no different geological impacts from what was analyzed in the EIR. No changes have occurred in this area from the analysis provided in the EIR. The development of the project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. MacArthur Place South EIR Addendum 35 75B-179 ii) Strong seismic ground shaking? (No Substantial Change from Previous Analysis) The EIR included mitigation measures designed to minimize impacts due to strong seismic ground shaking. No changes have occurred in this area from the analysis provided in the EIR. The development of the project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. iii) Seismic-related ground failure, including liquefaction? (No Substantial Change from Previous Analysis) The EIR included mitigation measures designed to minimize impacts due to seismic-related ground failure. No changes have occurred in this area from the analysis provided in the EIR. The development of the project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. iv) Landslides? (No Substantial Change from Previous Analysis) The EIR included mitigation measures designed to minimize impacts due to landslides. No changes have occurred in this area from the analysis provided in the EIR. The development of the project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. b) Result in substantial soil erosion or the loss of topsoil? (No Substantial Change from Previous Analysis) The EIR included mitigation measures designed to minimize impacts due to soil erosion or loss of topsoil. The following Mitigation Measure is from the EIR and will reduce erosion. Mitigation Measure G-1 -During grading operations, the project applicant shall ensure special handling of on-site soils as required by the City of Santa Ana due to the high moisture content of the soils, which is well above optimum moisture conditions. The City of Santa Ana shall monitor the grading contractor to ensure stabilization of the soils during grading prior to placing and compacting fill soils over wet subgrade soils, as recommended in the geotechnical investigation prepared by Geotechnical Professionals, Inc. Implementation of mitigation measures in the EIR will reduce project impacts relating to erosion to a less than significant level. Thus, development of the project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. c) Be located on geologic unit or soil that is unstable or that would become unstable as a result of the project and potentially result in onsite or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? (No Substantial Change from Previous Analysis) The EIR included mitigation measures designed to minimize impacts due to unstable soil. No changes have occurred in this area from the analysis provided in the EIR. The development of the project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. d) Be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating substantial risks to life or property? (No Substantial Change from Previous Analysis) The EIR included mitigation measures designed to minimize impacts relating to expansive soil. No changes have occurred in this area from the analysis provided in the EIR. The development of the project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. MacArthur Place South EIR Addendum 36 75B-180 e) Have soils incapable of adequately supporting the use of septic tanks or alternative water disposal systems where sewers are not available for the disposal of water? (No Substantial Change from Previous Analysis) The EIR included mitigation measures designed to minimize impacts relating to geology and soils. The project will not include the use of septic systems or alternative water disposal systems. No changes have occurred in this area from the analysis provided in the EIR. The development of the project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. IV. Hazards and Hazardous Materials The EIR noted that the proposed project could be subject to potentially significant adverse hazards and hazardous materials impacts. Mitigation measures included in the EIR would reduce potential impacts to a level that would be less than significant. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? (No Substantial Change from Previous Analysis) A Phase I Preliminary Environmental Site Assessment and a Phase II Screening Subsurface Assess- ment were performed and discussed in the EIR. No changes have occurred in this area from that analysis. Therefore, the EIR as certified will remain adequate and complete for this topic. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (No Substantial Change from Previous Analysis) Neither the construction nor the operation of the proposed project will involve hazardous materials that might unwittingly be released into the environment. Therefore, there will be no impact due to the accidental release of such materials. The EIR as certified will remain adequate and complete for this topic. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (No Substantial Change from Previous Analysis) The project involves the construction of a 185-room hotel, and no hazardous or acutely hazardous materials, substances, or waste will be emitted by the normal operation of the project. No changes have occurred in this area from the analysis provided in the EIR. The development of the project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. d) Be located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (No Substantial Change from Previous Analysis) The proposed site is not included on a list of hazardous materials sites and would not create a significant hazard to the public or the environment. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. MacArthur Place South EIR Addendum 37 75B-181 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (No Substantial Change from Previous Analysis) The nearest public use airport, John Wayne Airport, is approximately 1.1 miles from the site. The FAA previously issued two Determinations of No Hazard for two different locations of the Cinema Tower. As described in the Introduction, Section C, both Determinations have expired. The proposed relocation of the Cinema Tower will require a new aeronautical study by the FAA at a future time when the Cinema Tower is scheduled for construction. Mitigation Measure H-1 -Prior to the issuance of a building permit, the project developer shall provide evidence to the Planning Manager that an FAA Determination of No Hazard to Air Navigation has been obtained for the relocated Cinema Tower. The project developer shall demonstrate compliance with any conditions imposed by the FAA in their Determination. Implementation of the above mitigation measure will ensure that no new or more severe impacts beyond those addressed and mitigated in the EIR will occur. Therefore, the EIR remains complete and adequate as it relates to hazards. ~ For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? (No Substantial Change from Previous Analysis) The project is not located within the vicinity of a private airstrip and, therefore, would not expose people residing or working in the project area to a safety hazard. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (No Substantial Change from Previous Analysis) The construction of the proposed project will not produce any physical constraints or impair an adopted emergency response plan or an emergency evacuation plan. Standard conditions have been imposed regarding provision of fire access roads and fire lane markings as well as project review by the Fire Authority. As analyzed in the EIR, there will be no impact related to impairment of emergency response plans or emergency evacuation plans. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (No Substantial Change from Previous Analysis) The EIR identified potential impacts in the area of hazards and hazardous materials that would result from project implementation. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. V. Hydrology and Water Quality Hydrology and water quality impacts due to short-term construction activities and long-term operation were identified in the EIR. Mitigation measures were included to reduce potential impacts to less than significant. Mitigation measures from the EIR are incorporated herein by reference and include HW-1 thru HW-11, which, per the EIR, reduced project impacts to a less than significant level. These mitigation measures will be implemented as part of the project and will reduce short-term construction and long-term operational impacts to a less than significant level. MacArthur Place South EIR Addendum 38 75B-182 a) Would the project violate any water quality standards or waste discharge requirements? (No Substantial Change from Previous Analysis) A Preliminary Hydrology Study of Existing and Proposed Conditions and a Water Quality Manage- ment Plan were prepared for the MacArthur Place South project. The EIR identified impacts to hydrology and water quality that would result from project implementation. Recommendations from the technical studies for hydrology and water quality will continue to be observed. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. b) Would the project substantially deplete groundwater supplies or interfere substantially with groundwater recharge? (No Substantial Change from Previous Analysis) No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. c) Would the project substantially alter the existing drainage patter~t of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on or off site? (No Substantial Change from Previous Analysis) The EIR identified impacts to the existing and proposed drainage for the proposed project and described the requirements to mitigate impacts to hydrology and water quality. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. d) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? (No Substantial Change from Previous Analysis) The EIR identified impacts to hydrology and water quality that would result from project implementa- tion. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. e) Would the project create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (No Substantial Change from Previous Analysis) The EIR identified impacts due to runoff that would result from project implementation. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. f) Would the project otherwise substantially degrade water quality? (No Substantial Change from Previous Analysis) The EIR addressed potential impacts to water quality and included mitigation measures to reduce impacts. Mitigation Measures HW-1 through HW-11 included in the EIR are incorporated herein by reference and will be implemented to reduce impacts. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. g) Would the project place housing within a 100 year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (No Substantial Change from Previous Analysis) The EIR identified impacts to hydrology and water quality that would result from project implementa- tion. The project is not located in a 100-year flood hazard area. No changes have occurred in this area MacArthur Place South EIR Addendum 39 75B-183 from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. h) Would the project place within a 100 year flood hazard area structures that wozeld impede or redirect flood flows? (No Substantial Change from Previous Analysis) The EIR identified impacts related to flood hazards that would result from project implementation. The project is not located in a 100-year flood hazard area. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. i) Would the project expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (No Substantial Change from Previous Analysis) The EIR identified impacts related to flooding that would result from project implementation. The project is not located in the vicinity of a levee or a dam. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. j) Inundation by seiche, tsunami or mudflow? (No Substantial Change from Previous Analysis) The EIR identified impacts related to inundation by seiche, tsunami, or mudflow that would result from project implementation. No changes have occurred in this area from the analysis provided in the EIR. Therefore, the EIR remains adequate and complete for this topic. VI. Land Use and Planning Would the project: a) Physically divide an established community? (No Substantial Change from Previous Analysis) The project site is comprised of an office park and as a result, no established community exists. Thus, the project will not physically divide an established community. Therefore, the EIR remains adequate and complete for this topic. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance adopted for the purpose of avoiding or mitigating an environmental effect? (No Substantial Change from Previous Analysis) The City's General Plan land use designation for the project site is District Center (DC), which specifically allows mixed-use development. Hotels are a permitted use in the DC designation. As detailed in the EIR, the project site underwent a zone change from General Commercial (C2) to the Specific Development (SD) zone. The project, as proposed, will have no new or more severe impacts beyond those addressed in the EIR. Therefore, the EIR remains adequate and complete. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? (No Substantial Change from Previous Analysis) No habitat conservation or natural community conservation plan is applicable to the proposed project. The project will have no new or more severe impacts beyond those addressed in the EIR. Therefore, the EIR remains adequate and complete with respect to this topic. MacArthur Place South EIR Addendum 40 75B-184 VII. Noise As detailed in the EIR, construction operations would increase existing noise levels for the short term, and residential land uses would be subject to significant adverse long-term noise impacts. Mitigation measures were included in the EIR to reduce noise impacts to a less than significant level. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (No Substantial Change from Previous Analysis) The EIR identified short-term noise impacts from on-site demolition and construction activities. The primary source of construction noise is heavy equipment. The mitigation measures in the EIR reduced potentially significant short-term construction noise impacts to a less than significant level. The EIR identified long-term noise impacts as mobile source noise impacts from traffic, aircraft noise impacts from John Wayne Airport, and operational noise from the operation of the project components. However, the removal of the restaurant/retail and office/lofts component of the project, in addition to the conversion from condominium to apartment uses for the Lake Towers and the low-rise residential component, will reduce traffic by 758 daily trips. This is an additional benefit in conjunction with the mitigation measures in the EIR, which reduced potentially significant long-term noise impacts to a less than significant level. The addition of the hotel in the proposed project is anticipated to generate noise. However, implementation of the mitigation measures from the EIR and the additional mitigation measures in Section VII.c below will reduce impacts to a less than significant level. Development of the project will have no new or more severe impacts beyond those addressed in the EIR. Therefore, the EIR remains adequate and complete with respect to this topic. b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (No Substantial Change from Previous Analysis) Mitigation measures were identified to reduce noise impacts in the EIR. As detailed in the EIR, the Noise Study concluded that construction will generate excessive groundborne vibration or groundborne noise levels. However, because this will only occur during the construction phase of the project, the Noise Study concluded that this impact is not considered significant. Construction of the Cinema Lofts and the retaiUrestaurant component of the project have been eliminated and a 185-room hotel will be constructed in its place. Construction of the proposed hotel is expected to produce groundborne vibration or groundborne noise levels comparable to the retaiUrestaurant and the Cinema Lofts previously planned on site. Mitigation measures in the EIR will be implemented to reduce groundborne vibration/noise levels. These findings and the related mitigation measures from the EIR also apply to the proposed project. Development of the project will have no new or more severe impacts beyond those addressed in the EIR. Therefore, the EIR remains adequate and complete with respect to this topic. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (No Substantial Change from Previous Analysis) Operational noise impacts resulting from the retail/restaurant uses will no longer apply because the 8,580 square feet of restaurant and 5,291 square feet of retail development are no longer a part of the project. The hotel, which is a new component replacing the retail/restaurant uses, will be open 24 hours a day, 7 days a week. It is anticipated that noise will be comparable to that previously analyzed. In MacArthur Place South EIR Addendum 41 75B-185 order to ensure that no additional impacts result, the mitigation measures below are included to reduce noise impacts to a less than significant level. Mitigation Measure N-1 -During operation of the hotel, the project developer shall ensure that truck deliveries to the hotel shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. Delivery trucks shall not be permitted to idle in the parking lots or loading areas and shall be required to have properly maintained, factory-approved mufflers. Delivery truck drivers shall be encouraged to minimize acceleration and maintain reduced vehicle speeds while on-site. Mitigation Measure N-2 -During project construction for the hotel, the project contractor shall verify that structural designs and acoustical baffling are implemented to reduce noise levels from mechanical equipment (ventilation fans, air conditioning, and refrigeration units and their associated inlet and exhaust systems) to a level that complies with the City's Municipal Code noise ordinance standards reproduced in the table below (and also reproduced in the EIR). Citv of Santa Ana Exterior Noise Ordinance Standards Noise Level That May Not Be Daytime Night Exceeded for More Than 7:00 a.m. -10:00 p.m. 10:00 pm. - 7:00 a.m. 30 minutes in any hour 55 dB(A) 50 dB(A) 15 minutes in any hour 60 dB(A) 55 d6(A) 5 minutes in any hour 65 dB(A) 60 d6(A) 1 minute in any hour 70 dB(A) 65 dB(A) Any time 75 dB(A) 70 dB(A) Source: Section 18-312 of the City of Santa Ana Municipal Code Implementation of the above mitigation measures will ensure that no new or more severe impacts beyond those addressed and mitigated in the EIR will occur. Therefore, the EIR remains complete and adequate as it relates to noise. In regard to traffic noise impacts, the project as proposed will result in 758 fewer trips per day than the approved project. Noise impacts due to traffic will be less than originally analyzed. Therefore, the EIR remains adequate and complete with respect to noise impacts from traffic. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (No Substantial Change from Previous Analysis) Development of the project will have no new or more severe impacts related to ambient noise levels beyond those addressed in the EIR. While certain components of the project are being removed, they are being replaced with similar uses in a mixed-use environment. Therefore, the EIR remains adequate and complete with respect to this topic. e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (No Substantial Change from Previous Analysis) John Wayne Airport is approximately 1.1 miles south of the project site. However, the project site is outside of both Noise Impact Zones 1 and 2. Mitigation measures have been identified to reduce the potential to expose people residing or working in the project area to excessive noise levels. Develop- ment of the project will have no new or more severe impacts beyond those addressed in the EIR. Therefore, the EIR remains adequate and complete with respect to this topic. MacArthur Place South EIR Addendum 42 75B-186 f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (No Substantial Change from Previous Analysis) Development of the project will have no new or more severe impacts beyond those addressed in the EIR. The project is not located in the vicinity of a private airstrip. Therefore, the EIR remains adequate and complete with respect to this topic. VIII. Population and Housing Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example through extension of roads or other infrastructure)? (No Substantial Change from Previous Analysis) The proposed project will result in fewer residential units than what was analyzed in the EIR because the Cinema Lofts will be not be built. The project will reduce the number of residential units analyzed in the EIR by 15. The proposed project will have no more severe impacts than analyzed in the EIR and the City's General Plan. Therefore, the EIR remains adequate and complete for this topic. b) Displace substantial number of existing housing, necessitating the construction of replacement housing elsewhere? (No Substantial Change from Previous Analysis) No existing housing will be disturbed with implementation of the proposed project, as none exists on the site. Development of the project will have no new or more severe impacts beyond those addressed in the EIR. Therefore, the EIR remains adequate and complete with respect to this topic. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (No Substantial Change from Previous Analysis) As noted in item b) above, no existing housing will be disturbed with implementation of the project. Therefore, the EIR remains adequate and complete with respect to this topic. IX. Public Services The EIR identified potential impacts to service providers as a result of the proposed project. However, measures were included to ensure that coordination would occur with public service providers to minimize any potential impacts from occurring. a) Would the project result in substantial adverse impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services? Fire Protection? Police Protection? Schools? Parks? Other Pz~blic Facilities? (No Substantial Change from Previous Analysis) The proposed project will require fire, police, and emergency services. Mitigation Measures in the EIR were designed to minimize potential impacts to such services. The addition of the hotel will result in a potential increased need for such services. The Police and Fire Department were consulted regarding the proposed project and its potential impacts to Police, Fire and emergency services. Staff members in the City's Planning Division verified with the Police and Fire Departments in the City of Santa Ana that the addition of the 185 room hotel will not impact their services to the City. The EIR provides for coordination with public service providers to ensure their ability to serve the project. The project will MacArthur Place South EIR Addendum 43 75B-187 have no new or more severe impacts to fire, police, and emergency services beyond those addressed and mitigated in the EIR. Therefore, the EIR remains adequate and complete with respect to this topic. X. Recreation The EIR provides for the payment of Park Acquisition and Development Fees, parkland dedication or in-lieu fee payments to reduce impacts to recreation facilities. a) Would the project increase the use of existing neighborhood and regional parks of other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (No Substantial Change from Previous Analysis) An evaluation of the impacts to recreation related to the project was presented in the EIR. As noted in the EIR, the proposed project will include on-site recreation amenities for residents of the condominiums. The proposed project reduces the number of residential units by 15. Additionally, the proposed project removes the Cinema Lofts analyzed in the EIR. The recreational amenities in the Cinema Lofts included an open-air amenity deck, a pool and outdoor area, a health spa, and a gym. Recreational amenities such as these will be provided in the Cinema Tower. The proposed hotel includes an activity lawn and apool/spa. The project will have no new or more severe impacts beyond those addressed in the EIR. Therefore, the EIR remains complete and adequate as it relates to this topic. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? (No Substantial Change from Previous Analysis) As part of the proposed project, the hotel includes apool/spa and an activity lawn and, as mentioned above, recreational amenities will be provided in the Cinema Tower. The project will have no new or more severe impacts beyond those addressed in the EIR. Therefore, the EIR remains complete and adequate as it relates to this topic. XI. Transportation/Traffic A Traffic Study was prepared by Urban Crossroads in October 2003 and revised in October 2004 for the MacArthur Place South project. The EIR included analysis based on that study. Urban Crossroads has prepared a Trip Generation Evaluation (Traffic Evaluation) dated April 1, 2009 for this Addendum analyzing traffic impacts resulting from the elimination of identified project components and the addition of a hotel component. The following traffic analysis is based on the 2009 Traffic Evaluation, which is included herein as Appendix A. The Traffic Evaluation incorporated trip generation rates from the recently published Institute of Transportation Engineer's (ITE) information report entitled "Trip Generation" (8`h Edition, 2008). The 2003/2004 Traffic Study incorporated trip generation rates from the 7`h Edition ITE Trip Generation Rates. The 2009 Traffic Evaluation notes that the only categories with rate changes are ITE code 850 (AM and PM peak hour) and ITE code 932 (PM peak hour). These rates are applied to supermarket and high turnover (restaurant) uses. The table below, Trip Generation Rates, identifies the rates used to calculate traffic generation for the proposed project. MacArthur Place South EIR Addendum 44 75B-188 Trip Generation Rates Peak Hour Trip Rates AM PM Land Use ITE Code Units' In Out Total In Out Total Daily Residential condoltownhouse 230 DU 0.07 0.37 0.44 0.35 0.17 0.52 5.81 High rise res. condoltownhouse 232 DU 0.06 0.28 0.34 0.24 0.14 0.38 4.18 Mid-rise apartmentz 223 DU 0.09 0.21 0.30 0.23 0.16 0.39 4.68 High rise apartment 222 DU 0.08 0.22 0.30 0.21 0.14 0.35 4.20 Business hotel 312 occupied room 0.34 0.24 0.58 0.37 0.25 0.62 7.27 Movie theater wlo matinee 443 TSF nom3 nom nom 5.79 0.37 6.16 78.06 Single-tenant office building 715 TSF 1.6 0.20 1.80 0.26 1.47 1.73 11.57 Supermarket 850 TSF 2.19 1.40 3.59 5.36 5.14 10.50 102.24 High-turnover (sit down) restaurant 932 TSF 5.99 5.53 11.52 6.58 4.57 11.15 127.15 Source: ITE (Institute of Transportation Engineers) Trip Generation Manual, 8~h Edition, 2008. 1 DU =dwelling units, TSF =thousand square feet 2 Daily trip rate based on PM peak hour rate and PM peak to daily relationship for high rise apartments 3 Nom -nominal, near zero Would the project.• a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i. e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (No Substantial Change from Previous Analysis) The EIR identified significant impacts due to the increase in traffic from the MacArthur Place South project. Mitigation Measures were included in the EIR to minimize the impacts. The 2009 Traffic Evaluation concluded that the proposed project, as detailed in this Addendum, would result in reduced trip generation for all timeframes evaluated. The reduction in traffic volumes is partly due to the analysis based on using the optional alternative for high- and low-rise apartment units rather than condominium units. The table below (Currently Approved Project Trip Generation Summary) details the currently approved project trip summary. Currently Approved Project Trip Generation Summary Peak Hour AM PM Land Use ITE Code Quantity Units In Out Total In Out Total Daily Condominium project (5-story) 230 276 DU 19 102 121 97 47 144 1,604 Lake Towers (high-rise condos) 232 349 DU 21 98 119 84 49 133 1,459 Cinema Tower condominiums 232 150 DU 9 42 51 36 21 57 627 Townhomes 230 15 DU 1 6 7 5 3 8 87 Office condos (single-tenant) 715 10 TSF 16 2 18 3 15 18 116 Retail 850 5.35 TSF 12 7 19 29 27 56 547 High-turnover (sit down) restaurant 932 8.55 TSF 51 47 98 56 39 95 1,087 Future use traffic total 129 304 433 310 201 511 5,527 Internal capture (5%) 6 15 21 16 10 26 276 Future use external traffic total 123 289 412 294 191 485 5,251 MacArthur Place South EIR Addendum 45 75B-189 Peak Hour AM PM Land Use ITE Code Quantity Units In Out Total In Out Total Daily Existing uses demolished Theater (20% utilization of 40 TSF)z 443 8.0 TSF 0 0 0 46 3 49 624 Restaurant (sports grill)3 932 12.0 TSF 0 0 0 79 55 134 1,526 Existing traffic total -- -- _ -- 0 0 0 125 58 183 2,150 Net new traffic total (future external -existing) 123 289 412 169 133 302 3,101 Source: ITE (Institute of Transportation Engineers) Trip Generation Manual, 8'h Edition, 2008. 1 DU =dwelling units, TSF =thousand square feet 2 Theater utilization of 20% full occupancy at the time traffic counts were conducted. 3 Sports grill assumed to generate no AM peak hour traffic. The table below (Proposed Project Trip Generation Summary) details the proposed project trip generation summary based on the current ITE Trip Generation Manual. Proposed Project Trip Generation Summary Peak Hour AM PM Land Use ITE Code Quantity Units In Out Total In Out Total Daily Condominium project (5-story) 230 276 DU 25 58 83 63 44 107 1,292 Lake Towers (high-rise condos) 222 349 DU 28 77 105 73 49 122 1,466 Cinema Tower condominiums 232 150 DU 9 42 51 36 21 57 627 Business hotel 312 185 occupied rm 63 44 107 68 46 114 1,345 Future use traffic total 125 221 346 240 160 400 4,370 Internal capture (5%) 6 11 17 12 8 20 237 Future use external traffic total 119 210 329 228 152 380 4,493 Existing uses demolished Theater (20% utilization of 40 TSF)2 443 8.0 TSF 0 0 0 46 3 49 624 Restaurant (sports grill)3 932 12.0 TSF 0 0 0 79 55 134 1,526 Existing traffic total -- -- -- 0 0 0 125 58 183 2,150 Proposed project net new traffic total (future external -existing) 119 210 329 103 94 197 2,343 Currently approved project net new traffic total 123 289 412 169 133 302 3,101 Difference (Proposed -Approved) -4 -79 -83 -66 -39 -105 -758 Source: ITE (Institute of Transportation Engineers) Trip Generation Manual, Soh Edition, 2008. 1 DU =dwelling units, TSF =thousand square feet 2 Theater utilization of 20% full occupancy at the time traffic counts were conducted. 3 Sports grill assumed to generate no AM peak hour traffic. As shown in the tables above, impacts due to traffic would be reduced with the proposed project. Therefore, the EIR remains complete and adequate as it relates to traffic, and the project, as currently proposed, would not result in an increase in the number of vehicle trips, the volume-to-capacity ratio on roads, or congestion at intersections. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (No Substantial Change from Previous Analysis) The EIR addressed traffic impacts to surrounding streets and freeways. Mitigation measures were included to reduce impacts. Fair share contributions towards proposed improvements will reduce impacts to a less than significant level. The proposed project will result in fewer daily trips than the project as analyzed in the EIR, and no new or more significant impacts will occur. Therefore, the EIR MacArthur Place South EIR Addendum 46 75B-190 remains complete and adequate in regards to analysis of exceeding, either individually or cumulatively, levels of service established by the county congestion management agency. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No Substantial Change from Previous Analysis) No change in air traffic patterns will occur as a result of the proposed project. Therefore, the EIR remains complete and adequate as it relates to this topic. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (No Substantial Change from Previous Analysis) The analysis in the EIR considered traffic impacts on the existing streets within the project site and in the surrounding area. No design features or incompatible uses are proposed that would substantially increase hazards. Therefore, the EIR remains adequate and complete for this topic. e) Result in inadequate emergency access? (No Substantial Change from Previous Analysis) Emergency access exists within the development area of the proposed project, and no changes or modifications are proposed in this Addendum. Therefore, the EIR remains complete and adequate as it relates to emergency access. ~ Result in inadequate parking capacity? (No Substantial Change from Previous Analysis) Parking requirements were analyzed in the EIR, and provision was made for the required amount of parking for all components of the project. To accommodate the proposed hotel included in this Addendum, a total of 615 parking spaces will be provided comprised of a combination of spaces in the existing parking structure and surface parking lot until the Cinema Tower is constructed. When the Cinema Tower is constructed, a new parking structure will be built to meet the parking needs of the hotel and the Cinema Tower. No new parking impacts will occur with implementation of the proposed project. Therefore, the EIR remains complete and adequate for the provision of required parking. g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (No Substantial Change from Previous Analysis) The proposed project will not conflict with adopted policies, plans or programs supporting alternative transportation. Therefore, the EIR remains complete and adequate as it relates to this topic. XII. Utilities and Service Systems The retaiUrestaurant and the Cinema Lofts components of the previously approved project will be removed, and the hotel will replace the retail and restaurant uses. The Cinema Lofts location will eventually accommodate the relocated Cinema Tower. The City of Santa Ana has confirmed that a 12-inch sewer main has recently been constructed that will meet the sewer needs of the proposed hotel. Additionally, as detailed below, staff in the City's Public Works Department has also indicated that adequate water infrastructure exits to support the project. The technical reports prepared for the EIR were relied upon to calculate the proposed project's impacts on water and sewer demand. Please see Sections XII.b and XII.d below for an analysis of water and sewer demand compared to the previously approved project. a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (No Substantial Change from Previous Analysis) The addition of the 185-room hotel and removal of the retail/restaurant and Cinema Lofts are not anticipated to exceed wastewater treatment requirements. Please refer to Sections XII.b and XII.d MacArthur Place South EIR Addendum 47 75B-191 below. Mitigation measures were designed to minimize potential impacts to utilities and service systems. The project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (No Substantial Change from Previous Analysis) Mitigation measures were designed to minimize potential impacts to utilities and service systems. As detailed in correspondence with the City of Santa Ana Planning Division and Public Works Agency, the proposed hotel project sewer discharge need will be addressed by a new 12" sewer main that was recently constructed in MacArthur Place. More than adequate water and sewer infrastructures have been constructed by the project applicant at the proposed hotel project frontage to meet the project's water and sewer needs. The data from the Walden and Associates Domestic Sewer Technical Report for MacArthur Place dated March 3, 2004 and revised January 14, 2005 was utilized to calculate the proposed project impacts on sewer demands. The following components will not be a part of the proposed project: retail, restaurant, and commercial/residential components of the Cinema Lofts. The sewer demand calculation for those uses is detailed below. The table illustrates that the land uses eliminated will result in a reduction in sewer demand of 6,154 gallons per day. Reduction in Sewer Demand Square Feet Demand Demand Land Use (SF)IUnits (du) Coefficient (gallonslday) Cinema Site Commercial 10,000 SF 50 glksfld 500 (Cinema Lofts) Cinema Site Residential 15 DU 215 gldldu 3,225 (Cinema Lofts) Restaurant 8,590 SF 175 g/ksf/d 1,503 Retail 5,291 SF 175 glksf/d 926 Total -- -- 6,154 The project proposes to add a 185-room hotel. As detailed in the Domestic Sewer Technical Report for MacArthur Place, the Doubletree Hotel had a demand coefficient of 150 g/d1rm. This same demand coefficient was used to calculate the proposed hotel's sewer demand, as detailed in the table below. Sewer Demand of Proposed Hotel Demand Demand Land Use Rooms Coefficient (gallonslday) Proposed hotel 185 150 g/dlrm 27,750 As detailed in the EIR, the wastewater demand for the previous project was 282,608 gallons per day. The table below illustrates the increase in sewer demand for the proposed project. MacArthur Place South EIR Addendum 48 75B-192 Updated Sewer Demand Increase in Sewer Demand from the Proposed Project Wastewater Demand Gallons per Day (gallons per day) Previous wastewater demand 282,608 (per EIR) 304,204 Reduction in sewer demand from -6,154 -282.608 removed project components 21,596 Additional sewer demand from 185-room hotel Total updated sewer demand +27,750 304,204 As detailed in the table above, the reduction in sewer demand from the removed project components, plus the addition in sewer demand from the proposed hotel, result in an updated sewer demand of 304,204 gallons per day. The proposed project will increase the sewer demand by 21,596 gallons per day compared to the previous project. The City has indicated that the proposed hotel project sewer discharge need will be addressed by a new 12" sewer main, which has recently been constructed. As detailed in the Domestic Sewer Technical Report for MacArthur Place, a 12" line has a flow rate of 0.405 million gallons per day (MGD). The project, as addended, would result in a sewer demand of 304,204 gallons a day, which is less than .0405 million gallons per day capacity. The project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (No Substantial Change from Previous Analysis) As detailed in the EIR, the previous project was to be entirely developed with impermeable surfaces. The proposed project will also be entirely developed with impermeable surfaces. Thus, no adverse impact on the existing storm water drainage facilities is anticipated because the project as proposed will not significantly differ in terms of runoff from the project analyzed in the EIR. The project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. d) Have sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? (No Substantial Change from Previous Analysis) Mitigation Measures were designed to minimize potential impacts to utilities and service systems. The project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. As detailed in the EIR, the City of Santa Ana Water Department provides water service to the MacArthur Place South project area. The data from the Walden and Associates Domestic Water Technical Report for MacArthur Place (Amendment No. 1) dated March 3, 2004 and Amended November 19, 2004 was utilized to calculate the proposed project impacts on water demand. The following components will not be a part of the proposed project: retail, restaurant, and commercial/residential components of the Cinema lofts. The water demand calculation for those uses is detailed below. As identified in the table below, the land uses eliminated will result in a reduction in water demand of 7,504 gallons per day. MacArthur Place South EIR Addendum 49 75B-193 Reduction in Water Demand Square Feet (SF) Demand Demand Land Use !Units (du) Coefficient (gallonslday) Cinema Site Commercial 10,000 SF 60 g/ksfld 600 (Cinema Lofts) Cinema Site Residential 15du 275 g/d/du 4,125 (Cinema Lofts) Restaurant Retail Total 8,590 SF 220 glksfld 1,890 5,291 SF 220 glksfld 1,164 -- 7,779 The project proposes to add a 185-room hotel. As detailed in the Amended Domestic Water Technical Report for MacArthur Place the Doubletree hotel had a demand coefficient of 180 g/d/rm. This same demand coefficient was used to calculate the proposed hotel's water demand, as detailed in the table below. Water Demand of Proposed Hotel Demand Demand Land Use Rooms Coefficient (gallonslday) Proposed Hotel 185 180 gldlrm 33,300 Updated Water Demand Increase in Water Demand from the Proposed Project Water Demand Gallons per Day (gallons per day) Previous water demand (per EIR) 354,535 Reduction in water demand from -7,779 380,056 removed project components -354,535 Additional water demand from +33,300 25,521 185-room hotel Total updated water demand 380,056 As detailed in the table above, the reduction in water demand from the removed project components plus the additional water demand from the proposed hotel result in an updated water demand of 380,056 gallons per day. The proposed project will increase the water demand by 25,521 gallons per day compared to the previous project. The updated water demand of 380,056 gallons per day converts to 426 acre feet per year, which is an increase of 29 acre feet per year compared to the previous project. As detailed in correspondence with the City of Santa Ana Planning Division and Public Works Agency, more than adequate water and sewer infrastructures, and services and laterals, have been constructed at the proposed hotel project frontage that can meet the project's water and sewer needs. A Sewer Study will not be necessary. Four 1-inch water meters, one 2-inch water meter, and a 6-inch sewer lateral are available at the project's frontage in MacArthur Boulevard. A 6-inch water vault and meter and an 8-inch fire service are also available. Additionally, as detailed in the EIR, at 2020, the City's overall water production would be 55,370 acre feet per year. Between 2010 and 2020 the City's water production would increase by 2,410 acre-feet per year. The increased amount of water production between 2006 and 2020 would accommodate the increased water demand generated by the MacArthur Place South EIR Addendum 50 75B-194 project and the projected build out of the City's current General Plan. The project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (No Substantial Change from Previous Analysis) Mitigation measures were designed to minimize potential impacts to utilities and service systems. As detailed in the EIR, the previous project would not result in wastewater generation that would exceed the design capacity of the Orange County Sanitation District's (OCSD) Reclamation Plant No. 1. It is anticipated that OCSD would be able handle wastewater from the proposed 185-room hotel. However, if Plant No. 1 is operating at capacity, wastewater flows would be diverted to Reclamation Plant No. 2 in Huntington Beach. Thus, the proposed project would not result in a need to expand or construct a new wastewater treatment plan. The project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. ~ Be served by a landfill with suff cient permitted capacity to accommodate the project's solid waste disposal needs? (No Substantial Change from Previous Analysis) Mitigation measures were designed to minimize potential impacts to utilities and service systems. As detailed in the EIR, the project as previously proposed would have a solid waste disposal demand of 6,424 pounds per day. The change in solid waste based on the hotel and the removal of the Cinema Lofts and the 13,872 square foot retail/restaurant component is not expected to be significant. The identified daily capacity available at the Bowerman landfill is adequate to support the potential increase. Mitigation Measure U-1 -Prior to issuance of building permits, the project developer shall ensure that the building plans for the hotel shall incorporate facilities for collection and pick-up of recyclable materials. Implementation of the above mitigation measure will ensure that no new or more severe impacts beyond those addressed and mitigated in the EIR will occur. Therefore, the EIR remains complete and adequate as it relates to utilities and service systems. g) Comply with federal, state, and local statutes and regulations related to solid waste? (No Substantial Change from Previous Analysis) The solid waste generated by the hotel will not violate federal, state, and local statutes and regulations related to solid waste. A trash enclosure is included on the northern side of the hotel. Mitigation measures were designed and included in the EIR to minimize potential impacts to utilities and service systems. The project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. XIII. Mandatory Findings of Significance a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? (No Substantial Change from Previous Analysis) Impacts to the environment were analyzed in the MacArthur Place South EIR. Due to the location of the project on a previously developed, urbanized site, no impacts to biological resources will occur. The proposed project will not degrade the quality of the environment or substantially reduce the habitat MacArthur Place South EIR Addendum 51 75B-195 or endanger a fish, wildlife, or plant species. Therefore, the EIR, as addended, remains adequate and complete. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? (No Substantial Change from Previous Analysis) The EIR stated that the project would contribute cumulatively significant adverse emissions to the South Coast Basin, which is already anon-attainment area. This impact is significant and adverse and cannot be mitigated to levels of insignificance. The EIR also stated that the project would have cumulative impacts regarding transportation and traffic due to the uncertainty and issues regarding fair- share funding for mitigation measure T-6, regarding the construction of a two-lane metered on-ramp to the SR-55 freeway. Due to the uncertainty of implementation, cumulative impacts were considered for the year 2025. The project will have no new or more severe impacts beyond those addressed and mitigated in the MacArthur Place South EIR. c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? (No Substantial Change from Previous Analysis) Mitigation measures have been provided in the MacArthur Place South EIR to reduce impacts. The project will have no new or more severe impacts beyond those addressed and mitigated in the EIR. MacArthur Place South EIR Addendum 52 75B-196 Conclusion This document constitutes the Addendum to the MacArthur Place South Final Environmental Impact Report SCH 2004061140 (EIR) as adopted and certified by the City of Santa Ana. This document complies with all relevant California Environmental Quality Act (CEQA) standards to determine if the EIR remains adequate to address the impacts resulting from the proposed project pursuant to CEQA Guidelines § 15164. Approval of the Addendum by the City will not require circulation of the document for public review. (CEQA Guidelines § 15164) The Addendum will be included as part of the Final Environmental Impact Report. No changes or modifications are proposed to the original project that would require major revisions to the EIR. Additional mitigation measures are provided in the Addendum to reduce impacts from the project to a less than significant level. No new information of substantial importance or new significant impacts will result from the conversion of originally entitled uses described above to the hotel and the previously approved project consistent with CEQA Section 15064. Based on the analysis herein, the MacArthur Place South EIR remains adequate and complete for the project modifications discussed in this Addendum. The Addendum will require approval by the City of Santa Ana Planning Commission and City Council. In taking action on the Addendum the City, as Lead Agency, must consider the whole of the data presented in the MacArthur Place South Final EIR and this Addendum to the EIR. No additional approvals are necessary. Pursuant to CEQA §21166 and § 15162, there is no evidence that the project or its underlying circumstances have changed in a way that exposes new or more severe impacts than those reported in the MacArthur Place South Final Environmental Impact Report as addended. Furthermore, there is no new information that indicates project alternatives or mitigation measures previously found infeasible are now feasible or have not been accepted and incorporated into the project. Therefore, reliance on the Final Environmental Impact Report as addended will still provide the public and decision makers with all information necessary to evaluate the plan from an environmental perspective. MacArthur Place South EIR Addendum 53 75B-197 Inventory of Applicable Mitigation Measures In adopting the Final EIR, the City's findings and resolutions contained 76 mitigation measures based on refinements and revisions made to the mitigation measures presented in the DEIR. The 76 mitigation measures were incorporated in the certified resolution. All mitigation measures and conditions will either be met in development or are a requirement of City ordinance. Each of these conditions, policies, and mitigation measures will be reviewed during the normal Site Plan review process. Additionally, uniformly applied policies and standards generated to ensure substantial mitigation of environmental effects are applied as conditions of approval or as routine steps in the development process. A Mitigation Monitoring Program has been adopted as part of the approval process to ensure methods, timing, and responsible parties to monitor all mitigation measures. Further refinements in Mitigation Monitoring are hereby included in the MacArthur Place South EIR Addendum to provide more specific descriptions of activities/improvements to ensure no significant impacts from the proposed project will result. These clarifications are summarized below: Mitigation Measure AE-1- Prior to issuance of building permits the project applicant shall ensure that building plans for the proposed project shall include the use of non-reflective building materials to minimize light and glare impacts. Mitigation Measure AQ-1 -During design and construction, the project developer shall incorporate features into the project that will minimize impacts from greenhouse gas emissions such as planting onsite trees as a means of providing carbon storage, promoting energy saving measures beyond Title 24 requirements and encouraging the use of Energy Star equipment and appliances. Mitigation Measure G-1 -During grading operations, the project applicant shall ensure special handling of on-site soils as required by the City of Santa Ana, due to the high moisture content of the soils, which is well above optimum moisture conditions. The City of Santa Ana shall monitor the grading contractor to ensure stabilization of the soils during grading prior to placing and compacting fill soils over wet subgrade soils, as recommended in the geotechnical investigation prepared by Geotechnical Professionals, Inc. Mitigation Measure H-1 -Prior to the issuance of a building permit, the project developer shall provide evidence to the Planning Manager that an FAA Determination of No Hazard to Air Navigation has been obtained for the relocated Cinema Tower. The project developer shall demonstrate compliance with any conditions imposed by the FAA in their determination. Mitigation Measure N-1 -During operation of the hotel, the project developer shall ensure that truck deliveries to the hotel shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. Delivery trucks shall not be permitted to idle in the parking lots or loading areas and shall be required to have properly maintained, factory-approved mufflers. Delivery truck drivers shall be encouraged to minimize acceleration and maintain reduced vehicle speeds while on-site. Mitigation Measure N-2 -During project construction for the hotel, the project contractor shall verify that structural designs and acoustical baffling are implemented to reduce noise levels from mechanical equipment (ventilation fans, air conditioning, and refrigeration units and their associated inlet and exhaust systems) to a level that complies with the City's Municipal Code noise ordinance standards reproduced in the table below (and also reproduced in the EIR). MacArthur Place South EIR Addendum 54 75B-198 City of Santa Ana Exterior Noise Ordinance Standards Noise Level That May Not Be Daytime Night Exceeded for More Than 7:00 a.m. -10:00 p.m. 10:00 pm. - 7:00 a.m. 30 minutes in any hour 55 dB(A) 50 d6(A) 15 minutes in any hour 60 dB(A) 55 dB(A) 5 minutes in any hour 65 d6(A) 60 d6(A) 1 minute in any hour 70 dB(A) 65 dB(A) Any time 75 dB(A) 70 dB(A) Source: Section 18-312 of the City of Santa Ana Municipal Code Mitigation Measure U-1 -Prior to issuance of building permits, the project developer shall ensure that the building plans for the hotel shall incorporate facilities for collection and pick-up of recyclable materials. MacArthur Place South EIR Addendum 55 75B-199 75B-200 Environmental Checklist For CEQA Compliance 1 . Project Title: Expanded Initial Study and Addendum to EIR for MacArthur Place South - SCN 2009061140 2. Lead Agency Name/Address: city of Santa Ana 20 Civic Center Plaza Santa Ana, California 92702 3. Contact Person/Phone No.: Vince Fregoso / (714) 667-2713 4. Project Location: Southeast Corner of Main St. and MacArthur Blvd. Santa Ana, California 5. Project Sponsor Name/Address: Nexus Development Companies 6. General Plan Designation: District Center 7. Zoning: Specific Development (76) 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) The project involves the addition of a four story, 185-room hotel and the removal of the Cinema Lofts (10,000 square feet of commercial office use and 15 units) and 13,871 square foot retail building consisting of 8,580 square feet of restaurant space and 5,290 square feet of retail. The Cinema Towers building will be moved south of its previous location (analyzed in the EIR). 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.) The project site is located at the southeast corner of MacArthur Boulevard and Main Street in southeast Santa Ana. East of the site is the Costa Mesa Freeway (SR-55), south and east of the site is the City of Irvine and the City of Costa Mesa is located to the southwest. John Wayne Airport is approximately 1.1 miles south of the project site. Surrounding land uses include residential, office and commercial/retail. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) None. MacArthur Place South EIR Addendum 57 75B-201 Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by that project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ^ Aesthetics ^ ^ Agricultural Resources ^ ^ Air Quality ^ ^ Biological Resources ^ ^ Cultural Resources ^ ^ Geology /Soils ^ ^ Hazards and Hazardous Materials ^ ^ Hydrology /Water Quality ^ ^ Land Use /Planning Mineral Resources Noise Population /Housing Public Services Recreation Transportation /Traffic Utilities /Service Systems Mandatory Findings of Significance Environmental Determination (to be completed by the Lead Agency) On the basis of this initial evaluation: ^ I find that the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. ^ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. ^ I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. ^ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on the attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ® I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Printed Name For MacArthur Place South EIR Addendum 58 75B-202 Evaluation of Environmental Impacts: I. A brief explanation is required for all answers except "No Substantial Change from Previous Analysis" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Substantial Change from Previous Analysis" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Substantial Change from Previous Analysis" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on aproject-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is a "New Significant Impact," a "More Severe Impact," or "No Substantial Change from Previous Analysis." "More Severe Impacts" is appropriate if there is substantial evidence that an effect may be significant. If one or more entries are "New Significant Impacts" or "More Severe Impacts" when the determination is made, an EIR is required. 4. "No Substantial Change from Previous Analysis" applies where the incorporation of mitigation measures has reduced an effect from "New Significant Impacts" or "More Severe Impacts" to "No Substantial Change from Previous Analysis". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analysis," may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation Measures. For effects that are "No Substantial Change from Previous Analysis," describe the mitigation measures that were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9. The explanation of each issue should identify: a. the significance criteria or threshold, if any, used to evaluate each question; and b. the mitigation measure identified, if any, to reduce the impact to less than significance MacArthur Place South EIR Addendum 59 75B-203 No Substantial New Change from Significant More Severe Previous Issues Impacts Impacts Analysis I. Aesthetics -Would the project: a. Have a substantial adverse effect on a scenic vista? ^ ^ b. Substantially damage scenic resources, including but not limited to, trees, rock ^ ^ outcroppings and historic buildings within a state scenic highway? c. Substantially degrade the existing visual character or quality of the site and its ^ ^ surroundings? d. Create a new source of substantial light or glare that would adversely affect day ^ ^ or nighttime views in the area? II. Air Quality -Where available, the significance criteria established by the applicable air quality management or pollution control district maybe relied upon to make the following determinations. Would the project: a. Conflict with or obstruct implementation of applicable air quality plan? ^ ^ b. Violate any air quality standard or contribute substantially to an existing or ^ ^ projected air quality violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for ^ ^ which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant concentrations? ^ ^ e. Create objectionable odors affecting a substantial number of people? ^ ^ I I. Geology and Soils -Would the project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent ^ ^ Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? ^ ^ iii. Seismic-related ground failure, including liquefaction? ^ ^ iv. Landslides? ^ ^ b. Result in substantial soil erosion or the loss of topsoil? ^ ^ c. Be located on a geologic unit or soil that is unstable, or that would become ^ ^ unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building ^ ^ Code (1994), creating substantial risks to life or property? e. Have solid incapable of adequately supporting the use of septic tanks or ^ ^ alternative waste water disposal systems where sewers are not available for the disposal of waste water? IV. Hazards and Hazardous Materials -Would the project: a. Create a significant hazard to the public or the environment through the routine ^ ^ transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably ^ ^ foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, ^ ^ substances, or waste within one-quarter mile of an existing or proposed school? d. Be located on a site that is included on a list of hazardous materials sites ^ ^ compiled pursuant to Government Code §659662.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not ^ ^ been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? MacArthur Place South EIR Addendum 60 75B-204 No Substantial New Change from Significant More Severe Previous Issues Impacts Impacts Analysis f. For a project within the vicinity of a private airstrip, would the project result in a ^ ^ safety hazard for people residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency ^ ^ response plan or emergency evacuation plan? h. Expose people or structures to a significant risk of loss, injury or death involving ^ ^ wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? V. Hydrology and Water Quality -Would the project: a. Violate any water quality standards or waste discharge requirements? ^ ^ b. Substantially deplete groundwater supplies or interfere substantially with ^ ^ groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including ^ ^ through the alteration of the course of stream or river, in a manner that would result in flooding on or off-site? d. Substantially alter the existing drainage pattern of the site or area, including ^ ^ through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off-site? e. Create or contribute runoff water that would exceed the capacity of existing or ^ ^ planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f. Otherwise substantially degrade water quality? ^ ^ g. Place housing within a 100-year flood hazard area as mapped on a federal Flood ^ ^ Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h. Place within a 100-year flood hazard area structures that would impede or ^ ^ redirect flood flows? i. Expose people or structures to a significant risk of loss, injury or death involving ^ ^ flooding, including flooding as a result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? ^ ^ VI. La nd Use and Planning -Would the project: a. Physically divide an established community? ^ ^ b. Conflict with any applicable land use plan, policy, or regulation of an agency with ^ ^ jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or natural community ^ ^ conservation plan? VII. Noise -Would the project result in: a. Exposure of persons to or generation of noise levels in excess of standards ^ ^ established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive groundborne vibration or ^ ^ groundborne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity ^ ^ above levels existing without the project? d. A substantial temporary or periodic increase in ambient noise levels in the project ^ ^ vicinity above levels existing without the project? MacArthur Place South EIR Addendum 61 75B-205 No Substantial New Change from Significant More Severe Previous Issues Impacts Impacts Analysis e. For a project located within an airport land use plan or, where such a plan has not ^ ^ been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose ^ ^ people residing or working in the project area to excessive noise levels? VIII. Population and Housing -Would the project: a. Induce substantial population growth in an area, either directly (for example, by ^ ^ proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, necessitating the construction ^ ^ of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the construction of ^ ^ replacement housing elsewhere? IX. Public Services -Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ration, response times or other performance objectives for any of the public service: a. Fire protection? ^ ^ b. Police protection? ^ ^ c. Schools? ^ ^ d. Parks? ^ ^ e. Other public facilities? ^ ^ X. Recreation a. Would the project increase the use of existing neighborhood and regional parks ^ ^ or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. b. Does the project include recreational facilities or require the construction or ^ ^ expansion of recreational facilities that might have an adverse physical effect on the environment? XI. Transportation/Traffic -Would the project: a. Cause an increase in traffic that is substantial in relation to the existing traffc load ^ ^ ^ and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections?) b. Exceed, either individually or cumulatively, a level of service standard established ^ ^ ^ by the county congestion management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic ^ ^ ^ levels or a change in location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or ^ ^ ^ dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? ^ ^ ^ f. Result in inadequate parking capacity? ^ ^ ^ g. Conflict with adopted policies supporting alternative transportation (e.g., bus ^ ^ ^ turnouts, bicycle racks)? XII. Ut ilities and Service Systems -Would the project: a. Exceed wastewater treatment requirements of the applicable Regional Water ^ ^ Quality Control Board? b. Require or result in the construction of new water or wastewater treatment ^ ^ facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? MacArthur Place South EIR Addendum 62 75B-206 No Substantial New Change from Significant More Severe Previous Issues Impacts Impacts Analysis c. Require or result in the construction of new storm water drainage facilities or ^ ^ expansion of existing facilities, the construction of which could cause significant environmental effects? d. Are sufficient water supplies available to serve the project from existing ^ ^ entitlements and resources, or are new or expanded entitlements needed? e. Result in the determination by the wastewater treatment provider that serves or ^ ^ may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to accommodate the ^ ^ project's solid waste disposal needs? g. Comply with federal, state, and local statutes and regulations related to solid ^ ^ waste? XIII. Mandatory Findings of Significance a. Does the project have the potential to degrade the quality of the environment, ^ ^ substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impacts that are individually limited but cumulatively ^ ^ considerable? ("Cumulatively considerable' means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects). c. Does the project have environmental effects that will cause substantial adverse ^ ^ effects on human beings, either directly or indirectly? Checklist prepared by CAA Planning on behalf of the City of Santa Ana. 85 Argonaut, Suite 220 Aliso Viejo, CA 92656 (949) 581-2888 MacArthur Place South EIR Addendum 63 75B-207 75B-208 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE MACARTHUR PLACE SOUTH MIXED USE SPECIFIC DEVELOPMENT DISTRICT (SD-76) (ZOA NO. 2009-04) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. The Applicant is requesting approval of an Addendum to the Final Environmental Impact Report No. 2004-02 and approve the mitigation monitoring program; Zoning Ordinance Amendment No. 2009-04; an Amendment to the Development Agreement No. 2005-02; Conditional Use Permit No. 2009-08 and Variance No. 2009-02 to allow a hotel at 6 East MacArthur Place. B. On April 13, 2009, the Planning Commission Chairperson declared an impasse after a series of motions failed to achieve a majority vote. The Applicant has requested the items be denied by the Planning Commission to allow them to move forward to the City Council for a final decision. The items before the Planning Commission were as follows: 1. Adopt a resolution approving the Addendum to the Final Environmental Impact Report No. 2004-02 and approve the mitigation monitoring program. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009-04. 3. Adopt an ordinance approving the Amendment to Development Agreement No. 2005-02. 4. Adopt a resolution approving Conditional Use Permit No. 2009-08 as conditioned. 5. Adopt a resolution approving Variance No. 2009-02 as conditioned. C. On May 4, 2009 the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. D. Zoning Ordinance Amendment No. 2009-04 has been filed with the City of Santa Ana to amend the MacArthur Place South Mixed Use Specific Development District (SD-76) to allow hotels as a conditionally permitted use in Zone 2. 75B-209 1. Amendment Application No. 2009-04 is consistent with the General Plan, including but not limited to its goals and policies to: a. Promote the balance of land uses to address basic community needs. Land Use Element Goal No. 1.0. b. Promote land uses which enhance the City's economic and fiscal viability. Land Use Element Goal No. 2.0. c. Support developments that create a business environment that is safe and attractive. Land Use Element Policy No. 2.8. d. Enhance development sites and districts which are unique community assets that enhance the quality of life. Land Use Element Goal No. 4.0. 2. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the MacArthur Place South project is consistent with the purpose of the general plan. 3. The City Council also adopts as findings all facts presented in the Requests for Council Action dated May 4, 2009 accompanying this matter. 4. For these reasons, and each of them, Zoning Ordinance Amendment No. 2009-04 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. E. This resolution incorporates by reference, as though fully set forth herein, the Final Environmental Impact Report No. 2004-02, the Mitigation Monitoring Program, and the Statement of Overriding Considerations and ordinance and resolutions which came before the City Council on June 20, 2005; and the Addendum to the Final Environmental Impact Report No. 2004-02 and the mitigation monitoring program which was adopted by Resolution by the City Council on May 4, 2009 for this project. Section 2. MacArthur Place South Mixed Use Specific Development District (SD-76) is amended as set forth in Exhibit "A", attached hereto and incorporated as though fully set forth herein. All provisions of the Specific Development District which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 3. 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 75B-210 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 May, 2009. 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 attached Ordinance No. NS- to Council of the City of Santa Ana on Council, do hereby attest to and certify the be the original ordinance adopted by the City ,and that said ordinance was 75B-211 published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75B-212 MacArthur Place South Mixed Use Specific Development District (SD-76) TABLE OF CONTENTS SECTION 1. Applicability of Ordinance SECTION 2. Purpose SECTION 3. Objectives and Policies SECTION 4. Permitted Improvements SECTION 5. Permitted Uses SECTION 6. Conditionally Permitted Uses SECTION 7. Development Standards 1. Maximum Density 2. Minimum Parcel Size 3. Overall Project a. General Requirements b. Building Setbacks c. Building Height d. Screening 4. Parking a. General Requirements b. Residential Components c. Other Uses 5. Building Elevations SECTION 8. Miscellaneous Standards 1. Landscaping 2. Signage 3. Common Areas 4. Public Art EXHIBIT A 75B-213 MacArthur Place South Mixed Use Specific Development District (SD 76) SECTION 1 APPLICABILITY OF ORDINANCE The specific development zoning district, as authorized by Chapter 41, Division 26, of the Santa Ana Municipal Code, is specifically subject to the regulations contained in this ordinance for the express purpose of establishing use district regulations. All other applicable chapters, articles and sections of the Santa Ana Municipal Code shall apply unless expressly waived or superseded by this ordinance. Use district regulations established in Chapter 41, Article III, of the Santa Ana Municipal Code for zoning districts other than the SD zoning district may be incorporated herein by reference. The boundaries of the MacArthur Place South MacArthur Place SouthMixed Use Specific Development District shall be defined pursuant to Exhibit A (attached hereto and incorporated as though fully set forth herein). MacArthur Place South Mixed Use Specific Development District shall have two zones, Zone 1 and Zone 2, as depicted in Exhibit A. SECTION 2 PURPOSE The Specific Development No. 76 (SD-76) use district regulations are hereby established for the express purpose of protecting the health, safety and general welfare of the City by encouraging the use of innovative planning concepts and principles, promoting and enhancing the value of properties, and encouraging orderly development. This district is intended to provide standards for areas located in a District Center and adjacent to high capacity arterial streets. SECTION 3 OBJECTIVES AND POLICIES The MacArthur Place South Mixed Use Specific Development District is located within the southeastern area of the City. The MacArthur Place South Mixed Use Specific Development District encompasses a mixture of office, restaurant, retail, hotel and residential land uses. The following site development policies are designed to encourage greater convenience, efficiency, excellence of design and visual appeal than is typically achieved with usual residential and commercial development. The policies of the MacArthur Place South Mixed Use Specific Development District include the following: • Uses shall be integrated within the overall MacArthur Place South campus in terms of architecture, pedestrian orientation and circulation, vehicular circulation, landscape and urban design. 75B-214 • Internal circulation shall separate customer traffic from loading, delivering, and pedestrian traffic. • Access to and from the adjacent arterial streets and highways shall be limited, in order to ensure efficient and safe vehicular circulation. • Adequate open spaces and landscaping shall be provided for all uses and shall be integrated with building and parking areas. • Awell-planned system of pedestrian linkages, enhanced with water features, seating areas, and other pedestrian amenities, shall be developed for convenient access between all uses developed on the site. • Walkways, parking and open spaces shall be provided with adequate lighting for safe and convenient nighttime use. SECTION 4 PERMITTED USES IN ZONE 1 The permitted land uses within Zone 1 shall be as follows: 1. Professional, business and administrative offices. 2. Museums, libraries and galleries. 3. Retail and Service Uses. 4. Restaurants, cafes, and eating establishments, other than those specified in section 41-365.5. 5. Coffee houses, tea houses, and bakeries. SECTION 5 CONDITIONALLY PERMITTED USES IN ZONE 1 The following uses are permitted within Zone 1 upon the approval of a conditional use permit in accordance with the Santa Ana Municipal Code: 1. Theaters. 2. Hotels. 3. Child care facilities. 4. Nightclubs, bars and indoor entertainment uses whether freestanding or part of another permitted or conditionally permitted use. Adult entertainment businesses shall not be permitted within Zone 1. 5. Establishments selling or serving alcoholic beverages. 75B-215 6. Banquet facilities, subject to development standards set forth in section 41-199.1. 7. Uses open between the hours of 12:00 midnight and 5:00 a.m. 8. Health Clubs. SECTION 6 PERMITTED USES IN ZONE 2 The permitted land uses within Zone 2 shall be as follows: Professional, business and administrative offices. 2. Museums, libraries and galleries. SECTION 7 CONDITIONALLY PERMITTED USES IN ZONE 2 The following uses are permitted within Zone 2 upon the approval of a conditional use permit in accordance with the Santa Ana Municipal Code: Nightclubs, bars and indoor entertainment uses whether freestanding or part of another permitted or conditionally permitted use. Adult entertainment businesses shall not be permitted within Zone 2. 2. Establishments selling or serving alcoholic beverages. 3. Banquet facilities, subject to development standards set forth in section 41-199.1. 4. Uses open between the hours of 12:00 midnight and 5:00 a.m. 5. Multi-family residential uses. 6. Live/work communities in compliance with the following standards: a. Residential use is permitted only in combination with individual work space in a manner which provides an integrated working and living environment. b. Alive/work unit shall be at least nine hundred (900) square feet in size. c. The residential component of a live/work unit shall meet the following standards: i. It shall have access to separate bathroom facilities, including a water closet, a wash basin, and a bathtub or shower. ii. It shall have separate kitchen facilities including a kitchen sink, cooking appliances and refrigerator. All such 75B-216 facilities shall have a clear working space of at least thirty (30) inches in front. iii. It shall comply with all Housing Code requirements as modified by section 8-2700 of this Code. iv. In-unit laundry facilities shall be required. v. No residential component shall be permitted on the ground floor of the live/work unit. 7. Outdoor Farmers Markets. 8. Full service cafes and restaurants, which may include incidental take-out service. Full service cafes and restaurants shall be limited to those that provide sit down dining areas and exclusive table service for ordering and delivering meals and beverages. 9. Coffee houses, tea houses, and bakeries. 10. Health Clubs. 11. Retail and service uses. 12. Hotels SECTION 8 DEVELOPMENT STANDARDS IN ZONE 2 The following general development standards are applicable to this project: Maximum Development Intensity Consistent with the General Plan, the maximum residential density allowed for the site shall be 90 dwelling units per acre within SD-76. The maximum floor area ratio for other permitted uses shall be 1.0. 2. Minimum Parcel Size The minimum parcel size shall be 2.5 acres. 3. Overall Project The development plans and material samples shall be submitted to and approved by the Planning Commission pursuant to Section 41- 593.4 prior to issuance of any building permits. a. Building Setbacks Setbacks are established to enhance pedestrian space throughout the district, create compatible relationships between existing and future building elevations, and recognize opportunities to create new open spaces such as plazas, pedestrian 75B-217 ways and landscaped areas. Major setback conditions are discussed below by street: i. Main Street: All projects shall maintain a building setback of 15 feet. Entry steps to residential units may encroach into this setback area in order to provide a transition between public and private spaces. ii. MacArthur Boulevard: All residential projects shall maintain a building setback of 15 feet. Entry steps to residential units may encroach into this setback area in order to provide a transition between public and private spaces. iii. Sandpointe Avenue: All projects shall maintain a building setback of 10 feet. Entry steps to residential units may encroach into this setback area in order to provide a transition between public and private spaces. iv. Hutton Center Drive: All projects shall maintain a building setback of 10 feet. b. Building Height The building height of a project shall not be approved where the Federal Aviation Administration (FAA) has determined such height to be a hazard to air navigation. c. Screening All appurtenances shall be located outside any required setback and shall be screened from view. 4. Parking a. General Requirements Parking shall not encroach into required setbacks at grade. Parking structures below residential buildings shall not encroach within required setbacks along Main Street or MacArthur Boulevard. 75B-218 ii. Parking structures that incorporate trash enclosures shall maintain sufficient vertical clearances to facilitate trash truck access. iii. Glare from the parking structure lighting shall not be visible from any public right-of-way. iv. The ceiling of all parking levels shall be painted white and be maintained to improve illumination and enhance safety within the parking structure. v. The parking structure shall comply with the Santa Ana Municipal Code sections pertaining to the Police Department's Security requirements, including parking lot lighting levels. vi. The parking structure shall comply with the Santa Ana Police Department's parking structure design guidelines. b. All uses shall comply with the parking provisions outlined in Chapter 41 of the Santa Ana Municipal Code (SAMC). 5. Landscapina Prior to issuance of any building permit, a detailed Landscape Plan shall be submitted to and be approved by the Planning Commission. 6. Si na e a. All signage shall comply with the Santa Ana Municipal Code b. Prior to issuance of any sign permits or certificates of occupancy for any building or portion thereof, a comprehensive sign program for the entire site, including directional signs and graphics for the parking structure, shall be submitted to and be approved by the Planning Commission. 7. Public Areas Prior to issuance of any building permits, a detailed plan of the public areas shall be submitted to and approved by the Planning Commission. a. Exterior kiosks, carts or other temporary outdoor uses are not allowed unless specifically submitted to and approved by the Planning Commission. 75B-219 b. The public areas shall incorporate seating, benches, street furniture and landscaping to provide visual interest and additional amenities within the public areas. All seating, benches, street furniture surfaces, pedestrian-level walls and similar amenities shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather and incorporate graffiti resistant coatings. c. Pedestrian amenities shall be provided such as lighting, planters, drinking fountains, unit pavers, and bicycle racks. d. Trash receptacles should be located in high-activity areas, such as plazas and other public open spaces. The style shall be compatible with other public areas' furnishings. e. The property shall be maintained free of graffiti. All graffiti shall be removed within 48-hours of occurrence. 75B-220 ORDINANCE NO. NS - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND GRAND PLAN 2, LLC THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares as follows: A. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process. B. The City enters into this Amendment to Development Agreement pursuant to the provisions of the Government Code and applicable City policies. C. The Planning Commission has, following a duly noticed public hearing, on April 13, 2009, tied 3-3 on whether to recommend approval of this Amendment to Development Agreement. D. Entering into this Amendment to Development Agreement would provide the City with extraordinary and significant benefits that are of regional significance, relate to existing deficiencies in public facilities, require the owner of MacArthur Place South to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. E. The City Council has held a noticed public hearing on this Ordinance, and has considered all testimony presented thereto. F. The previously adopted and certified Final Environmental Impact Report (EIR) for the Nexus Project, No. ER 2004-02, and its Addendum have been approved and certified by this Council by resolution simultaneously with the introduction of this ordinance. G. The proposed project will not adversely affect the General Plan, as is expressly set forth in the Request for Council Action dated May 4, 2009, together with Ordinance No. NS- Page 1 75B-221 all supporting documents, including but not limited to proposed resolutions, which are incorporated herein by this reference. SECTION 2: The Amendment to Development Agreement, a true and correct copy of which is attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk of the Council are authorized to execute it on behalf of the City with such nonsubstantive changes as may be authorized by the City Manager and City Attorney. The Clerk of the City is hereby authorized and directed to cause this Development Agreement to be recorded with the County Recorder's Office. SECTION 3: This ordinance shall not be effective unless and until Resolution No. 2009-XXX is adopted and become effective. If said resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. 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 , 2009. Miguel A. Pulido Mayor Ordinance No. NS- Page 2 75B-222 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS- Page 3 75B-223 EXHIBIT 1 (replace with separate Word file called "3rd amendment to Development Agreement Hotel 2") Ordinance No. NS- Page 4 75B-224 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M-30 P.O. Box 1988 Santa Ana, California 92702 FREE RECORDING C~7(~VF.RN1ViF.NT ~nr~F r ~i nz THIRD AMENDMENT TO DEVELOPMENT AGREEMENT by and between THE CITY OF SANTA ANA and THE GRAND PLAN 2, LLC Dated: , 2009 Ordinance No. NS- EXHIBIT 1 75B-225 THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA, and THE GRAND PLAN 2, LLC This THIRD AMENDMENT TO DEVELOPMENT AGREEMENT ("Third Amendment") is entered into between THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California ("City"), and THE GRAND PLAN 2, LLC, a California limited liability company ("GP2"). 1. Reference to Facts. This Third Amendment is entered into with reference to the following facts: 1.1 Capitalized terms not defined herein shall have the meaning set forth in the Development Agreement. 1.2 The Grand Plan 1, LLC, a California limited liability company ("GP1") and The Grand Plan 2, LLC, a California limited liability company ("GP2"), on the one hand, and City, on the other hand, entered into that certain Development Agreement dated August 4, 2005 and recorded in the Orange County Official Records on July 21, 2005 as Instrument No. 2005000565108 (as amended, the "Development Agreement") pursuant to which, among other things, Owner (as defined in the Development Agreement) was granted the vested right to develop a mixed use Project with residential condominiums and office/commercial/retail uses, as more particularly described therein. GP2's current rights and obligations under the Development Agreement include the Condo/Office Project and Retail Project Elements of the Project, which are the subject of this Third Amendment. 1.3 A First Amendment to the Development Agreement by and between the City, GP2, NDC Skyline Associates, LLC and Integral Communities I, Inc. (the latter two being assignees of GP1 and GP2 as applicable) was executed on or about July 7, 2008 and recorded in the Orange County Official Records on July 22, 2005 as Instrument No. 2008000349227. Simultaneous with its consideration of this Third Amendment, the City Council of the City of Santa Ana is considering a proposed Second Amendment to the Development Agreement, which is concerned solely with consideration of separate requests for the City to approve rental use (as opposed to for-sale condominiums) of the Lake Tower Element and Integral Project Element of the Project. 1.4 The original Development Agreement and Entitlements (i) described the Condo/Office Project Element of the Project as consisting of a six (6) story tower consisting of fifteen (15) for-sale residential units on four (4) floors and approximately ten thousand (10,000) square feet of office use on two (2) floors, and (ii) described the Retail Project Element of the Project as consisting of approximately thirteen thousand eight hundred seventy-one (13,871) square feet of commercial space, including approximately eight thousand five hundred eighty (8,580) square feet of restaurant and approximately five thousand two hundred ninety (5,290) square feet of retail. 1.5 In lieu of the Condo/Office Project and Retail Project, which Elements are no longer part of the Project, GP2 seeks approval of a Hotel Project. For purposes of this Third 3rd amendment to development agreement hotel2.doc 4/29/2009 9:34 AM 2 75B-226 Amendment, the "Hotel Project" shall consist of a new 185 room, 100,000 square foot, four-story (approximately 57.3 feet above grade) hotel to be located on the corner of MacArthur Place and MacArthur Boulevard served by 133 surface parking spaces, and GP2's right to park in the parking structure located on Orange County Assessor's Parcel No. 411-081-22 (also known as the Teacher's parking structure) during certain specified hours of the week. 1.6 Approval of the Hotel Project will result in the need to relocate of the Cinema Tower, which is also owned and developed by GP2. The City and GP2 agree and acknowledge that GP2 must submit a new application to the City for site plan review for the proposed new location of the Cinema Tower, which must be reviewed and approved by the City's Planning Commission. 1.7 In connection with the foregoing, GP2 and the City now desire to amend the Development Agreement to provide GP2 with approval of the Hotel Project subject to the terms and conditions of the Development Agreement, as amended. 2. Hotel Project. GP2 and the City hereby acknowledge and agree that GP2 has the right under this Third Amendment to construct and operate the Hotel Project, as hereinafter defined. 3. Modification of Certain Provisions. The Development Agreement is hereby amended and supplemented in the following particulars: 3.1 Section 1.1(1). The phrase "office/commercial/retail uses" appearing in Section l.l(1) of the Development Agreement is hereby amended and restated to read as ``hotel uses with ancillary retail/restaurant uses." 3.2 Section 2.13. The entire section is deleted and replaced with the word "Reserved." 3.3 Section 2.23. The entire section is deleted and replaced with the word "Reserved." 3.4 Section 2.25A. A new section is added between Section 2.25 and 2.26 to read as follows: "'Hotel Project' is defined in Section 2.43." 3.5 Section 2.21. This section is hereby supplemented by adding the following after the first sentence appearing therein: "The Project also includes a new 185 room, approximately 100,097 square foot, four-story (approximately 57.3 feet above grade) hotel to be located on the corner of MacArthur Place and MacArthur Boulevard served by 133 surface parking spaces, and GP2's parking rights in structure located on Orange County Assessor's Parcel No. 411-081-22 (also known as the Teacher's parking structure) during certain specified hours of the week, as set forth in detail in City approvals for Development Permit No. 2008-8, Zoning Ordinance Amendment No. 2009-04, Conditional Use Permit No. 2009-08, Variance No. 2009-02, Environmental Review No. 2008-235 (including the Addendum to the Final Environmental Impact Report for Environmental Review No. 2004-02). Entitlements shall also include the City approvals for the Hotel Project set forth in detail in City approvals for Development Permit No. 2008-8, Zoning Ordinance Amendment No. 2009-04, Conditional Use Permit No. 2009-08, Variance No. 2009-02, Environmental Review 3rd amendment to development agreement hotel2.doc 4/29/2009 9:34 AM 3 75B-227 No. 2008-235 (including the Addendum to the Final Environmental Impact Report for Environmental Review No. 2004-02). 3.6 Section 2.43(2). The section is deleted and replaced by the following: "A new 185 room, approximately 100,097 square foot, four-story (approximately 57.3 feet above grade) hotel to be located on the corner of MacArthur Place and MacArthur Boulevard served by 133 surface parking spaces, and GP2's parking rights in the structure located on Orange County Assessor's Parcel No. 411-081-22 (also known as the Teacher's parking structure) during certain specified hours of the week (the `Hotel Project')." 3.7 Section 2.43(4). The entire section is deleted and replaced with the word "Reserved." 3.8 Section 2.43 (~enerally). The final sentence appearing in this section (i.e., the sentence beginning with the phrase "Each of the Lake Towers ... ") is deleted and replaced with the following: "The Lake Towers, the Cinema Tower, the Hotel Project, and the Integral Project are each an `Element."' 3.9 Section 2.52. The entire section is deleted and replaced with the word "Reserved." 3.10 Section 2.55. The following is added to this section: "The City and GP2 agree and acknowledge that the final location of the relocated Cinema Tower has not been determined. This is other issues related to its relocation shall be resolved by submission of an application by GP2 for Development Project Plan Approval pursuant to Division 3 of Article V of Chapter 41 of the City's Municipal Code, which shall be processed pursuant to said Division and Section 41-593 et seq. of the City's Municipal Code." 3.11 Section 5.1.11. The phrase "Restaurant Portion" appearing in Section 5.1.11 of the Development Agreement is hereby amended and restated to read as "Hotel Project." 3.12 Exhibit B (Public Art Plan). The second to last sentence of paragraph 2 of Exhibit B of the Development Agreement, as previously amended in the First Amendment to the Development Agreement (beginning with the phrase "Owner shall have committed..."), is deleted and replaced with the following: "Owner shall have committed, by written contract, to expend not less than One Hundred Twenty-Five Thousand Dollars ($125,000) in connection with the Public Art upon the issuance of a certificate of occupancy for each of the following: (i) Lake Towers, (ii) Cinema 3rd amendment to development agreement hotel2.doc 4/29/2009 9:34 AM 4 75B-228 Towers, (iii) Integral Project, and (iv) Hotel Project, but in no event exceeding an aggregate of Five Hundred Thousand Dollars ($500,000)." Full Force and Effect• Counter arts. Except as amended herein the Development Agreement shall remain in full force and effect in accordance with its terms. This Third Amendment may be executed in any number of counterparts, all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, this Third Amendment has been executed by the City of Santa Ana and The Grand Plan 2, LLC. Dated this day of , 2009. "CITY" THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California By ATTEST: PATRICIA E. HEALY Clerk of the Council Approved as to Form: By JOSEPH W.FLETCHER City Attorney 3rd amendment to development agreement hotel2.doc DAVID N. REAM City Manager 4/29/2009 9:34 AM 5 75B-229 "GP2" THE GRAND PLAN 2, LLC, a California limited liability company By Name Its 3rd amendment to development agreement hotel2.doc 4/29/2009 9:34 AM 75B-230 STATE OF CALIFORNIA ss. COUNTY OF ) On before me, ,Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal SIGNATURE OF NOTARY PUBLIC STATE OF CALIFORNIA COUNTY OF ss. On before me, ,Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal SIGNATURE OF NOTARY PUBLIC 3rd amendment to development agreement hotel2.doc 4/29/2009 9:34 AM 7 75B-231 75B-232 CK D Charles, Kane & Dye LLP May 1, 2009 REFER TO FILE NO.: 20500.001 VIA HAND DELIVERY City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Attn: Mayor Miguel Pulido Council Members, Carlos Bustamante, Claudia Alvarez (Mayor Pro Tem), David Benevides, Michele Martinez, Sal Tinajero, and Vincent F. Sarmiento Re: Application by Nexus Development Corporation for Zoning Ordinance Amendment No. 2009, et al. Ladies and Gentlemen: Please be advised that this office represents the Doubletree Club Hotel/Orange County Airport located at 7 Hutton Centre Drive, Santa Ana, California ("Doubletree Club"). In response to the hearing of the Planning ColTtmission held on April 13, 2009, I prepared and delivered to the Planning Commission the objection of Doubletree Club Hotel/Orange County Airport to the Application by Nexus Development Corporation ("Nexus") for an amendment to the currently approved zoning and a variance to the Code required parking availability in order to permit construction of a proposed Marriott Courtyard Hotel. After public hearing on the matter at that time, the Planning Commission issued a "No Recommendation' finding, and Nexus elected to bring this matter directly before the City Council requesting that the City Council ignore the findings of the Planning Commission and nonetheless grant its Application. This letter is written in continued opposition to the Nexus Application, and supplements my earlier letter which I request remain part of the record in this matter and be considered by the City Council. I have reviewed the Staff Report of the Planning Commission (the "Report"), dated April 13, 2009, with respect to ZOA No. 2009-04, CUP No. 2009-08, Amend DA No. 05-02 and VA No. 2009-02 with respect to a proposed Marriott Courtyard Hotel. The Staff Report failed to adequately address at least two major concerns, which undoubtedly was part of the basis for the Planning Commissions "No Recommendation." First, the requested Zone Amendment and Conditional Use Permit to allow the construction of a hotel, which was not included within the permitted uses for this parcel in the Specific Development No. 76 Zoning District (SD-76), abandons the City's well-conceived urban village concept for this property. The 1920 Main Street ,Suite 1070 • Irvine, CA 92614 • TEL: 949.852.8$68 • FAX: 949.$52.987$ • www.ckdcounsel.com 75B-233 CK D G harles, Kane di Dye LLP City of Santa Ana May 1, 2009 Page 2 original zoning of this parcel for office and certain limited retail was not incompatible with the hotel use on the Doubletree Club parcel. While Doubletree Club has a substantial need for daytime parking, its peak parking needs are night and weekends, while office and retail peak needs are daytime. This did not result in additional stress on already limited parking. The urban village concept not only accommodates the parking needs of the project, but also enhances the desirability of this property, and promotes the forward-looking thinking and positive image of the City of Santa Ana. Other owners in this project, including Doubletree Club, have made substantial investments in the project in reliance upon the urban village concept. Nowhere in the Staff Report or Nexus' Application is there any mention of the need for, or benefits of, changing this concept. The reason simply cannot be the need for another hotel in the area. In addition to the Doubletree Club Hotel on-site, there is also a Doubletree Hotel immediately across MacArthur Boulevard. Nothing in the Nexus Application indicates any shortage of hotel rooms that would justify such a major conceptual change. For this reason alone, the Application of Nexus for a Zone Amendment and Conditional Use Permit should be denied. Second, on a very practical level, the proposed Parking Variance which reduces the number of available parking spaces required by Section 41-1344 of the Santa Ana Municipal Code for the proposed development will materially exacerbate an already over-crowded parking situation during hours of peak need. In its. Application, Nexus asserts that the number of parking spaces the Code requires far the proposed development is 204, while only 183 parking spaces are available. Of the 183 available spaces 25 are already allocated to Double Tree Club pursuant to those certain Parking Agreements attached hereto as Exhibit "A." The Planning Commission Staff Report acknowledged that the actual shortfall in the Code-required parking spaces is at least 46. The parking analysis prepared on behalf of Nexus by Fehr & Peers suggests that 183 spaces are available on the shared surface lot during peak hours, and that the proposed hotel will require only 182. However, this study fails to recognize that 25 of the 183 spaces are already allocated to Doubletree Club, leaving only 158 spaces available to satisfy the requirement of 182 spaces. The parking study prepared by Fehr & Peers indicates that during evenings and weekends, when the parking demand is even higher, the hotel will require 197 spaces (although only 158 are available). The proposed solution is "tandem valet parking" in a portion of the surface lot and parking in the adjacent 500-car parking structures. Since the Fehr & Peers' parking study appears on it surface to be inadequate, Doubletree Club retained the well-recognized parking consulting firm Walker Parking Consultants ("Walker") to further analyze the parking requirements for the proposed Marriott Courtyard and to review the Fehr & Peers study. A copy of Walker's parking study is attached hereto for 75B-234 CK D Charles, Kane & Dye T.LP City of Santa Ana May 1, 2009 Page 3 your review as Exhibit "B." This study concludes that the Fehr & Peers study is deficient for at least four reasons: (i) it erroneously assumes that the Doubletree Club's 25 surface parking spaces will be available, (ii) erroneously assumes that 3,000 square feet of meeting rooms in the proposed Marriott Courtyard will not result in any increased parking demand, (iii) its shared parking analysis understates the actual number of required parking spaces, and (iv) the tandem valet parking solution is unworkable. As can be seen from Walker's attached report, weekday peak demand for Marriott parking will be 206 spaces, and weekend peak demand will be 204 spaces, with only a 158 parking space supply on weekdays. The parking in the project is already severely limited, and presents a very substantial problem. As can be seen from the emails attached hereto as Exhibit "C" received from patrons of the Doubletree Club, the existing parking problem is very serious. For example, as recently as April 25, 2009, the Doubletree Club received an email from a guest stating as follows: " The parking is awful. We had to park two blocks away [in the overflow surface lot] and walk (at midnight -returning from a wedding) back to the hotel. We took the last spot in the overflow lot and if' it hadri t been for that, I dori t know how far we would have had to park. This is a major liability/safety concern that should be addressed." The addition of the proposed hotel will only make matters materially worse. The proposed solution is "tandem valet parking" in a portion of the surface lot. This "solution' simply will not work. First, with respect to shared use of the existing 183-stall surface lot, the proposed hotel is immediately adjacent to this surface parking lot where Doubletree Club has been allocated 25 parking spaces. As the attached Walker Report establishes, since there is no requirement that invitees of the proposed hotel use the valet parking, and since it is well known that many people will not use valet parking, it is clear that the most available option for these individuals is to park in the immediately adjacent surface parking lot. This will materially and adversely affect the availability of the 25 parking stalls allocated to Doubletree Club in this lot. In fact, while these 25 Doubletree Club spaces are currently segregated, fenced off, and marked as reserved for Doubletree Club, non-Doubletree patrons park in these spaces on a daily basis. Having the proposed hotel adjacent to this lot (and much closer to it than the Doubletree Club), and eliminating the current segregation and fencing of Doubletree Club's 25 surface parking spaces, will make non-authorized use of Doubletree Club parking spaces an even worse problem. In the event the City Council should nonetheless be inclined to grant the Nexus Application, Doubletree Club respectfully requests that the City Council delay approval until 75B-235 CK D Charles, Kane & Dye T.T.P City of Santa Ana May 1, 2009 Page 4 appropriate mitigation requirements can be developed that will reduce the adverse impact of the proposed hotel on the project's already sever parking problem Thank you for consideration of the concerns set forth above. Very truly yours, Robert E. Dye RED:red S:\Steve\Doubletree\City Council ltr 05.01.09.doc cc: Mr. Mark Pfeifer 75B-236 EXHIBIT "A" 75B-237 -: - ~ i~CORathiG REOIJESTH48Y Fiit;T MAEidCAN MLE COMPANY NATgfKCtCA1H~lEt~lAt SEFiVICE6 co~,~EFtdscrtkocsrRia. onns~ort Ac[oYn-~3 RECORDING REQUESTED BY, AND WHEU RECaRDED MAIL. To, AND MAIL TAX STATEMENT T0: Allen Matkins Lock Gamble Mallory & Natsis LLP 1940 Main Street, Fifth Floor Irvine, California 92614 Attention: R Michael3oyce, Esq. R~cardsd !n Oiilclal Rwcortls, oran9w County Tatf~ v,ly, Clsrk-Ftwcortler Itl$b~IINIII~IIIII ll1t11111t(VIII 33,~~ 2U86QOfl3323T1 fl4:03prn fl511Tl06 2a3 S8 At2 Gas 9 o.aoa.aa o.oo o.oa zt.oo o.oo o.oo a_ao jA~OVE SPACE FOR RECORpE Et'S U5t? ONLY E FIRST AMENDML+'NT TO DESIGNATION OF PARKING SPACES; TERMINATION OF TEMPORARY PARKING AGR]gEMEIVT AND GRANT OF TEMPORARY PARKKIIYYG RIGH'T'S This FIRST AMENDMENT TO DESIGNATION OF PARKING SPACES TERMINATION OF TEMPORARY PARKING AGREEMENT AND GRANT OF TE RARY PARKING RIGHTS ("Amendmcat'~ is executed this /l b day of '~ 20a6 by and betweezt THE GRAI~iD PLAN 2, LLC, a Delaware limited. Gabili mpany {"GP2 "), and JHC INVESTMENT, INC., a California rArporation ("Daubletree"), with reference to the following facts: ~ECIT~LS: A. On or about Stptetnbcr 14, (984, the predecessors-in-interest to Doubietree and GP2 etitei+ed into that certain Parking Agreement datcad September Id, 1984 and recorded ss Instrument No. 84-382111 in Official Records of Orange Cou~rty {the "Qf1 icial Records"}, as amended by that curtain Release of Parking Agreement and Designation of Hutton 1 dated August 17, 2001, and recorded as Instrument No. 20014593943 of OflScial R.ecortis, as further amended by that certain Designation of Parking Spaces dated March 27, 2002, and recorded as Instrument No. 20020264658 of Officio! Records {as amended, the "Agrcexncat"). B. Concturent;y herewith, Daubletrec and GP2 have ctttcned into a Construction License (the "Co~truction License's which provides for, among other things, temporary licenses with respect to construction activities on the Graatofs property and Doubletrce's property. C. In consideration for Doubletree's agreement to enter into the Construction Lictnsc, the parties desire to clarify and modify the terms of their various parking agrcerrunts end grant additional parking rights a$ further set out be}ow. AGREEMEN?: NOW, THEREFORE, in consideration of the mutual promises, covenants and agr+ecmente herein contained, and for other good and vaiuabie consideration, the s+ereipt and sufficiency of which is hereby acknowledged, the parties herby dxlare as follows: TTLt97Ab'OC N3D6]-03N5-i6.06hrpphapp 75B-238 ~ ~tsrtwr~~r ta.~o pttte >~ sv PrIt~TAI~MERIC.~W ML&OOMMNYAdArf Ar<'+~CIR~fCX?A'r10l1ONtJ! [-EiAENaT BFd,tllmcAt~pr AS tYi tr! Bltl~ryprt OR Its TO rrs ttFFBCT !lPOH TH8 Trt18 ~ G ,L; 1. Deftned Terms. Defined terms in this Amendment which appear as defined terms in the Agreement shall have the meaning given to such terms in the Agreement except as otherwise provided herein. 2. Termination of T_e_mnorary Parking Agreement. Doubletree and GP2 hereby agree and acknowledge that curtain Agreement for Temporary Use of Parking Spaces dated April 27, 2405, is terminated and is of no further force or effect other than for any indemnity obligations arising from acts or events occurring prior to the date of termination. Relocation of "Permanent" Parkine Spaces. (a) Relocation ofTwenty-Five !25) Spaces from Hutton Centre 1 to Cinema Parcel. Notwithstanding the terms of the Agreement, Doubletree and GP2 hereby agree that the twenty-five {25} existing parking spaces granted to Doubletree on Hutton Centre 1 (as that term is defined in the Agreement} shall be relocated to the property more specifically described in Exhibit "A" and further depicted on Exhibit "$" both of which are attached hereto and made a part hereof (the "Cinema Parcel"). Accordingly, commencing as of the date hereof, Doubletree shall no longer have use of any parking spaces on Hutton Centre 1, and effective as of the date on which the parking facilities on the Cinema Parcel have been completed and applicable certificates of occupancy or use have been issued therefor, Doubletree, its employees, tenants, subtenants and their respective invitees (the "Doubletree Perrnittees") shall have the right to use no more than twenty-five (25} non-exclusive parking spaces an the Cinema Parcel. The grant of the twenty-five (25) non-exclusive parking spaces on the Cinema Parcel shall remain subject to all of the terms and conditions of the Agreement; provided, however, that such twenty-five (25} non-exclusive parking spaces shall not be subject to relocation, as previously provided in the Agreement. The grant of such twenty-five (25) non-exclusive parking spaces shall be subject to all reasonable, nondiscriminatory rules and regulations established for the use of the pazking areas located on the Cinema Parcel. Notwithstanding the foregoing, neither Doubletree nor any of the Doubletree Permittees shall be required to pay or be subject to any charge, fee or other imposition associated with the use of such spaces; provided, however, a validation or parking identification system (at no cast} may be instituted and operated without the consent of Doubletree. Such twenty-five (25} non-exclusive parking spaces shall be available to Doubletree's Petmittees twenty-four (24} hours a day, seven (7} days a week, subject to interruption of use for repair, improvements, alterations and casualty. GP2 represents and wan: ants that it is the owner of the Cinema Parcel, and has the rights to grant the right to use such twenty-five (25) non-exclusive parking spaces, as provided herein. (b) lvTo Effect on l-Tutto~Centre 4 Parking. Nothing set forth in this Amendment shall be deemed to have affected, and the Agreement shall be deetned to be unmodified with respect to Doubletree's parking rights with respect to twenty-five (25}parking spaces on Hutton Centre 4 as more particularly set forth in the Agreement. (c) Right to Install Parking Sign. Subject to Doubletree's compliance with the requirements of the City of Santa Ana therefor, and issuance of applicable permits, and subject to the granting of azchitectural approvals pursuant to the terms of the Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Cinema Tower Retail Center and the Mutual Benefit Agreement Between Owners of Mixed-Use Project (Cinema Towers Retail} Doubletree shall have the right to install, at GP2`s solo cost and expense, a sign at or near the entrance to the parking area on the Cinema Parcel advising that such parking area is available as ~,~,9~.~ woos-u3ars• t6~e.`mac 75B-239 ~~° .~ "Overflow Parking for the Doubletree Club Hotel", but subject to the terms and provisions set forth in this Amendment, The design and specification of such sign shall be similar to other parking signs within the development, and shall be subject to GP2's prior approval, which shat! not be unreasonably withheld. 4. Grant of Tem rare Parking Spaces, Commencing as of the date hereof, GP2 grants Doubletree at no cost or expense to Daubletree the temporary use of panting spaces, subject to the terms and conditions of the Temporary Parking Easement Agreement {the "DF Parking Agreement"), dated August 2b, 2005, between GP2 as Grantor and DF #k, LLC, a Delaware limited liability company ("DF"), the terms of which are incorporated herein by this reference. On or about concurrently herewith, GP2 and DF have entered into that certain First Amendment to Temporary Parking Easement Agreement (the "I)F' Parking Agreement Amendment") amending the terms of the DF Parking Agreement. Pursuant to the DF Parking Agreement, GP2 has granted to DF seventy-five (75) non-exclusive parking spaces on the GP2 Property (the "DF Spaces"). GP2 hereby grants to Daubletree non-exclusive easements (the "Temporary Easements") in, to and over GP2's property (the "GP2 i'roperty"} as described in zhe DF Parking Agreement, including the right of pedestrian and vehicular ingress and egress over the driveways and wakkways of the GP2 Property for the purpose of providing, subject to availability, twenty-five {25) non-exclusive parking spaces {the "Temporary Parking Spaces"} from the DF Spaces, for the vehicles of the Parking Users onl between the hours of 10:00 p.m. through 8:00 a.m., seven {7} days a weeks. The Temporary Easements and Temporary Parking Spaces shall commence on the date of this Agreement and shall terminate on (i}the date on which Doubletree's rights to the "permanent" parking spaces on the Cinema Parcel become effective pursuant to the terms of Paragraph 3 above, or (ii) March 7, 2007, whichever first occurs. 5. Rules. Doubletree agrees to comply with and to cause all Parking Users to comply with all reasonable, nondiscriminatory rules and regulations with respect to the use and operation of the parking lots an the GP2 Property, and the DF Parking Agreement. 6. Default; Remedies. In the event of any material breach of this Amendment, the non-defaulting party may exercise any right, power or remedy available to it under this Amendment or otherwise by law, either by suit in equity or by action at law, or both, ten (10) days after written notice to the other party of such breach; provided, however, that if such breach is capable of being cured and if the nature of such breach is such that more than ten (10) days are required to ewe such breach, such party shall not be deemed in default if it shall commence such cure within ten (k0) days and thereafter diligently pursues the same to completion and, provided, further, than in no event shall this Amendment or any of the easements be revocable or terminable due to a breach of this Amendment. Miscellaneous. {a) Confkict. In the event of a conflict or discrepancy between: the Agreement and this Amendment, the provisions of this Amendment shall control. {b} Successors Inte tion Restatement. (i) This Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. »pd9~ GNC1C Nfi003-039/5-16-86/myptmyp 75B-240 (ii) Except as expressly amended in this Amendment, GPZ and Doubletree acknowledge and agree that {a) nothing in this Amendment shall constitute or be construed in any manner as a waiver, discharge or termination of the Agreement or the parties' obligations under the Agreement and (b) each party's rights and benef is under the Agreement are hereby ratified and affirmed. (c) Countemarts. This Amendment may be executed in counterparts, including facsimile counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same agreement. (d} Authori .Each individual executing this Amendment on behalf of a party represents that he ar she is duly authorized to execute and deliver this Amendment on behalf of such party and that this Amendment is binding on said party. (e) Attorney's Fees. The provisions in the Agreement respecting payment of attorney's fees shall also apply to this Amendment. (f) Effectiveness of Agreement. The parties acknowledge that, concurrently with the execution of this Amendment, the parties intend to execute certain related documents and agreements. As a result of the foregoing, the effectiveness of this Amendment is expressly conditioned on the full execution and subsequent recordation ofthe Construction License and that certain Transfer of Rights to Parking Spaces of even date herewith between CrP2 and Doubletree {"Transfer Agreement"). IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date first set forth above. rwai.caroc X5063-O18f 5- l6-0MaW4~mVP 75B-241 ~ ~ Dated: ~a~_~, 20fl5 "DOUBI.ETREE" IHC INVESTMENT, INC., a Califamia corporation Name: ,f--~ a - t J•~ ~. t ~.~ !. Its: 11. P• By: _ Name: Its: Dated: %' 1 ~~, 2006 "GP2" ~^wa~ ob<ac N 600 3-0 3815.16 -06~mpp•'m pp THE GRAND PLAN 2, LLC, a Delaware limited Liability company ay: ~~%~~,,~ Name: Matthew B. Kaufman Its: Secretary 75B-242 ;a ~, STATE OF ~~ I l 7"t~-t. q } ss. COUNTY OF ~~~ _ ) On ~~_ , 20~, before me, ~+ a Notary Public in and for said state, personally appeared 4~ ' personalty known to me (or proved to me can the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and ack~towledged to me that he executed the same in his authorized capacity, and that by his signature an the instnunent, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seat. ~- _~+~___ - out~ raoo'~' ` Commlulon #~ 151 t 168 ~ +'` era o~~ ~ ~0r~0 ~ otary P is in and for said State ~ ~~ hiy Comm. Expbas Sap 3, 2008 (SEAL) STATE OF CA 1 ~ 1 Q ) ss. COUNTY OF ~ ) On 1~1~! `i . 20 Q.~, before me, '~ ~1 , a Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence} to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seat. ..._.r~ ' n1M1E N~ ~~i~Comrntscbn #~ 151 i l bb ,,,, }votary Pubic . CoYtomia '~ tart' liC in and for said S to Ora~ga CamN My Comm. Expires Sap 3, 2 (S 77 W 47.Od.~OC N G00 }.018/5.16-UdtmGP'~PP 75B-243 EXHIBIT "A" Legal Description of the Cinema Parcel Parcel l as described an Exhibit "A" and as shown and delineated on Exhibit "B" of Lot Line Adjustment No. 2003-06, recorded June 15, 2005 as Instrument Na. 2005000462196, Official Records of said County. EXl-ltB1T "A" -l- 75B-244 EXHIBIT "B" Cinema Parcel ~ MRURTIO~~g11Wd10 i ~~ i l ~ ~; `f y ' I ~ y I ~ ',.. ~O! {_, i ~~ M ` ~~ I -' Er . t w I I ~ ~ (l ~ i, ~' r.~r7-..r...r--r- I ~ Q' s no ' z ~~ ~ ~E rn t ' ~~ !! ~ ~:ll~ CINEt+~tA SITS .~ ~s • ~ ! ` l t~ ~ j I WA1yA. GtlPrp til~J , E ' i ~ ! i { ~ EXHl~1T "B" -1- 75B-245 ~~° ~..: REpORO1Nt# REOUJrbTlD DY rq~ hid~lCAN nne eorewwr tu~n~lcor~RanL aerrvlces cp.OdlEgpAtANptttri'Rlfl, bIV1StOH [KGtrm -f'J RECaRnrnk~ xFQv>? sTED HY, AND WREN RkX:ORDED MAIL TO, AND MAII. TAX STATEMENT Td: A!!cri Mat3cins Ixck C3nzablt Msllory ~& Notate LLP !9f?0 Main St:eet, Fif3h Flour Irvine, California 92614 Attention: R Michaai Jvyce, Esq. Raeerdstl M Ofiltlal Reearna, Orange Govnty ToMf Daly, Clsrrr-Rscordar klfl~u~ ~(I~pNll~ IIII~g1011~1111 1 g,Qp 2QOfi0Q033297Z 04:03pm 05117/D& zos ap atz e o.oo o.oo o.oo o.oa ~s.oo o.oo ono o.oa [AROY ..r+PA S FOR Rr'~RD -R'5 US ONLY) T~tANSFER OF RIGHTS TO PARKING SPACES - ~~nt~tyY~ This TRANSFER pF RIGHTS TC) PARKING SPACES ("Agreement") i$ axecutod this f6 day of a __ 2006 by and between THE GRAND PLAN 2, LLC, a Delaware limited liability y ("Gt'2"}, and IHC INVESTMENT, INC.. a California corporation ('Doubietree"}, with reference to the foilawing facts: ~E~ITBL~~ A. On or about March 3 L, 1987, Tobishima Deveioptiaent Co.. a Califomin ootporation, as grarrtar, and 'T'heatres Cizcuit, Inc., a Cakiforrria cASpor>ition, gra>otec, entered into that certain Parking Easesaent Agreement recorded on Tune 2, 19$7 as instrument No. 87- 362518 in the Ofkieiak Records (the "T]UlA P>irkr3ng Agreement"} the terms of which nre hereby incorporated herein by this refe~nence. Pursuant to the TIAA Parking Agreeement, Tobis~hima granted 5130 Parking spalcta within the parlcirtg structure (the "7'IAA Parking Structure") as more specifically described in the TTAA Yarkiug Agreement. Gi!'2 has sines succeeded to the interests of Theatres Circuit, Inc., as to said parking spaces. GP2 desires to trsnafa to Ilcrutitetrsu certain of said parloitg spsccs in the TIAA Paririrtg Structure, aubjtci to the terms hereof. B. Gkr2 is the owner of real property benefited by the TTAA Psridng Agreement as mare particularly daxc'rihed in F.sbib~t "A„A" attached hereto. C. Crk'2 has agreed to lrarisfrr to Doubletx'te certain flan-taccluaive pa>•king spaces granted to GPZ pursuant to the cernis of the TIM Parking Agrccaaent. NOW, THHKLFORL, in oonsidcration of the mutual promises, covenants and agr+eea¢ertts 2ierein contained, and far other good and vahralilt nonsidtration, the receipt rued sufficiency of which is hereby sclcriowlodged, the prittiesa hereby declare as follows: 1. Tt~efer f Ad 'tjonal~'eimancnt" Parkins ex. GP2 hereby trarusfers to L3oubletrrx for Uie bemefit of ire trnplaycesi, tenas-t9, suhtenanis and their respective ihviteas (the T1i14 IIiSTRiJM'tirirT' ritt.Fii IKirt rttiODrit] HY antsr,tt~ta~rtrc`.~w trrt.a ccrsr-.c~w r-s Atr 'rr~+oa~evoc tiOC.'~i7YfOW7~tOPl ONLY. tT NAS t~i/JT x+6001-[13t~S•3-osnay~.1 ~ Et2l1l EX/ILtErQt~i? AS TO rrS pC®Ct1770N OR Ati'11~ t7'S a~rct' urrMr 77trr 7'rrr.Q 75B-246 F f ~~'4n./ ~i .l, "Permittees'") the rights to twenty-five (25} non-exclusive parking spaces from the spaces granted to GP2 pursuant to the terms of the TIAA Parking Agreement. The transfer of the rights to such twenty-five (25) non-exclusive pazking spaces pursuant to the terms of the TIAA Parking Agreement is strictly on an "AS-IS" basis and is without warranty of any kind and shat} be subject to a!1 of the terms and conditions of the TIAA Parking Agreement. Any and alI rights to use the TIAA Parking Structure pursuant to this Agreement shall cease and terminate upon the termination of the TIAA Parking Agreement for any reason. Doubletree hereby agrees and acknowledges that it has evaluated the TIAA Parking Agreement and is satisfied with the terms and conditions thereof and with GP2"s authority to make the transfer hereunder and Doubletree hereby disclaims any warranties and representations with regard thereto. Notwithstanding the foregoing, neither Doubletree nor any Permittee shall be required to pay or be subject to any charge, fee or other imposition associated with the use of such spaces; provided, however, a validation or pazking identification system (at no cost} may be instituted and operated without the consent of Doubletree. Further, in no event steal} Doubletree be subject to, and GP2 shalt hold Doubletree free and harmless from and against, any operating expenses which may be charged or levied pursuant to the TIAA Parking Agreement. 2. Constructive Notice o Transfer. This Agreement shall be recorded in the Official Records of the Orange County, California, to pmvide constructive notice of the transfer of the rights to the twenty-five (25}non-exclusive parking spaces described herein. 3. Rules. Doubletree ogees to comply with and to cause all Permittees to comply with all reasonable, non-discrinunatory rules and regulations with respect to the use and operation of the TIAA Parking Structure including, without limitation, the terms and restrictions contained in the TIAA Parking Agreement. 4. Miscellaneous. (a) Successors; Inte tion and Restatement. This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. (b) ante arts. This Agreement may be executed in counterparts, including facsimile counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same Agreement. (c) nth ri Fach individual executing this Agreement on behalf of a party represents that he or she is duly authorized to execute and deliver this Agreement on behalf of such party and that this Agreement is binding on said party. (d} Attorney's Fees. The provisions in the TIAA Parking Agreement respecting payment of attorney's fees shall also apply to this Agreement. jSIGNATURES ONFOLLOu'ING PAGE) 17b4P6.Of~(}C Nd]43-Q3SIL 3-06tn,3~iQs1 75B-247 ~.- ~, IN WITNESS WHEREOFt the undersigned have executed this Agreement as of the date first set forth above. Dated: ~ ! -~ , 2006 "DOUBLETREE" ,THC INVESTMENT, INC., a California corporation By. ,. Name: d ~ n ~~ r-- Its: By'~ - Name: Its: Dated: ~~~, 200b "GP2" ~~~xo.a ucx' NG003-II36ii3.06~rm j/pet THE GRAND PLAN 2. LLC, a Delaware limited liability company By: i~~~~'~~~ Name: Matthew B. Kaufman Its: Secretary 75B-248 STATE OF C~ ~ ( ~~' q _ } SS. COUNTY OF ~Y } On C~ ~ fP , 20~, before me, ~ ~ t~ _. , a Notary Publi~ far said state, personally appeared o - •~, C eft , personally known to me (ar proved to me on the basis of satisfactary ev~g~,ce} to be the parson whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and afftcial seal. NitX7f • Commistbn ~ 131 t 1 G8~ .~ Notary mac - cautomra ~ N ~Y pub ~e iri and for said State ~ ' µ , ; Orange Caxfty My Comm. Expires Sap S, 2008 (SEAL) STATE OE {;Q ~i~ i q ) } 5S. C.ouNTY o~ ~t ax~.~.er ~ On _ ~, 241 ,before me, ~~~{1-t11 , a Notary Public to and for said state, p~ ersonally appeared ttlat`~ri~u~ • ~.a,~ ~>~ , personally known to me {or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WETNESS my hand and official seal. t wi~ov ublic in and fox said Gommkrk~n 11511 i bJ! ~' ~ -w Notary PuWk - CaYfomia Otarzgi Co~miy (SEAL) ~ My Comm,Expirrj5ep3.2U06~ n~aoc ^rx~c No003.038/S-3-Ob~rmypa( 75B-249 ~r 1~XHIBIT "A" Le2aI Description of the Cinema Parcel Pazcel 1 as described on Exhibit "A" and as shown and delineated on Exhibit "B" of Lot Line Adjustment No. 2003-06, recorded .tune 45, 2Q05 as Instrument No. 2(}0500046219b, Official Records of said County. EXHiBtT "A" -1- 75B-250 EXHIBIT "B" 75B-251 WALKER Mark Pfeifer May 1, 2009 ~ARx~NG cat~~su~tar~t~ Page 2 FEHR AND PEERS' ASSUMPTIONS Fehr and Peers base their conclusions on two specific assumptions in their analysis regarding the use of the hotel that Walker finds may understate the adequacy of the future parking supply. Their report and conclusion are based on the assumption that the spaces allocated to the Doubletree Club Hotel will be available to the Marriott Hotel when the parking demand at the Marriott hotel is highest. Fehr and Peers also assume that parking demand at the Marriott hotel will be unaffected by the proposed 3,000 square foot meeting space. MEETING SPACE Typically in a parking analysis, parking demand for meeting and banquet space is not considered when there is less than 20 square feet of meeting space per hotel room. The basis for this assumption is from earlier studies prepared by Barton-Aschman that showed little effect on the overall parking demand at such hotels with a small amount of conference space relative to the number of rooms available. In addition, it has long been thought that demand for meeting space in hotels with only small conference space would come from room guests of the hotel, thereby reducing any need for additional parking. This is not true of every hotel, however. Discussion with staff at the Doubletree Club Hotel, which is similar in size and services to that of the proposed Marriott hotel indicate a clear need for available parking during the daytime as a direct result of meetings held at the hotel. As the proposed hotel will be similar in size, it is likely that the proposed Marriott hotel will also offer these services, so parking demand from these meetings must be considered. The Marriott web site (http://www.marriott.com/meetings/meeting-planning.mi) offers meeting space without requiring a room reservation. PARKING SUPPLY As part of its agreement with Nexus, Doubletree Club Hotel actively uses the 25 available spaces as needed. The Fehr and Peers shared parking study states: "Historically, the demand for these spaces has occurred during the evening dinner hour, late night, or weekend afternoons." Staff at the Doubletree Club Hotel state that their "meeting space is frequently used by functions where less than 5% of the total attendees are room guests of the hotel." Doubletree also finds that despite signage restricting use of these 25 spaces, visitors and workers at a nearby office frequently park here, limiting their available parking supply. These spaces are separated from other spaces in the lot by a low fence; there is no other control limiting access to them. 75B-252 Mark Pfeifer WALKER May 1, 2009 ~~a~t~~r~c; ~~JTasulT~r~.ii~ Page 3 Further discussion about the types of daytime functions revealed that the Doubletree Club Hotel regularly hosts independent functions and meetings for local businesses, luncheons, health fairs, job fairs and other social events. The Doubletree Club Hotel also hosts regular monthly dinners for business associations and is booked for weekend functions. As the Doubletree Club Hotel sees a clear need for the availability of these additional 25 spaces both during the evening and the daytime, these parking spaces should not have been included in the parking supply. Without the 25 spaces in question, the proposed Marriott will have a supply of only 158 parking stalls during the daytime on weekdays and 658 stalls on evenings, nights and weekends. As the hotels will be similar in size and service, it is reasonable to assume that they will also directly compete for the services mentioned above, likely increasing the demand for parking at the Marriott hotel. SHARED PARKING ANALYSIS Since the early days of automobile use, one of the fundamental principles of site planning has been to share parking resources rather than have each land-use provide its own spaces for parking. With the advent of large mixed-use commercial and "life style" centers, this principle has been utilized in this type of development to use land more efficiently and be able to provide higher land uses than automobile storage. Shared parking is possible when parking spaces can be used to serve two or more individual land uses without conflict or encroachment. Allowing multiple entities to share parking spaces has led to the creation of many popular developments and districts, resulting in the addition of office, residential, retail, and entertainment districts that rely heavily on shared parking for economic viability. Mixed-use projects have also profited from the shared parking principle, which offers multiple benefits to a community, not the least of which is the environmental impact of significantly reducing the amount of parking required to serve commercial developments as well as the ability to create a more desirable mix of uses at one location. 75B-253 Mark Pfeifer WALKER May 1, 2009 PA~tK~NG CtiRhaSv'CfAf`+~~~ Page 4 METHODOLOGY The flow chart below describes the logical progression of a shared parking analysis. Figure 1 : Shared Parking Methodology Standard Parking. Adjust for Captive Ratios (Site Specific Rados) x Generation Ratios and Mode SpEit =Site- {Area of Each Use) = {SpacesMt)(l0 sf Gt_A of Speafic Ratio Design Partcing Demand, . Each Use) far Each Use Separate into Visitor and Employee Components ~ Determine Design Adjust for Month, Day of Calculate Accumulation of Daysffimes/ Week and Time of Day Parked Cars on Typical Months for Employees Days. in Each Month and Visitors Compare to Parking Recommended Parking Availability on Site and in Plan Area Source: Adapted from Transportation Planning Handbook, ITE, 1999 The ability to share parking spaces is the result of two conditions: • Variations in the accumulation of vehicles by hour, day or season, at the individual land uses. • Relationships among the land uses that result in patrons visiting multiple land uses on the same automobile trip. For example, shared parking assumes some percentage of patrons at one business (restaurant) may be employees of another business (office) located in the same development. This is referred to as the "effects of a captive market," as some of the restaurant's patrons are already parking at the site to work; therefore, contribute only once to the number of peak hour porkers utilizing the development's parking supply. In other words, with shared parking, the parking demand ratio for individual land uses can be factored downward in proportion to the captive market support of the neighboring land uses. 75B-254 WALKER Mark Pfeifer Ma 1, 2009 ~,~r~k::ra~ ~_~t~wit,~r~ts ~ Page 5 Although the interplay of land uses can reduce overall parking demand, it should be noted that there are limits imposed by the proximity of land uses to each other and to the supply of parking spaces. While "shared parking" by definition capitalizes on different demand periods for a combination of land uses, it is illogical to assume that a hotel (with peak evening demand) can share with an office building (with peak daytime demand), if the two entities are located too far apart. In addition, human behavior, such as limits to the distance users will walk from a parking facility to their final destination, also restricts shared parking opportunities. The Walker shared parking model used in this analysis is based on the Urban Land Institute and International Council of Shopping Center's Shared Parking' publication that Fehr and Peers used in their earlier analysis. Walker led a team of consultants in writing the updated Shared Parking, Second Edition published in 2005, which is acknowledged as the most up-to~ate parking demand model. The model is designed to project the parking needs of a mixed-use development from 6:00 a.m. to 12:00 midnight on a typical weekday and on Saturday for every month of the year. PARKING DEMAND RATES In their analysis, Fehr and Peers used the parking ratios recommended by ULI in the 2005 shared parking report in every particular, except the driving ratio. They assumed that 80% of the employees at the proposed Marriott Hotel will drive. The Walker analysis also uses the recommended ratios, with the exception of that used for Conference and Banquet space. In our analyses, absent more specific information, Walker assumes that 60% of visitors to conference space are not guests at the hotel on a weekday, and that 70% are not guests on a weekend. Absent more specific information, Walker also assumes that 75% of the visitors from outside the hotel will be driving (or conversely that 25% will not drive). The results of the parking demand analysis, using these shared parking model assumptions are shown below in Table 1 and Table 2. Table 1: Proposed Marriott Hotel Weekday Peak Parking Demand Demand Weekday Month Adj Pk Hr Adj Non Captive Drive Ratio Jun Quantity Base Rate Units Jun 9:00 PM Evening Evening 9:00 PM Hotel-Business 185 1.00 /room 100% 85% 100% 100% 157 Em to ee 185 0.25 /room 100% 20% 100% 80% 8 Su tots Customer Guest Spaces 198 Subtotal Employee Spaces 8 Total Parking Spaces 206 Sou-ce: Walker P~rk,ng Consultants Sh~~red Pc,rk~ng Model Shared Parking, Second Edition, 2005, The Urban Land Institute, Washington, D.C. 75B-255 WALKER Mark Pfeifer May l , 2009 ?ARKiNG !=:~N$iJlfA[?i Page 6 Table 2: Proposed Marriott Hotel Weekend Peak Parking Demand Demand Weekday Month Adj Pk Hr Adj Non Captive Drive Ratio Jun Quantity Base Rate Units Jun 9:00 PM Evening Evening 9:00 PM Hotel-Business 185 1.00 /room 100% 85% 100% 100% 142 Em to ee 185 0.25 /room 100% 55% 100% 80% 15 Su tots Customer Guest Spaces 189 Subtotal Em to ee S aces 15 Total Par ing Spaces 204 Source: Walker Parking Consultants Shared Parking Model The weekday parking deficit is depicted in red the following chart. Figure 2: Marriott Hotel Parking Demand -Weekday Hours 250 200 150 3 N m c 100 a 50 Hour Parking Supply Source. Walker Parking Consultants 75B-256 P~ P~ P~ P~ P~ Q~ Q~ Q~ Q~ Q~ Q~ '1 R> ~ ,~O ,~'~ ~ti '~ 'L 3 R h WaL.KER Mark Pfeifer May 1, 2009 S~,4RK rJG C~::~PSUCfA!~lT~ Page 7 As Table 1 shows, parking demand will be highest on a typical weekday evening, assuming that the Marriott hotel uses their meeting space in a manner similar to the Doubletree Club Hotel. The peak parking demand will be easily met by the total available parking supply of 658 stalls. Projected daytime parking demand, shown in Figure 2, will result in a deficit of 39 spaces at 5:00 PM, and a deficit is projected to occur throughout the design day. This design day demand necessarily assumes that both hotels will be hosting a meeting simultaneously. With those spaces allocated to the Doubletree Club Hotel removed from the parking supply available to the Marriott, and with the assumption that the Marriott will mark its meeting space in a similar manner, building the Doubletree Club Hotel as proposed would likely result in a chronic parking shortage for both the Doubletree Club Hotel and at the Marriott. TANDEM PARKING Tandem parking sometimes is used to increase the efficiency of a parking facility. While this technique can improve the capacity of a parking area, tandem parking presents operational issues if deployed inappropriately. In order to fully utilize a parking area with tandem parking, it is necessary to use valets or lot attendants in the facility or it will be impossible for those who use the first tandem parking stall to retrieve their vehicle later, when others have used stalls behind them. When the tandem spaces are more than a small fraction of the available parking, the more conventional spaces have a tendency to fill earlier. Some drivers, for reasons of their own, are reluctant to use valet parking when other convenient parking is readily available. Only when valet parking is the only available option (where guests are not allowed to park their own vehicles) can the parking area be filled in the most efficient manner. In the case of the existing parking lot adjacent to the proposed Marriott hotel, where 43% of the parking spaces are tandem, it will be natural for many drivers to park their own vehicles, suggesting that some drivers will tend to fill available non-tandem parking spaces first. Without active management of the entire parking area, and clear enforcement of reserved spaces, the 25 spaces that should be available to the Doubletree Club Hotel may often be occupied by guests of the Marriott hotel. Even with signs to reserve parking spaces for the exclusive use of the Doubletree Club Hotel, guests to both hotels may be confused by the need to park in a lot adjacent to one hotel with signs reserving space for another nearby hotel. 75B-257 WALKER Mark Pfeifer May 1, 2009 PARKS~~ CcJt~1SULTAPJ~S Page 8 CONCLUSION In conclusion, construction of the Marriott hotel as proposed will present challenges to both the Marriott hotel and Doubletree Club Hotels by increasing the demand on the limited parking available to them. If built as proposed, a shortage of available parking spaces is projected throughout the design day, with a peak deficit of 39 spaces expected to occur in the early evening before the adjacent parking structure parking spaces becomes available. Without an active, aggressive parking management strategy, there will likely be a reduction in available parking to the Doubletree Club Hotel as guests to the Marriott hotel use reserved spaces either through confusion or disinterest on the part of guests of either hotel. We look forward to discussing this letter and conclusions herein with you at your earliest convenience. Respectfully submitted, WALKER PARKING CONSULTANTS i ;~~~ ~~ Rex Young Transportation Engineer R EY: rey Enclosure: MacArthur Place, Santa Ana, CA -Cinema Block -Shared Parking Analysis, Fehr and Peers, 2009. 75B-258 FFHR ~c I~FFRS TRARGPONIAT IOM fOM~IL TANTG March 30, 2009 Mr. Rob Eres Nexus Development Corporation 1 MacArthur Place, Suite 300 Santa Ana, California 92707 COPY SubJect: MacArthur PJace, Santa Ana, CA - CJnems Block -Shared Park/ng Analys/s Dear Mr. Eres: This report has been prepared to provide information on shared parking for the "Cinema Biock" portion of the MacArthur Place mixed-use development at the MacArthur Boulevard and SR-55 freeway interchange. It is our understanding that the entitlements for the Cinema Blodc are proposed to be modified with a change in land use. BACKGROUND Under the previous entitlement, the Cinema Block contained a mixture of residential, retail, office and restaurant space. The project site would have been served by 449 parking spaces plus nighttime and weekend access to an adjacent 500-space parking structure. The 2005 shared parking study, prepared by Kaku Associates, found that the project would have adequate parking with the use of the adjacent parking garage, and the City approved a parking variance for the project based on the shared parking analysis. PROPOSED PROJECT The new site plan for the Cinema Block proposes a 185-room Marriott Courtyard Hotel, served by a 133-space surface parking lot. The project also includes a small amount of meeting room space (3,000 square feet} and a small convenience retail area. These components will be considered ancillary uses that do not generate trips (and therefore parking demand) beyond the hotel guests. In addition to the 133 spaces adjacent to the hotel, hotel guests and employees will have access to 50 of the 500 garage spaces during the daytime on weekdays. On weekday evenings and on weekends, specifically on weekdays from 5:00 PM to 7:00 AM and from 5:00 PM on Friday to 7:00 AM on Monday, guests and employees will have access to all 500 spaces in the adjacent parking structure. Figure 1 illustrates the site plan. CITY OF SANTA ANA CODE REQUIREMENTS According to the Santa Ana Municipal Code, Article XV, Section 41-1344 for Hotels and Motels the following parking rates apply: (a) One (1) space for each guest room, plus one (1) space for each ten (10) rooms, plus two (2) spaces for a manager's unit, if provided. (b) Except for facilities limited to the exclusive use of guests, parking shall be provided for restaurants, banquet facilities and other retail services or recreational uses inGuded in a hotel or motel building or grounds in accordance with the requirements provided in Article XV. 201 Santa Monica Boulevard, Suite 500 Santa Monica, CA 90401(310) 458-9916 Fax (310) 394-7663 ~~~ ~~~ ~m~ ' .~ Ra ~ a ~ ~ ~ T ~ t ~ I~j. ~ i W ~• r [ ~ j ~ i~~ , l Q ~ ' j r ~ i ~ nE ~c~ ! i~ ~~! ~y 1~1 ' ~ ~~ ~ t ~tltl~~ ~~~ It~t ~ rr~i~~! t~IrrR ~r[ ttrr~~. ~~~1lrl'~~U r~~1.i~tNlit.~r~.~1 y .. ..~ ee®s®®e ®®mosameemsso,orotsm~~.• DID MacA~thur Place-Cinema Bock Shared Parlafng MetysJs March 30. 2009 ,. tY...-di - ~,r, i,~ k~. Y ~' Table 1 indicates that the proposed hotel use would be short 21 parking spaces during weekdays, according to City code requirements. However, on weekday evenings and weekends, there would be more than enough parking available, 429 surplus spaces, to serve the proposed use. TABLE 1 SUMMARY OF PARKING IREQUIREMENTS AND PROPOSED SUPPLY MACARTHUR PLACE -CINEMA BLOCK I LAND USE I SIZE [aj I PARKING RATIO [D] I oeo~nur_ coerce I Hotel 185 Rooms 1 space per 1 Guest Room 185 1 space per 10 Guest Rooms 19 Total Spaces Required 204 Total Spaces Provided (cj 1>!3 Total Spaces Provided [dj 633 Surplus (Shortage) Weekday (21) Surplus (Shortage) Weekday Nights /Weekend 429 Notes a. Source: Project Site Plan dated February 18. 2009 b. Source: City of Santa Ana Municipal Code, Section 41, Article XV (41-1344 and 41-1359) c. Weekday parking: 133 perking spaces are provided on site with an additiona150 parking spaces in the parking structure. d. Weekday nights/weekend parking: 133 parking spaces are provided on site with the projects' right to utilize the adjacent parking structure with 500 parking spaces from 5 PM until 7 AAq on weekdays and from 5 PM Friday until 7 AM Monday for weekend use. SHARED PARKING ANALYSIS The City of Santa Ana recognizes that it is possible to reduce the required parking provisions with the use of shared parking for mukiple land uses on one parcel. Shared parking is the use of a parking space by vehicles generated by two or more individual land uses without conflict or encroachment. The ability to share parking spaces is the result of two conditions: Variations in the accumulation of vehicles by hour, by day or by season of the individual land uses • Relatbnships among the land uses that result in visiting multiple land uses on the same auto trip As a part of the shared parking inputs and assumptions, it was assumed that 20 percent of the hotel employees would use transit. Also, no internal capture was taken into account in the analysis. Parkiny_Demar~d Rates The Urban Land Institute (ULI) provides parking ratios for various land uses, such as hotels. A ratio of 1.25 spaces per room (for overnight guests and employees) is used for business hotels on weekdays, and a lower ratio of 1.18 spaces/per room is recommended for business hotels on the weekends. As with any land use, there are monthly variations in the activity patterns. The ULI Shared Parking analysis indicates that June is the busiest erne of the year for the hotel fend use; therefore, the parking analysis was conducted for the month of June to provide a worst FEHR ~t PEERS TRANSYORTAIION CONSUITANiS 75B-261 MacArthur Place-Cinema Block- Sirsrt~d Psrk~p Malysls March 30, 2009 Shared Parkfrtsl Results i~ n '~~'i yr; I'i R~' ~?. #~. Table 2 shows that the peak parking demand (for the peak monk - June) for the Cinema Bock with the Marriott Hotel would be 182 spaces on a weekday morning. During weekday mornings and afternoons, there would be a total of 183 spaces available, which would include the surface parking (133 spaces) and additional weekday parking located in the adjacent parking structure (50 spaces), yielding a peak occupancy of 99.5%. Figure 2 illustrates the parking demand for the busiest hour of the weekday daytime hours for each month of the year. During the evening on a weekday, the demand would be 189 spaces, and the weekend peak parking demand would be 177 spaces during the daytime and 197 spaces during the evening. It is during these time periods that not only the surtace parking lot would be available, but also the entire adjacent parking structure, for a total supply of 633 parking spaces. Figure 3 illustrates the parking demand for the busiest hour during the weekday evening in comparison to the parking supply available during that specific time of the day. Figure 4 provides the parking demand for the busiest hour for the weekend for each month of the year. It should be emphasized that the busiest hour of the day for the time periods shown in Figures 2 through 4 generally represent only one or two hours of the day. The remaining hours experience less than the peak demand, oftentimes by a substantial margin. Figure 5 shows the hourly parking demand .across the entire day for both weekend and weekday conditions. The typical weekday parking demand (during the busiest month of the year) falls between 140 and 150 spaces even though the absolute peak weekday daytime parking demand occurs at 8:00 AM with a parking demand of i 82 spaces. The hotel parking demand decreases after guests leave their rooms between 8:00 and 9:00 AM. Table 3 summarizes the shared parking demand fa the Cinema Bbck with the proposed Marriott Hotel during the peak month of June. Adequate parking is available to serve the parking demand of the hotel during both the weekday and weekend peak periods, even during the busiest month of the year. Table 3 Shand Parking fknafysls Summary Parking Supply vs. Peak Month Parking Demand Clnems Bbck Weekday Weekend Daytime Nighttime Daytime Nighttime Supply 183 633 633 633 Marrbtt Demand 182 189 177 197 Courtyard Hotel 96 Occupied 99.59'0 29.9% 28.096 31.1 °~6 Available Spaces 1 444 456 436 FEHR ~ PEERS TRANSPORTATION CONSULTANTS 75B-262 Table 2 PEAK MONTH PARKING DEMAND USING ULI RATE .IOM Estkeeled Psek~Ftour Parkkg 8 AM 7 AM 8 AM 9 AM 1 D AM 11 AM 12 PM 1 PM 2 PM 3 PM IPM 5 PM 8 PM 7 PM ! PM 9 PM 10 PM 11 PM 12 AN Hole, ness __~__.__._ t00X - 178 186 118 130 111 111 102 102 111 117 120 130 139 ~~ _ 139 ~ 148 __. 157 _176 165 165 Em a __ _ _ 'i00X 2 ti _ 34 3a _ ~ 36 _ 98 3B 38 _ 38 _ 36 34 - 28 ~ 15 8 6 B 8 4 2 Oetorrler '~ 778 168 149 130 111 111 102 102 771 111 120 130 139 139 ~ _ 148 157 176 185_ 165 _ TOTAL DEMAND E ~2 ~11 3! 3•{ 38 38 38 _ ^38 38 39 34 28 ~i5 'e 8 - '- B - ^ _ 0 .- 4 2 Reserved '--- - -- - - 178 177 192 184 148 148 140 140 148 149 150 158 154 147 158 185 184 199 187 w ww aeu more omen rnoarrsa nom aaowc reuea. ~ Pootnote(s)• 8 AM 7 AM 8 AM B AM 10 AM t i AM t2 PM 1 PM 2 PM 3 PM 4 PM S PM 8 PM 7 PM 8 PM 9 PM 10 PM 11 PM 72 AM Hok3 s 100% 178 187 118 130 111 111 102 102 111 111 120 13D 139 139 148 157 178 195 165 E 6e 100% 1 6 24 24 28 28 28 ZB 28 28 21 20 18 16 16 15 /2 12 6 Customer 176 167 148 t30 111 111 102 102 111 /tt 120 130 139 139 148 _ 157 176 165 i6S', TOTAL DEMAND 1 6 24 24 28 28 28 28 28 28 24 20 18 16 15 15 12 12 '-- 8 Reserved 177 175 172 151 197 137 128 126 137 137 144 160 155 154 163 172 188 187 193 UU aM Aew ~esn modMkd from defeuM 75B-263 c~ v Y !3i ~0 a v Q Y W W 3 oc 0 m D Q W O ~_ .-. }_ Z W a W Z N W i i 1 i I i `, N I .. `~ i T i n 3 c a i ~ i m E ~o o ~°"s ~a~ ~a~, ~a`, ~a~ O'2 ~b << ~b ~'b ~b~ ~b S 0~0 S ~ N O S S ~ N ~ N r r r r r - $p~S B~PN~d 75B-264 I ~I !YI i ~I 3~ OC O ~ ~ m Z Z W ~ W W ~ 0 zZ ~o odc ~ ~~ J W ~ G YY d W "3 W ~ N9 W i i i I ~ ~ I J ~ T- I I I i ~I I~ i ~ ~I ~ I i N ~1 ~ ~ ~ I ~ j ~ I i I ~ ~I i ~ i ~ ~ ~ j ~ ~ ~ it ~ ~ i ~ >, ~ ' I i I rn ~ ~ ' l i t g' ~ m • E w ~ ~ ! ~b c'~ ~a~ ~°'o ~a~ 7 ~a~ ~` ~a~ ~'b~ 0 0 0 $ $ ~ °o 0 r°~ ~ ion v c*~ - s~~ BupNed 75B-265 ~~. m, ~i ~m 13 ~~ t9 ; z° Y W W 3 oc m W D Z a s Y~ Q W a W 7 '~ W Q 1 i ~ ~ 'i I I II I' i ~ ~ ~ I ~ ~ i i I I I I ~ ~ i I ~ I I j I i I ~I j ~~ ~ i I ' I ~ ~ i ~I I ~ y I '~i '~ ~ c~ ~ ! I t0 I I I I'i i _ ~ c'n I ' ~ , '' i ' a ~ ~ i c Y I 3 ~ ~ g ~ ~ g sllsiS 6ul~ed ~6,~~ ~°'~ ~aa ~a~, ~a~ `L°~~ ~~,~ ~aS ~°'a ~ ~~, ~ ~1a~, ~a~ ~a~, ~d ~'6 o~ ~'b~ ~'6 ~b o `9 75B-266 >. a ' ro c ~ Y' ~~ 0 ~! ZO a W Z oYc a a J O H Y~ a W W Q LL o ~ g g ~ ~ g o N ~ .- ~ T ,- CO cD N SIDS ~~I~~d ~b d~ ~d~ t ~°'o ~a~, ~°,~ ~a~ ~~9 ~°"s ~~,~ ~ a~, ~a~, ~a~ ~a~, ~6 t~ X6,0! ~b 6' ~b ~b X6,9 0 75B-267 . ~ ~ - <~' MaGlrthur Place-Cinema Block- Shared Parking Analysis April 8, 2009 `` . • , ~; ,' Off-site Parklns~ Currently the parking supply for the project area is also utilized by the Doubletree Hotel across the street form the site. The Doubletree utilizes a maximum of 25 spaces on the site and these spaces are used as overflow spaces, primarily for events. Historically, the demand for these spaces has occurred during the evening dinner hour, late night, or weekend afternoons. The Doubletree parking demand occurs during the hours when the office parking demand is minimal, and there has not been a parking capacity problem as a result of this Doubietree demand. The results of the Shared Parking demand included in this report are not expected to change as a result of the parking demand generated by the Doubletree Hotel usage patterns. CONCLUSION The project would be able to support its parking demand with surface at grade parking with 133 parking spaces plus an additional 50 parking spaces in the adjacent parking structure assigned to the project, for a total of 183 parking spaces during the weekday period. During the weekday evening and weekend period, the hotel would be able to utilize all the parking spaces in the parking structure (500 spaces) after 5:00 PM on the weekdays and anytime on the weekends in addition to the 133 surface parking spaces, for a total of 633 available parking spaces. It is our contusion that the existing parking variance should be considered valid. With the change in the land use to hotel, there is adequate parking supply to meet the projected demand of the l~J~- We trust that this information will be assistance to you and the City of Santa Ana staff. Sincerely, F R 8 PEERS Pa rids A. Gibson .E., PTOE Principal SM09-2346 FEHR ~t PEERS TRANSPORTATION CONSULTANTS Heather Keresztes Senior Transportation Engineer _ ,." . ry Y~ A a 75B-268 ~~ ~f, EXHIBIT "C" 75B-269 N O .--. oA c~ a C O O. y cC 'C a~ ~P O C w ~~ L N r-+ N ~ ~ cO ~_ G Q N c~i ..~ +-• _ ~ ~ ~a~ i N W °' Z p AO `/ ~i ~~ ~-. ~~//~~ C y V~ L N W ~ ~ ~ U~ a~ ~n Qy r~ 7 ~ ~ C Q U d C O Vl d O Z c f° ~ ~ N c - a i a °~ - z 3 .~ c° ~ °- v ~ 0 c u0i ~ c ca o c E o o m a~ ,~ . ~ m ~ o ~' 0 3 ' C~ _ C N c N L Vi : 3~ ~ ~ ~ 3 3 0 3 a~ ~ L - ~ . ~ N O ~ .Q Y ~ ~ G) I 7 ~ L ° .'C. f0 Y C C a E r° ~ o~ 3 0 ~ ~ w ~ m .o a~ ~ ~~ ~ O . -co ° "~ a 0 o 3 ~~ ~ O •- ~ ~ ~ V ~ ~ ~ N m ~ '- .~ ca 'a o ~ - ~.- c ~ .., ~ ~ c N ~ ~ ~ O O ° N~ a ,~ m U° O " v > i ~ ° L > (0 m 'i ° „ ~ 3 3 N v O > .-; p N ~ v~ ~ U O ~ Ul N ~ C .~ ~ ~ ~ ~ ~ ~ ° rn _ ~ _ - rn~ ~ ~ 0 3 ~ C O - ° c - .~. T ~ c ~ T .Y ~ c o T O O 3 -°a c ~ ~ ~ `~ m ~ ~ ~ 3 o ~ ~ v, s c Q co-a ~ - ~ " ~ to ~ ° f0 'O -o ~ ~ fn T U N T ~ ~ N ~ C ~ ~ CO n~ N n f4 N c O . -. Y ~ ul m ~ N C 0 0 ~ ~ ~ o as rn o o o~«- ~ ~ o ° ° Y + ~ o Y o o rn ~ o y-- na ~ ~ N ~ N ~ O` o ~ ~ N . ~ o N ~ ` ~ ~ ~ ~ r L (~ ~ ~ Q (d O ~ oD C a0 N I6 o~p ~ '~ 7 ~ Y Q ~, ~ a- ~ a~ n 3 o c o p ~ -Y f0 t v- f9 ~ : T " f0 ~ O i N ,~ C° >, ~~ E C O ' N O a ~~ ~ .~ w O N O n N D W ~ . C ~ N . O ~ ° c ° rn ~ ~ ~ `~ °O 3 ~ 0D ~ ~ i ^u m YO ~ Q ,O ~ ,C o _ ° ~ C - c m i c a C ~ ~ ..L.. m L 3 ~ 'D ~ c rn Y C ° f6 o m _ C `~ ~ ~ o N ~ ~ N C d ~ E O °~~~ f0 O O N Y O O L - ~ Q . Y N O O . ... O `' ~ fQ ~ ~ y G ~ > N O ~ N N~ ~ n '' ~ O C 00 .... f0 N ` a- N O N ~ X > -p fA ~ N to O 'a U N N N 3 O- N ~ N C O) d ~ ~ N ~ (0 O ~ ~ ~ ! dO ~ ~ ~ ~ ~ .~„ ~ V C w N ~ C N '. ~ '. N ~ T C~ ~ ~+ ' ~ ~ ~, N ~ T 00 ° 'L ~ ~ ~ ~ ~ C ~ '.C > fD Q Y ~; o ~ Q ~ cn ~ a co o % 3 o a~ c o o ~ ~ o ~ v to L ~ ~ ~ ~ ~ c ~ N .L.. ~ ~ .c ~ ~ ~ 'n N - ~ Y v pp f0 ~ r p c ~ N - ~ ~ ~ N T O ~ o U~ ~ y n o~ ~~ Y ~, ~~ c ai ~~ Y o c c 3 ° c o ~~ ~ _. n. n O ~ 3 0 ~ 0 0 O E ~ tD ~ ~ ~ ` ° .O ~ > p ~ O ~ L L ~ Q m o ~ ~ ~ o ~ ~ ~ ~ O V) f- ~ ~ Q L F- ~ ~ t ' C F- ~ ~ L 1} H = > N ._ ~N+~ , D C y ii Y y a~ C ay,, N O ~ O m ~ C C m - . C O ~q .~ C~ C C C U , C C fU Y C d ~ >, d n ~ d ~. .~ y ~ d w O N ~ "~ L ~ N 'N N m Y ~ ~ ~ ~ y . ~ '~ ~ ~ ~ y ~ V ~ ~ ~ ~ V j ~ V ~ V C O ~ (~ O pUj }i _ ~7 ~ O ~ O ~ . O) ~ c0 to O a+ ~ ° _ d ~ ~ O ~ ~ N ~ 2' ` ` ` ~ N ~ A ~ ~ ° N ~ m > N L O O 3 F-- a ~ ~ ~ O~ >. o > O N ~ > ~ ~ O a ~ ~ o > C N p O ~ 3 Y (~ > cn m in . U 75B-270 O~ O O N N 4-r O N ~ cd~ H d p ~ m a o ~ a. Z c ~ ~ o N d ro p C `p Y Y -O '.' E~ ~ 0 ~ L w ro ro N ~ ~ Q ~ ~ ro C C - ~ ~ ro ~ C QI w ~ ~ _O N 47 ~ C 6 D) m ro ~ ~ o~ .S o '. ~ C C ~ U ro m o. c °' ~ L ro > ~~ a o ° d o `~ . ~~ .` a i . c c ~ rn Y ~ ~ ~ ~ m _ . W Y '~ C L o m 3 N U ~ u cn . - ro ~ 'a °~ 3 a V ~ C ro = N T ar N~ ^ C U ro>> ro N C ro w N .C LL ro ~ ~ ~ O L ~ ~ ~ ~ '1••I o c~ a~ ~° a ~' E o n ro .o y a m ai o a S L µµ.~. o a c a~ C f9 0~~ c U ro E O E D wC~ N L a a~ w ~ ro~ a o m i- 3 ;~ ~ ~' E c ~ o E ~ m ~ m m ~ ~ n Y d O Q' y fU ~ N p_ L ~ . . ro O of 7 ~ V rr t a a 7 ~ ~ ° ~ ~ N ~ N Q ° ~ ~ ' C C ~ U) ° - ~ ~ ~ V a o. ~ 00 - a c c :°• a ' ~ °O ~ o~ c rn a~ o o cn ~ c o o 3 $ t _, Y ~ ~ 3 3 a~ ~, .o c ro U o~ .~ ro U U o w ro ro Q1 O ly ~, C 3~ E °' ~ ~ ~ > O O ro ~ Q. C L C m ~ ~ N 7 v N O r- O .t y N ~ ro~ c m O O ~ - 7 _N W Q a~ C ~ ~ ~ O ro O ti ~ .LO. Oj. 'O ro ~. N .O . O a N N '.. m C O~ (6 ~L~. N O N .~_ N ro a~ N W ro c `~~ rn ~ ,-. ro r i . = d U - ~cn O ~ ~U .'C.. ~ C op '. ~ Y ~ CT6 p O Q~ ` N O D '~ ~ > ~~ o O` C ^ . ro to N N N ~~ N 0 N C N a0 _ ~ O) ,~ Q CO C O Y T O QI L a ,C O O L '~ C a 7 H- ~ ~/j C77 N ~ `~ w ` y - 0 0 _ C N O U ' J L ~ ~ N~ F- O ~ mo - U` J ~ Q ~ L~ N ro N .D . ap OI > C N N L L d L ~ ro~ IJJ ~ a d~ Z' a '.. O p ro ms _ ~ p ... L Y a~ ~ _M o0 ~ a~ E _ ro •'= ro L V ~ C Y Q .~ ~ O N N Y= ~ ~ ro O ro ~ N L N v 7 0 3~ N ~~ N L in ro~ ' ~ 3 0 -_- ro U L v m 7 N c~ v _° a 3 .x ~ m ~ L a ` ~ ~ °' o i m 3 c u a ~ Y Y ~ c 3 ~ ~ a ~ - ~ ~ ~- m c o a~ c ro w. N Q N V T ~ c a O O + ' - L ~ O ro :n N L n. ~ U d y N (0 ~ .LZ m C > ~ « a C U Q ~ N .L.. ~° ~ ~ ro ~ ~ o c_ ~ a~ Y ~ v E a o O d c a~ N ro ~ ~ (n O~ .? ro V a w p o~ c a V C ~ N G, G p ~ a~ ~.. N N C ~ O d ~ ~ ~ ~ 47 ~ ~ ~ rn 3 E ~ ~ O° 3° O 3 a~i v 3~ J ~ , 'C3 ~' N L m Q c m a m rn 0 0 N O C C N ~i 75B-271 w 0 .-. c~ a Q a .~ r C C w ~ w L N C ~ c0 G Q N c~i ~- ..~ ~ ~ ~ ~ W ~ ~ Z p 3 O ~- (7 a .~ __~.. ~~//~~ C V/ L ~ /~/ ~I U Q ,~ c a> Q ~ L_ d Q H C O L W ~ • + ~' 3 ~ Y ~ o ~ E 3 w `o ~ ,~ ? o i c w 3 a c _ m ~ ~ m 3 ~, o .x a~ ~o m ~ ~ ~ N fo 6 m O ~ N ~, N ~ ~ ~ 07 O N ..'C-. N t y w T C N L N ` ~ O C C ,D p ~/1 O 7 .~. '- N ~ N O N E a > ' C .a - ~ N ° ~ o a > ~ ~ a o ~ •N w ~ ~ o i C Q V w j ~ f6 ~ ~ C ~ L ~ (n y ~ C ~ Y ~ U O C Q. C O U P co ui p~ O Q 3 >. U ~ ~ ~ 3 U N C9 C 0 0 . O p ~ O ~ >L Y co 'D ~ rn N p N CO .O N Q. a~ . .n y c s c U .~ 3~ a . ~ a c o c m >, 0 0 0 -o ~ N ~ o c ro L m t Q1 ~ Q w co E ~ E~ o _ °' o ° ~ a ~ ~ °1 c H ~ c o m L a E a -o ~ o " m z~ c V ~ ~ ' o ~ ~ o u, ~ . yI- aaa ~i~ ° a? > s o o ~ ea ~ - ~ ~ L - rn _ o ~ ~ ro ai ° U . 3~ c o o~~ 3 o a w .., C >, f4 ~ C~ O ~ .. p f0 O U N Y V - U N "- .~ ~~ O 7 T C> N O ~ a C -fl C ~ _ ~~ ° ~ ~ ~ ~ co 3 ;~ .~ o ~, .~ ~ ~ a~ ~ ~, ca ~ _ c . c ~, ~ n a~ Q o u w o -o a ~ ~ ` ~ oo 3~ u ~ =a N ~ v ~ o~ o ° a~ v L d ~~ c p m~~ ~ N ~ m Y .N ~ o V! ~ C 7 .N ~ ~. ~ ` [ti to ~ N a c s 3 X a -a ~ ~ o a p o y E -~ ~ ~ o' . d~ °~ O '~ N cg ~ C 0 N _ o ~ O Q N N 0 D1 T .O L C Y L ~ ~ N C Vi ~~ >` ~ ~ ~ L r ~~ ~ N U ~ N F- N m N m N ~ Q ~~ p > (0 6 'p N ~ > '6 U C E a o O ~ OD _ ~ N N U~> .~ m a0 C L Y ~; ~ ~ N to m N ~ ~ O to ~ ~ llJ L p O~ ~ z~ o o O~ ~ N ~' E 3~ o i o r M ° O ~ +. ~ ~ N f C N ' c V a~ ''= E c Y ~ o ~~ m~ U ~ o p Y ffl ~ >' ~ N~ N ~ O ~ ~ f9 O _ O O ~ U - 3 ~ ~ ~ 3 7 o~ 3 Q~ o -~ v i N m o ~~ C 3 m L N p ~ ,O 'D Y ~ L N o a ~ ~ o m ~ ~ ~ ~ a~ F- _ > ~ Q C 3 d ~ -p O F- .~C .a O p C~_ C N O= ~ t!l ~ C C N Y U U ?" C~ O~ .`. C c . ~ °-' ~ v °- E ~ -° ~ ~ ~ Y a~ N E 01 ~~pp E ~ > ~i U o a~i >' c ~ a v U °' .D L ~ U ~ ns ~ - ~ ~ E °' c ~ ~ y ~ y ~ N ~ ~ C ~ ~ ~ Y rn i ~' ~ U cc , O v 3 3 E ~ O o ~ ~ ° 3° c O a C~ V J _ o o~ 0 0 N Vl 75B-272 REQUEST FOR COUNCIL/ ,~,;~.~. AGENCY ACTION ~'"`"''' -- ~,~~ ` MEETING DATE: MAY 18, 2009 TITLE: PUBLIC HEARING -AMENDMENT OF DOWNTOWN MANAGEMENT DISTRICT PLAN, MANAGEMENT AGREEMENT WITH DOWNTOWN INC., AND LOAN AGREEMENT ^~ ~ C r' ~. CITY MANAGER EXECUTIVE DIRECTOR RECOMMENDED ACTION CITY COUNCIL ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Arnended ^ Ordinance on 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution amending the Management District Plan for the Downtown Santa Ana Community Management District; 2. Authorize the City Manager and Clerk of the Council to execute the attached management agreement with Downtown Inc. for the management and implementation of Community Management District funds for a five- year period ending December 31, 2014, subject to non-substantive changes approved by the City Manager and City Attorney; 3. Authorize the City Manager and Clerk of the Council to execute the attached loan agreement with Downtown Inc. and the City of Santa Ana, subject to non-substantive changes approved by the City Manager and City Attorney. COMMUNITY REDEVELOPMENT AGENCY ACTION Authorize the Executive Director and Agency Secretary to execute the attached loan agreement with Downtown Inc. and the Community Redevelopment Agency, subject to non-substantive changes approved by the Executive Director and Agency General Counsel. 80A-1 Public Hearing - Amendment of Downtown Management District Plan, Management Agreement with Downtown Inc., and Loan Agreement May 18, 2009 Page 2 DISCUSSION On December 15, 2008, the City Council adopted a resolution establishing the Downtown Santa Ana Community Management District (CMD) and the levy of an assessment of the property owners within the District to fund various activities in the Downtown. The CMD plan provided that the initial tax assessment was to be levied in FY 2008-09, and the operating term of the CMD was January 1, 2009 to December 31, 2013. Downtown Inc. is the newly created non-profit organization that will oversee the expenditure of the assessments collected during the five year term of the CMD. The Board of Downtown Inc. recently took an action to defer the assessment levy until FY 2009-10, with the first installment being due in October 2009. The Board felt that the new assessment may place an undue hardship on the property owners in the CMD due to current challenging economic conditions. This change in assessment levy necessitates an amendment to the CMD plan approved by the City Council (Exhibit 1). Further, the operating term of the CMD must also be modified to now reflect January 1, 2010 to December 31, 2014. Since the deferral of the first year's assessment to the property owners in the CMD would not yield funds until January 2010, each director on the Board has agreed to make a loan to the corporation in order to begin implementation of the CMD activities in calendar year 2009. The loans are based on the amount of the first year's assessment and will be repaid by the fifth year. These loans will generate approximately $186,000, which will be used for administrative, operating, corporate start-up, and marketing/promotional activities as outlined on Exhibit 2. The funds will enable Downtown Inc. to hire a new, full-time Executive Director along with a support staff person as well as assuming certain basic services currently provided by the City. The City is the recipient of the annual property tax assessments; therefore, it is necessary to enter into a management agreement with Downtown Inc. to oversee the implementation of the five-year program as authorized when the CMD was established. The decision to levy the assessment will be determined by the City Council on an annual basis and will be based on a program budget developed by Downtown Inc. 80A-2 Public Hearing - Amendment of Downtown Management District Plan, Management Agreement with Downtown Inc., and Loan Agreement May 18, 2009 Page 3 Notice of the public hearing was published in the Orange County Reporter on May 8 and May 15, 2009, pursuant to Section 13-112 of the Santa Ana Municipal Code. FISCAL IMPACT Funds are available in account no. 407-933-6291 for the City's portion of the loan; the Agency's loan will be provided from account no. 553- 951-6291. APPROVED AS TO FUNDS AND ACCOUNTS: t :-._ Cynthia J. Ne son Francisco Gutierrez ~-i Deputy City Manager for Executive Director Development Services Finance and Management Services Agency Community Development Agency CJN/NTE/TE/mlr 80A-3 80A-4 DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT THE MANAGEMENT DISTRICT PLAN Formed Under Chapter 13 of the Santa Ana Municipal Code Prepared by Edward Henning, P.E. and Tom Eidem In coordination with the Management District Formation Committee Originally Adopted -August 2008 Amended -May 2009 Exhibit 1 80A-5 The Downtown Santa Ana Community Management District Amended Management District Plan May 2009 Table of Contents Introduction A. Map of the District and Parcels Affected B. Name of District C. Description of Boundaries and Benefit Zones D. List of Improvements and Activities Proposed for Each Year of Operation and Maximum Costs E. Total Annual Amount Proposed for Improvements, Maintenance and Operations for Each Year of Operation F. Proposed Sources of Financing, Including Method and Basis of Levying of Assessment G. Time and Manner of Collecting Assessments H. Proposed Rules and Regulations to be Applied to the District I. Continuation of Levy Specifically for Maintenance of Improvements Constructed by the District J. Type and Term of District and Showing Specific Number of Years Assessments Will Be Levied K. Proposed Timeline for Implementation and Completion of Management District Plan L. Community Management District Governance M. Other Items Appendix A -List of Parcels Including Publicly Owned Parcels Appendix B -Engineer's Report 2 80A-6 Introduction Offering a variety of services and amenities for visitors, businesses, and residents, Downtown Santa Ana is a quaint, historic, yet bustling area located in the heart of the Santa Ana, the county seat of Orange County. Downtown Santa Ana is home to a vibrant Latino shopping district, the Artists Village, major office centers, and financial institutions. Downtown is also home to federal, State, County, and municipal courts and administrative offices. A Community Management District (CMD) funds special services that address specific needs of commercial centers. These services may include special "Clean and Safe" programs like enhanced maintenance, landscaping, and security; vital Economic Revitalization programs intended to promote customer and investor confidence, such as business assistance and attraction, education and information, parking programs, and the like; and, of course, Marketing and Promotions programs and activities designed to increase awareness and sales. Marketing and Promotions programs can include special events, holiday celebrations, music and arts festivals, comprehensive advertising, branding, public outreach, and more. A CMD also facilitates coordination among various interests such as City departments, elected officials, community groups and business leaders to accomplish its goals. This strengthens relationships, increases cooperation, and integrates the various efforts to thoughtfully improve the district. A CMD will provide financial and administrative resources to partner with public and private organizations to bring back the vitality of this lively shopping district. In 1984, amerchant-based Business Improvement District was established in Downtown Santa Ana and continues today. Originally managed by the Downtown Santa Ana Business Association, in recent years program implementation responsibilities have been divided among different geographical and market sectors. In 2006, after a number years of economic struggle to revitalize Downtown Santa Ana, there developed an interest in establishing a Property and Business Improvement District (PBID). Property owners formed a proponent group and approached the City's Community Development Agency for assistance to engage a PBID advisor. The City of Santa Ana approved hiring a consultant to work with Downtown stakeholders in establishing a new district. Property owners, in partnership with local merchants and the City, worked together to launch a new effort to create a district. A Formation Committee was established to direct and advise on the creation of this Management Plan. In June 2008, the CMD Formation Committee requested that the City of Santa Ana amend the Municipal Code to enable the establishment of Community Management Districts. The City Council began the amendment process in July 2008. The formation of the Downtown Santa Ana Community Management District will serve to enhance the commercial district thereby increasing commerce and prosperity. 80A-7 B. Name of District The name of the new District shall be The Downtown Santa Ana Community Management District. C. Description of Boundaries and Benefit Zones The Downtown Santa Ana Community Management District includes a total of 282 parcels represented by 102 individual property owners. With some minor exclusions resulting from essential boundary adjustments, the District generally includes all parcels between Walnut Street on the south, Civic Center Drive on the north, Mortimer Street on the east and Flower Street on the west. This area represents the core of the greater Downtown and is unique in its combination of retail, entertainment, government, and professional/office uses as well as its diversity of market sectors. The entire District comprises a single benefit zone. All parcels within the above- mentioned boundaries shall be assessed to fund special benefit services as outlined in this plan, excluding only those properties owned, occupied by and operated as a federal, State, County and municipal government. Services will be provided only to those properties paying into the assessment fund; no services shall be provided outside the District boundaries. The Downtown Santa Ana Community Management District encompasses most properties within the following general description boundaries: - Flower Street on the west - First Street from Flower Street to Birch Street and Walnut Street from Broadway to Orange Street on the south - Maple Street from Walnut Street to First Street, the easterly property line of the commercial center known as Downtown Plaza, and Mortimer Street from Third Street to Santa Ana Boulevard on the east - Santa Ana Boulevard from Mortimer Street to Bush Street, and Civic Center Drive from Bush Street to Flower Street on the north The above description is general and does not account for minor exclusions and inclusions. 4 80A-8 More precisely, the boundaries are described as follows: Beginning at a point where the westerly right-of-way line of Flower Street intersects with the northerly right-of-way line of Civic Center Drive, thence southerly along the westerly right-of-way line of Flower Street to a point where it intersects with the southerly right-of-way line of First Street, thence easterly along southerly right-of-way line of First Street to point where it intersects with center line on the alley bisecting Block 276, thence southerly along the centerline of said alley to a point where it intersects with the southerly right-of-way line of Walnut Street, thence easterly along the southerly right-of-way line of Walnut Street to a point where it intersects with the westerly right-of-way line of Orange Street, thence northerly along the westerly right-of-way line of Orange Street to a point in alignment with an extension of the southerly property line of Parcel Number 398-517-01, thence easterly along said line, continuing along the southerly property line of Parcel Number 398-517-01 to a point where it intersects with the easterly right-of-way line of the alley in Block 517, thence northerly along the easterly right-of-way line of said alley to a point where it intersects with the southerly right-of-way line of First Street, thence easterly along the southerly right-of-way line of First Street to a point in alignment with an extension of the easterly property line of Parcel Number 398-508-19, thence northerly along said line across First Street and continuing northerly along the easterly property line of Block 516 to a point intersecting with the southerly right- of-way line of Third Street, thence westerly along the southerly right-of-way line of Third Street to a point where it intersects with the easterly right-of-way line of French Street, thence northerly along said easterly right-of-way line of French Street to a point where it intersects with the southerly property line of Parcel Number 398-507-08, thence easterly along said southerly property line of Parcel Number 398-507-08 to a point where it meets the easterly property line of said parcel, thence northerly along said easterly property line of Parcel Number 398- 507-08 to a point where it intersects with the southerly right-of-way line of Fourth Street, thence easterly along the southerly right-of-way line of Fourth Street to a point where it intersects with a point in alignment with an extension of the easterly right-of-way line of Mortimer Street, thence northerly along said line across Fourth Street along and continuing northerly along the easterly right-of- way line of Mortimer Street to a point where it intersects with the northerly right- of-line of Santa Ana Boulevard, thence westerly along the northerly right-of-line of Santa Ana Boulevard to a point where it intersects with the easterly right-of- line of Bush Street, thence northerly along the easterly right-of-way line of Bush Street to a point where it intersects with the northerly right-of-line of Eighth Street, thence westerly along the northerly right-of-way line of Eighth Street to a point where it intersects with the westerly right-of-line of Main Street, thence southerly along the westerly right-of-way line of Main Street to a point where it intersects with the northerly property line of Parcel Number 398-244-02, thence westerly along said northerly property line of Parcel Number 398-244-02 and Parcel Number 398-244-01 and extending across Sycamore Street and continuing westerly to a point where it intersects with the northerly right-of-way 80A-9 line of Civic Center Drive, thence along the northerly right-of-way line of Civic Center Drive westerly to the point of beginning. D. List of Improvements and Activities Proposed for Each Year of Operation and Maximum Costs A description of Improvements is as follows: Maintenance and Landscaping Services Maintenance may include sidewalk sweeping and pressure washing, gum removal, graffiti abatement, trash and/or bulky item removal; the watering, weeding and pruning of all trees and plantings; alley/median/parkway maintenance; litter and debris pick-up; trash receptacle collection/disposal and maintenance/replacement; and other maintenance and landscaping issues that may arise. Each maintenance service will assist in beautifying the Downtown District and enhancing the image of the commercial core. This activity is designed to increase customer comfort within the greater Downtown which will, in turn, increase commerce and help to attract and retain new businesses and patrons within the District. These maintenance services will be provided only within the District; therefore, these services constitute "special benefits" to the assessed parcels. 2. Marketing and Promotions This activity is intended to enhance the image of Downtown Santa Ana through sophisticated marketing, advertising and branding of the Downtown. It will heighten the excitement and pleasure of the customer and visitor experience by way of holiday celebrations, special events, festivals, promotions and sales, art shows, live music, and similar customer attractions. This activity also includes those types of supplemental activities such as newsletters, visitor guides, graphics arts materials, business improvement workshops, and the like. 3. Downtown Ambassador Program Uniformed customer assistance Ambassadors will provide a variety of business and customer support services by assisting patrons and employees, supporting SAPD crime prevention efforts to reduce the incidence of crime and nuisance activities, and productively addressing the challenges associated with street populations. Deployment of Downtown Ambassadors can include highly visible foot, bicycle or Segway patrols that will provide service during critical, high-impact periods. The initial deployment will be when their services are most needed. Actual days and 6 80A-10 times are still to be determined, but Ambassador assignments can change as necessary. The Downtown Ambassador Program will assist in creating a safe and secure environment throughout the Downtown area and, hence, will enhance the economic revitalization. This activity is designed to increase vehicular and pedestrian traffic within the District which will increase commerce and help to attract new and retain existing businesses and patrons. This Ambassador Program will be provided only within the CMD boundaries; therefore these services constitute "special benefits" to the assessed parcels. 4. Physical Enhancement & Amenities The Physical Enhancement category consists of capital improvements that may include tree/landscape planting, additional street furniture, fixtures and equipment, and other streetscape amenities the Board deems appropriate. These amenities include light pole and skyline banners, advertising and information kiosks, decorations, directories, and special lighting. These improvements will beautify and enhance the image of Downtown Santa Ana and thereby increase pedestrian and vehicular traffic to the District. This activity is designed to enhance the shopping experience within the District boundaries. Because the Physical Enhancement program will be provided only within the District, these improvements will constitute "special benefits" to the assessed parcels. 5. Administration and Operations Included in the Administration component are the costs for an Executive Director, Marketing & Promotions Coordinator, office support staff, office expenses, legal fees, accounting/bookkeeping fees, and Directors & Officers and General Liability insurance. This component is vital to the proper expenditure of assessment funds and the administration of programs and activities which are intended to promote business within the CMD boundaries through increased commerce and the attraction and retention of new business. Because this operating cost/administration program exists only for the purposes of the District and will be provided only for matters occurring within the CMD boundaries, this program constitutes a "special benefit" to the assessed parcels. NOTE: Existing City services will be supplemented, not supplanted or duplicated, by Management District services. 80A-11 Each of these programs and activities work together to create a more pleasing environment within the District that is conducive to strengthening the economic vitality of this commercial center through the attraction and retention of new business and increased commerce. The programs, improvements, and services are designed to specifically benefit properties within the CMD boundaries. The proposed CMD assessments will be levied only on properties within the CMD boundaries. Assessment revenues will be spent to deliver services that provide a direct and special benefit to assessed parcels and to improve the economic vitality of these properties. PROJECTED FIVE-YEAR BUDGETS/PROGRAM COSTS REVENUE Source Year 1 Year 2 Year 3 Year 4 Year 5 CMD Assessments $920,000.00 $966,000.00 $1,014,300.00 $1,065,015.00 $1,118,265.75 All Other $30,000.00 $31,500.00 $33,075.00 $34,728.75 $36,465.19 $950,000.00 $997,500.00 $1,047,375.00 $1,099,743.75 $1,154,730.94 EXPENDITURES Programs & Activities Year 1 Year 2 Year 3 Year 4 Year 5 Maint & Landscaping $220,135.00 $231,141.75 $242,698.83 $254,833.77 $267,575.45 Marketing & Promotions $372,990.00 $391,639.50 $411,221.47 $431,782.54 $453,371.66 Ambassador Program $183,390.00 $192,559.50 $202,187.47 $212,296.84 $222,911.68 Physical Enhancement $48,825.00 $51,266.25 $53,829.56 $56,521.04 $59,347.09 Admin & Operations $124,660.00 $130,893.00 $137,437.65 $144,309.53 $151,525.00 TOTAL $950,000.00 $997,500.00 $1,047,375.00 $1,099,743.75 $1,154,730.94 80A-12 All projects and activities are designed to enhance the assets and image of Downtown Santa Ana, and thereby increase commerce and promote business within the boundaries of the CMD. The annual budget for the first year is estimated to be $950,000. Of that amount, $920,000 is to be generated through special assessments. The nonprofit Management District Corporation shall have the right to reallocate up to 35 percent of the total budget within the budget categories. Accrued interest or delinquent payments may be expended in any budget category. Any funds remaining after the fifth year of operation will be rolled over into the renewal budget or returned to stakeholders. Also, if the funds are available in the fourth or fifth year of operations, costs for renewal may be expended. If the District is not renewed or terminated for any reason, unexpended funds will be returned to the property owners. 9 80A-13 E. Total Annual Amount Proposed for Improvements, Maintenance and Operations for Each Year of Operation BUDGET SUMMARY -Revenue & Expense REVENUE -FIRST YEAR CMD Assessments All Other TOTAL REVENUE EXPENDITURES -FIRST YEAR Maintenance & Landscaping Services Marketing & Promotions Ambassador Program Physical Enhancement & Amenities Administration & Operations TOTAL EXPENDITURES $920,000 30,000 $950,000 $220,135 23.2% 372,990 39.2% 183,390 19.3% 48,825 5.1 124,660 13.1 $950,000 100.0% FIRST YEAR OPERATIONS -PROGRAM SUMMARY Maintenance & Landscape Services Done by contract service providers (daily litter & debris pick-up, daily trash collection, daily receptacle cleaning & maintenance, gum removal, graffiti abatement, sidewalk washing FF&E maintenance & repair) Marketing & Promotions Special events, holiday celebrations, social events (art walks, concerts), merchant promotions, co-op and piggyback opportunities, print material and graphics, advertising (district-wide and targeted), newsletter, business enhancement (business attraction and retention) Ambassador Program Contract Service (Allocation allows for added security of approximately 110 hours per week deployed at PBID's discretion.) Physical Enhancement & Amenities FF&E, banners, kiosks, signage, decorations, directories, lighting Administration & Operations 10 80A-14 Personnel, direct administrative costs During the term of the Community Management District, the annual budget and corresponding assessments may be adjusted to reflect an annual cost of operations increase of five percent. This is the maximum allowable increase based upon this Management District Plan utilizing the approved assessment methodology. This increase may be imposed at the discretion of the Owners Association. The Owners Association shall make a notification to the City annually as to whether any adjustments to the current year's assessment rates will be made. Additionally, any annual budget surplus or deficit will be incorporated into the subsequent year's CMD budget, and subsequent annual assessments will be set to account for surpluses or deficits carried forward. PROJECTED FIVE-YEAR BUDGETSIPROGRAM COSTS REVENUE Source Year 1 Increase Year 2 Incre°ase Year 3 Incre°ase Year 4 Incre°ase Year 5 CMD Assessments $920,000.00 5.00% $966,000.00 5.00% $1,014,300.00 5.00% $1,065,015.00 5.00% $1,118,265.75 All Other $30,000.00 5.00% $31,500.00 5,00% $33,075.00 5.00% $34,728.75 5.00% $36,465.19 $950,000.00 $997,500.00 $1,047,375.00 $1,099,743.75 $1,154,730.94 EXPENDITURES Programs & Activities Year 1 Increase Year 2 Incre°ase Year 3 Incre°ase Year 4 Incre°ase Year 5 Maint & Landscaping $220,135.00 5.00% $231,141.75 5.00% $242,698.83 5.00% $254,833.77 5.00% $267,575.45 Marketing & Promotions $372,990.00 5.00% $391,639.50 5.00% $411,221.47 5.00% $431,782.54 5.00% $453,371.66 Ambassador Program $183,390.00 5.00% $192,559.50 5.00% $202,187.47 5.00% $212,296.84 5.00% $222,911.68 Physical Enhancement $48,825.00 5.00% $51,266.25 5.00% $53,829.56 5,00% $56,521.04 5.00% $59,347.09 Admin & Operations $124,660.00 5.00% $130,893.00 5.00% $137,437.65 5.00% $144,309.53 5.00% $151,525.00 TOTAL $950,000.00 $997,500.00 $1,047,375.00 $1,099,743.75 $1,154,730.94 80A-15 F. Proposed Sources of Financing, Including Method and Basis of Levying of Assessment The Downtown Santa Ana Community Management District anticipates two general sources of revenue -special assessment revenue which is the principal source of funding (97 percent), and program income which includes funding from sources such as sponsorships, sales of goods and services, dues, interest income, and the like. The Downtown Santa Ana Community Management District is a benefit assessment-type district whereby special service and district program costs are apportioned among benefitting properties based on the special benefit each property is expected to derive from those services and programs. This method of financing such special services and programs is based upon the levy of assessments on real property that benefit from proposed improvements and activities. The method and basis of spreading program costs vary from one district to another based on local geographic conditions, types of programs and activities to be undertaken, and size and development complexity. Further, general benefits may not be incorporated into the assessment formula and levied on the CMD properties; only special benefits and cost may be considered. Assessment formulae typically relate to the physical factors of a parcel such as street frontage, lot size, building size, location. The formula may base assessments on a single factor or a combination of factors. Based on the program activities to be funded, which relate substantially to the pedestrian-oriented sidewalk areas/public walkways, parcel size and physical improvements, it is determined that the assessments be based in part on four property-related elements: • The amount of adjacent street/sidewalk frontage (linear feet) • The parcel size (total land area) • The building area • A flat parcel fee These variables were developed by the consulting engineer and presented to a focus group that was conducted for purposes of gathering a consensus of affected property owners. The focus group included key stakeholders in the Downtown. The variables and formulae were verified as equitable by an Engineer's Report. The assessment formula utilized in the Downtown Santa Ana Community Management District is comprised of these four variables, each with a relative weighting derived from program benefit. The variables are: 12 80A-16 Street/Sidewalk Frontage Parcel Size (Land Area) Building Area Flat Parcel Fee 30% or $276,000 30% or $276,000 30% or $276,000 10% or $ 92,000 100% $920,000 Within the CMD there are 282 parcels with roughly 60,000 linear feet of street frontage, 4 million square feet of land and 2.5 million square feet of building area. A list of all parcels in the CMD is shown in Appendix A. Using the cumulative property-related data totals from above, the base Year 1 assessment rates are set at $6 per linear foot of street frontage, 10 cents per square foot of land area, and 15 cents per square foot of building area (based on gross exterior building dimensions). The parcel fee shall be $425 per parcel. Due to identified diminished benefits and a number of formula adjustment factors for certain land uses, parcel configurations and other circumstances are also incorporated into the proposed CMD formula as follows: Residential uses from one to four units are set at a flat rate of $100 per unit (includes residential condos). 2. Residential uses of five or more units are set at 50 percent of respective base assessment rates (apartments). 3. Nonprofit- (501 c3) owned/occupied properties are set at 50 percent of respective base assessment rates. 4. Building areas are capped at a floor area ratio (FAR) of 4.0. 5. Government-owned/occupied properties will not be assessed and will receive no direct services. 6. Residential uses, regardless of the number of units, that are 100 percent project-based rental assistance programs; for example, senior housing and the like, will not be assessed and will receive no direct services. 7. Mixed-use properties/complexes will generally be assessed based on prorated land-use ratios, using the following guidelines: Commercial/Office Condos - No Residential Uses (multiple owners) a. Building area fee at full building area fee rate (structured parking area excluded). b. Land area fee at full land area fee rate but prorated for each unit based on ratio of unit building area to total building area. 13 80A-17 c. Frontage fee at full frontage rate but prorated for each unit based on ratio of unit building area to total building area. Mixed-Use Rental: Ground-Floor Commercial and Upper-Floor Residential (single owner) a. Building area fee at full rate for commercial area and 50 percent commercial rate for residential area (structured parking area excluded). b. Land area fee at full land area fee rate. c. Frontage fee at full frontage rate. Mixed-Use Condos: Ground-Floor Commercial and Upper-Floor Residential (multiple owners) a. Building area fee at full rate for commercial pad areas and $100 per year per residential condo unit (structured parking area excluded). b. Land area fee at full land area fee rate for commercial pad footprint. c. Frontage fee at full frontage rate for commercial units (ground floor direct frontage). d. Live-work condo units will be assessed using a combination of a, b, and c above. YEAR ONE ASSESSMENT CALCULATION A parcel's first annual assessment is calculated as follows. Any applicable adjustment factors are applied after the calculation of the parcel's assessment at the full rate. ANNUAL ASSESSMENT =Street Frontage Fee + Land Area Fee + Building Area Fee + Parcel Fee Street Frontage Fee is calculated by multiplying the linear feet of street frontage of a parcel by the Street Frontage Rate ($6 per linear foot). Land Area Fee is calculated by multiplying the square footage of the parcel by the Land Area Rate (10 cents per square foot) Building Area Fee is calculated by multiplying the square footage of a structure, as derived from its gross exterior dimensions, by the Building Area Rate (15 cents per square foot). 14 80A-18 Flat Parcel Fee -each individual Assessor's Parcel is assessed the Flat Parcel Rate ($425). Street Fronta a Rate Land Area Rate Buildin Area Rate Flat Parcel Rate $6.00 er linear foot 10¢ er s uare foot 15¢ er s uare foot $425 er arcel During the term of the CMD, the annual budget and corresponding assessments may be adjusted to reflect an annual cost of operations increase of five percent. Since the CMD is planned for afive-year term, maximum assessments for future years (years 2-5) must be set at the inception of the CMD. While future inflationary and other program cost increases are unknown at this point, abuilt-in maximum increase of five percent per year is incorporated into the projected program cost and, in turn, the resulting assessment rates for the five-year life of the CMD. These figures are shown in the table below. Assessment rates may not exceed those indicated below. Five-Year Maximum Assessment Rates (Includes a 5 percent cap on annual increases) Rate Year One Year Two Year Three Year Four Year Five Street Frontage Fee $6 $6.30 $6.62 $6.95 $7.30 Land Area Fee 10¢ 10.5¢ 11 ¢ 11.6¢ 12.2¢ Building Area Fee 15¢ 15.8¢ 16.6¢ 17.4¢ 18.3¢ Flat Parcel Fee $425 $446 $469 $491 $516 Any annual budget surplus or deficit will be incorporated into the subsequent year's CMD budget, and subsequent annual assessments will be set to account for surpluses or deficits carried forward. G. Time and Manner of Collecting Assessments Pursuant to analogous law pertaining to Property and Business Improvement Districts, the Santa Ana Downtown Community Management District assessment will be collected by the County of Orange in the same manner as annual property taxes are collected, and will appear as a separate line item on the annual property tax bills prepared and issued by the County. Property tax bills are generally distributed to property owners in the fall, and payment is expected by lump sum or in two installments. The County of Orange shall distribute the assessments to the City which will, in turn, forward the assessments to the 15 80A-19 managing association pursuant to the authorization of this plan. Existing laws for enforcement of property taxes apply to the District's assessments. The assessments shall be collected at the same time and in the same manner as for any ad valorem property tax paid to the County of Orange. These assessments shall provide for the same lien priority and penalties for delinquent payment as is provided for the ad valorem property tax. If necessary, the Santa Ana City Clerk's Office will directly bill property owners or entities that do not appear on the direct billing of the property tax roll provided by the County. The "property owner" of the ad valorem interest shall be any person listed as the owner/taxpayer on the last equalized ad valorem interest assessment roll or otherwise known to be the owner/taxpayer by the City. H. Proposed Rules and Regulations to be Applied to the District There are no specific rules or regulations applied to this District. Continuation of Levy Specifically for Maintenance of Improvements Constructed by the District In accordance with Section 13-103 (i) of Article XX, Chapter 13, Santa Ana Municipal Code, it shall be a requirement of the Downtown Santa Ana Community Management District that assessments specifically designated for the maintenance and upkeep of improvements constructed by the District using assessment revenue, if any, shall continue to be levied on each parcel of land within the CMD for a period of time equal to the useful life of the improvement, as determined by the City Engineer, regardless of whether the District is disestablished or the term of the original levy has expired. J. Type and Term of District and Showing Specific Number of Years Assessments Will Be Levied The proposed Downtown Santa Ana Community Management District is a new district. The CMD will have an initial operating term of five years. Due to the time and manner of levying and collecting assessments as described in Section G, assessment revenue is generally not available for direct operations until the following January. The CMD will commence with the first year of levying of assessments in August of 2009, and the first year of programs and activities beginning in January of 2010, as assessment funds become available. The final assessment shall be levied by August of 2013 with the fifth year of programs and activities commencing in January of 2014, as assessment funds become available. Program operations are expected to be complete by December 31, 2014. Any continuation of the CMD after the initial five-year period will require 16 80A-20 compliance with the regulations in place at that time relative to establishment of a Community Management District. An assessment for the maintenance of improvements constructed by the CMD, if any, may extend beyond the original five-year term as described in Section I of the Management District Plan. K. Proposed Time for Implementation and Completion of Management District Plan Task to be Completed Estimated Date of Completion Completion and approval of Management District Plan. August 2008 Send complete Management District Plan to Assessment Engineer. August 2008 Complete petition drive reflecting support of property owners in the August -September proposed district who will pay more than 30 percent of the assessment 2008 ro osed to be levied. Submit completed petitions to City Clerk. September 2008 Resolution of Intention setting a public hearing and ordering the October 2008 distribution of ballots adopted by City Council. Ballots returned to City Clerk. December 1, 2008 Public Hearing/counting of returned ballots, consideration of ordinance December 1 2008 by Santa Ana City Council establishing the District. , L. Community Management District Governance Downtown, Incorporated will be the agency responsible for the ongoing day-to- day management and administration of the Downtown Santa Ana Community Management District (CMD). Downtown, Incorporated is an existing nonprofit corporation formed by business and property owners located in Downtown Santa Ana. Downtown, Incorporated may choose to contract with third-party entities to carry out the District programs and activities. The annual programs, budgets, and assessments for the Downtown Santa Ana Community Management District shall be determined by Downtown, Incorporated, which shall also serve as the Community Management District "owners association" described in Article XX Chapter 13 of the Santa Ana Municipal Code. Such programs, budgets, and assessments must be consistent with this Management Plan. Downtown, Incorporated shall be responsible for the general oversight of the District including approval of the annual work programs and budgets, monitoring performance, and ensuring compliance with appropriate rules and regulations, including a Community Management District management 17 80A-21 agreement with the City of Santa Ana. Upon Community Management District adoption/renewal, the City of Santa Ana and Downtown, Incorporated will execute a contract for the performance and delivery of the stipulated program services over the life of the District. The Board of Directors of Downtown, Incorporated shall meet generally on a monthly basis. When related to Community Management District matters, such meetings shall be subject to the State of California "Brown Act" open meeting requirements. Records of this corporation pertaining to Community Management District-related matters shall be available for public review as stipulated by State law. Pursuant to the Municipal Code, the Downtown, Incorporated Board of Directors shall file, for approval by the City Council, an annual report for the upcoming year for which assessments shall be levied. Downtown, Incorporated will employ a management professional as Executive Director/CEO whose duties shall include the implementation of the programs and activities of the CMD as well as the management of the day-to-day affairs of the CMD and Downtown, Incorporated. Additional staff may be employed as needed and as provided for in the budget. M. Other Items No bonds will be issued for any CMD projects. H:\New BID Formation\BID Consultant\Management District Formation Committee\MANAGEMENT DISTRICT PLAN Amended 5.09.docx Ig 80A-22 ~ownTOwn INCORPORATED Proposed 2009 Budget DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT Board of Directors' Direct Loans TOTAL REVENUE GENERAL/ ADMINISTRATIVE OPERATING EXPENDITURES Personnel Services Supplies Other Services and Charges $186, 320 $82,000 5,000 30,000 Furniture, Fixtures & Equipment (Office Start-up) 30,000 TOTAL GENERAL/ADMIN OPERATING EXPENSE PROGRAM EXPENDITURES Marketing & Promotions TOTAL PROGRAM EXPENSE TOTAL EXPENDITURES Exhibit 2 39 320 $186,320 $147,000 39 320 186 320 80A-23 80A-24 JWF (05/08/09) RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE MANAGEMENT DISTRICT PLAN FOR THE DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT PURSUANT TO ARTICLE XX, CHAPTER 13 OF THE SANTA ANA MUNICIPAL CODE. 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. On December 15, 2008, by Resolution No. 2008-078, pursuant to Article XX of Chapter 13 of the Santa Ana Municipal Code (the "Law"), the City Council established the Downtown Santa Ana Community Management District (CMD). B. Resolution 2008-078 and the Management District Plan for the CMD called for the assessment to be levied commencing with Fiscal Year 2008- 2009 and for the CMD to be operative from January 1, 2009 to December 31, 2013. C. Economic considerations have dictated that both the initial assessment and operative term be delayed one year. D. The City Council has adopted Resolution No. 2009-020 stating its intent to consider, at a public hearing on May 18, 2009, amending the Management District Plan to levy the initial assessment for Fiscal Year 2009-2010 and fort the CMD to be operative from January 1, 2010 through December 31, 2014. E. Pursuant to Section 13-112 of the Law, notice of the draft resolution of intention was sent to all assessees and published. Following adoption, the resolution was again published. Section 2. A duly noticed public hearing was held on May 18, 2009 as required by the Law. Section 3. The Management District Plan for the Downtown Community Management District are hereby amended as follows: Section G. The last sentence is hereby deleted. /~ Resolution No. 2009-XXX 8~A-25 Page 1 of 3 Section J is hereby amended to revise the commencement and termination dates of the Plan from commencing on January 1, 2009, and terminating on December 31, 2013 to commencing January 1, 2010 and terminating on December 31, 2014. Section 4. The Management District Plan for the Downtown Community Management District, as amended to reflect the changes set forth in Section 3 of this Resolution and on file in the Office of the Deputy City Manager for Development Services, is hereby approved and shall supersede the Plan previously approved by the City Council. Section 5. Section 6 of Resolution 2008-078 is hereby amended to provide that the initial assessment shall be levied for Fiscal Year 2009-2010 and ending with Fiscal Year 2013-2014. Section 6. 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 May, 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: Joseph W. Fletcher, City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2009- 8~A~26 Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of attached Resolution No. 2009-XXX Council of the City of Santa Ana on _ Date: the Council, do hereby attest to and certify the to be the original resolution adopted by the City Clerk of the Council City of Santa Ana 80A-27 Resolution No. 2009-XXX Page 3 of 3 80A-28 AGREEMENT FOR COMMUNITY MANAGEMENT DISTRICT SERVICES This agreement is made on day of 2009, between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, (the "CITY") and Downtown Incorporated, a California non- profit corporation, (the "ASSOCIATION"). RECITALS: A. Pursuant to its Resolution No. 2008-078 (the "RESOLUTION") the City (:ouncil of the CITY has established a community management district designated as the "Downtown Community Management District " (the "DISTRICT"), under Article XX of Chapter 13 of the Santa Ana Municipal Code (the "ORDINANCE"); and B. Pursuant to the Resolution and the Ordinance, assessments will be levied annually against the assessable parcels in the DISTRICT commencing with Fiscal Year 2009-2010 and continuing through Fiscal Year 2013-2014; and C. Such assessments may be used only for the purposes set forth in the Resolution; and D. The CITY desires to use the assessments to contract for the administration of a program of improvements and activities in connection with the DISTRICT for Fiscal Years 2009-2010 through 2013-14; and E. Section 13-209 of the Ordinance authorizes the CITY to contract with anon-profit owners association to manage the district on a day-to-day basis. F. The ASSOCIATION represents that it is a private nonprofit corporation registered and in good standing with the California Secretary of State qualified to serve pursuant to the Ordinance. G. The CITY seeks to contract with the ASSOCIATION to administer such program of improvements and activities. NOW, THEREFORE, the CITY and ASSOCIATION mutually agree as follows: TERM OF AGREEMENT 1.1. The term of this Agreement shall be from July 1, 2009 to and including December 31, 2015. 1.2. In the case of a default by the ASSOCIATION, the CITY may terminate this Agreement by giving written notice to the ASSOCIATION. 80A-29 1.3. Upon termination or expiration of this Agreement, all unexpended moneys for the DISTRICT and all assets purchased with DISTRICT funds shall be returned to the CITY. 2. USE OF FUNDS 2.1. Funds received by the ASSOCIATION pursuant to this Agreement shall only be expended for the purposes stated in the Resolution and authorized by the Ordinance. Such funds shall be expended in accordance with the Management District Plan. ASSOCIATION RESPONSIBILITIES 3.1. The ASSOCIATION shall administer the DISTRICT work program and perform all of the services specified in the Management District Plan and shall cooperate with the City Manager of the CITY or such personnel as the City Manager designates. 3.2. Throughout the term of this Agreement, the ASSOCIATION shall submit to the CITY's Finance Director the following: 3.2.1. Annual Report -The ASSOCIATION shall submit a report for the current Fiscal Year complying with the Section 13-211 of the Ordinance. The timing of submittal of the Annual Report shall be as directed by the City's Deputy City Manager for Development Services. 3.2.2. Financial Statements -The ASSOCIATION shall submit a statement of income and expenses of the ASSOCIATION in relation to the DISTRICT, reviewed by a Certified Public Accountant covering the previous Fiscal Year. 3.2.3. Within 10 days of a request of the CITY's Finance Director, the ASSOCIATION shall provide such other financial information of the ASSOCIATION in relation to the DISTRICT as the CITY's Finance Director shall reasonably request. 3.3. The ASSOCIATION hereby agrees to comply with all State and local laws and regulations as they relate to the administration of the DISTRIC"C, including all open meeting and public records laws. 4. CITY RESPONSIBILITIES 4.1. The CITY shall submit to the County of Orange each year an annual assessment roll for the DISTRICT and shall disburse the DISTRICT assessment revenues 80A-30 received by the CITY from the County of Orange to the ASSOCIATION in accordance with Section 5.1 hereof. 4.3. With respect to any public agencies for which the County of Orange does not bill the annual DISTRICT assessments, the CITY shall hand bill such agencies for the DISTRICT assessments, provided that the CITY shall have no responsibility to enforce the collection of such assessments. 4.4. The CITY shall make available to the ASSOCIATION such information in its possession, except for information which is determined to be confidential information by the City Attorney, which is necessary for implementation of the DISTRICT work program. 4.5. The CITY shall report to the ASSOCIATION on a regular basis as to the status of DISTRICT assessment revenues thus far collected so that the ASSOCIATION can adjust its budget and work program accordingly. DISBURSEMENTS 5.1. Commencing with Fiscal Year 2009-2010 and continuing through Fiscal Year 2013-2014, the CITY shall annually remit to the ASSOCIATION the DISTRICT assessment revenues collected by the County of Orange and paid to the CITY within 30 days of receipt of such revenues by the CITY from the County of Orange. 6. AUDITS, ACCOUNTING AND AUDIT EXCEPTIONS 6.1. The ASSOCIATION's program, as it relates to the DISTRICT, will be audited in accordance with policy and funding guidelines established by the CITY from time to time. The CITY or its authorized representatives shall, with 10 days' prior notice, have access for the purpose of audit or inspection to any and all books, documents, papers, records, property and premises of the ASSOCIATION. 6.2. The ASSOCIATION'S staff will cooperate fully with authorized auditors when they conduct audits and examinations of the ASSOCIATION'S program, as it relates to the DISTRICT. If indications of misappropriation or misapplication of the funds governed by this Agreement cause the CITY to require a special audit, the cost of the audit shall be paid by the ASSOCIATION. Should it be subsequently determined that the special audit was not reasonably warranted, the amount will be restored to the ASSOCIATION. The right to audit, as provided by this Section, shall be for a period of three (3) years from the date of submission of the financial report in question or any indication or notice to the CITY of any misappropriation or misapplication of funds by the ASSOCIATION, whichever is later. 80A-31 6.3. The ASSOCIATION will establish and maintain on a current basis an adequate accrual accounting system in accordance with generally accepted accounting principles and standards. The system shall detail all costs chargeable to the DISTRICT under this Agreement and shall substantiate all such costs, meeting acceptable standards for major public entities in Southern California and complying with any applicable Federal standards. The system shall meet the minimum fiscal and internal control requirements as reasonably determined by the CITY. TNST TR AN('.F. ASSOCIATION shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of this agreement, including any extensions thereto. The policies shall state that they afford primary coverage. 7.1.1 General Liability with minimum limits of at least $1,000,000 combined Premises/Operations and Personal Injury coverage is required. The City of Santa Ana, its directors, commissioners, officers, employees, agents and volunteers must be endorsed on the policy as additional insured as respects liability arising out of the ASSOCIATION's performance of this Agreement. A. If ASSOCIATION employs other contractors as part of its performance under this agreement, Contractor's Protective Coverage is required. ASSOCIATION may insure all subcontractors under its own policy or shall procure and furnish separate insurance for each subcontractor, meeting the requirements set forth herein. B. Blanket Contractual Coverage. C. Personal Injury and Advertising Coverage. 7.1.2 ASSOCIATION shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. Compliance is accomplished in one of the following manners: A. Provide copy of permissive self-insurance certificate approved by the State of California; or B. Provide a copy of permissive self-insurance certificate approved by the State of California; or C. To the extent that the ASSOCIATION has employees, the ASSOCIATION shall secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of 80A-32 subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Agreement; or D. Provide a signed statement certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. 7.1.3 ASSOCIATION shall procure and maintain at its own expense a policy covering its Directors & Officer Liability with minimal limits of $1,000,000. 7.1.4 Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to CITY, and that coverage is primary to any other coverage available to CITY. 7.1.5 Prior to commencement of performance, ASSOCIATION shall furnish CITY with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by CITY. CITY may require complete, certified copies of any or all policies at any time. 7.2 Failure on the part of the ASSOCIATION to procure or maintain required insurance shall constitute a material breach of contract under which CITY may immediately terminate this agreement. 7.3 The City Manager of the CITY is hereby authorized to modify the insurance requirement of this Section as he or she may deem appropriate from time to time. NOTICES 8.1. All notices, plans, or reports permitted or required under this Agreement shall be in writing, and shall be deemed made when personally delivered to the following persons as provided in this Agreement. Additionally, such notices shall be deemed made 48 hours after deposited in the U.S. Mail, first class postage prepaid and addressed to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CITY OF SANTA ANA 20 Civic Center Plaza M-25 Santa Ana, California 92701 Attention: Deputy City Manager of Development Services 80A-33 DOWNTOWN INCOPORATED Santa Ana, CA 92701 President RESERVED. 10. NONDISCRIMINATION. 10.1. The ASSOCIATION represents and agrees that it does not and will not discriminate against any employee or applicant for employment because of political affiliation or opinion, age, ancestry, marital status, physical condition, pregnancy or pregnancy-related condition, race, religion, color, sex, sexual orientation, national origin or medical condition. 11. GENERAL PROVISIONS. 11.1. Assi nment. Neither this Agreement, nor any interest herein, shall be assigned by any party without the prior written consent of the other party. 11.2. Independent Contractor. It is agreed and understood that the ASSOCIATION is a wholly independent contractor. This Agreement is not intended and shall not be construed to create the relationship of agent, employee, servant, partnership, joint venture or association as between the CITY and the ASSOCIATION. Neither the CITY nor its agents shall have control over the conduct of the ASSOCIATION except as set forth herein. The CITY shall have no liability or responsibility for payment of any wage or benefits to the ASSOCIATION'S employees, for whom the DISTRICT shall bear sole responsibility and liability. 11.3. Default of Contractor. In the case of default by the ASSOCIATION in providing any service, or in performing this Agreement, the CITY may, in addition to all other remedies it may have, including but not limited to termination of the Agreement and/or filing of a suit at law or equity, obtain such services from other sources and deduct the cost thereof from any costs due or thereafter owing to the ASSOCIATION relating to such items or to otherwise claim and collect such costs. 11.4. Indemnity. The ASSOCIATION shall indemnify and hold the CITY harmless and defend, with counsel acceptable to the CITY, the CITY and every officer, employee and agent of the CITY, from any and all claims, causes of action, damages to persons or property, penalties, obligations, liabilities or financial losses, including, without limitation, attorney's fees and court costs arising directly or indirectly from any or all negligent or other wrongful acts, errors or omissions of the ASSOCIATION, its agents, employees and subcontractors in the performance of this Agreement. 80A-34 11.5. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof. This Agreement may only be modified in writing signed by both parties. 11.6. Governing_Law. This Agreement shall be governed by the laws of the State of California. 11.7. Time of Essence. Time is of the essence of each and every provision of this Agreement. ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney CITY OF SANTA ANA By: David N. Ream City Manager DOWNTOWN INCORPORATED By: Its: 80A-35 LOAN AGREEMENT This AGREEMENT is entered into this day of , 2009 among the City of Santa Ana, a charter city, duly organized and existing under the Constitution and laws of the State of California, (hereinafter "City"), the Community Redevelopment Agency of the City of Santa Ana, a public body, corporate and politic, and Downtown Incorporated, a California non- profit corporation, (hereinafter "Downtown, Inc."). RECITALS A. On December 15, 2008 the City Council of the City of Santa Ana established the Downtown Community Management District (the "CMD") to promote economic revitalization and physical maintenance of Downtown Santa Ana through the levy, collection and expenditure of funds. B. Pursuant to state law, governmental agencies such as the City and Agency which own property within an assessment district must be assessed for special benefits conferred upon such governmental properties. C. The first assessments for the CMD will not be received and be available for use in the district until January 2010 and is in the interest of the property owners in the district that some of the programs called for under the Management District Plan begin in the first half of Fiscal Year 2009-2010. D. The board of directors of the CMD, including the City and Agency have been requested to loan an amount equal to the estimated first year assessment to Downtown, Inc., who shall be the management entity for the district under agreement with the City (the "Management Agreement"). E. The loans shall be repaid by Downtown, Inc in accordance with this Agreement and a promissory note. NOW THEREFORE, for good and valuable consideration the parties agree as follows: 1. City and A enc~bli ation. City and Agency shall loan to Downtown, Inc. the sums of $ (the "City Loan") and $ (the "Agency Loan") (collectively, the "Loan Proceeds") secured by Downtown, Inc.'s execution of the Promissory Notes attached hereto as Exhibit 1 & 2 and incorporated herein by this reference. 2. Use of Funds Repayment Acceleration. The Loan Proceeds shall be used by Downtown, Inc. for purposes consistent with the Management Agreement. Downtown, Inc. shall repay City Loan and Agency Loan on or before June 30, 2014. Notwithstanding the foregoing, in the event the annual assessments for the Page 1 80A-36 CMD are not renewed in any year, the loans shall immediately become due and payable at the point on September 1 of that year. 3. Non-Waiver. Failure to exercise any right any party hereto may have or be entitled to, in the event of a default hereunder, shall not constitute a waiver of such right or of any other right in the event of a subsequent default. Defaults. Failure or delay by Downtown, Inc. to perform any term or provision of this Agreement which is not cured within thirty (30) days after receipt of notice from the City and Agency constitutes a default under this Agreement; provided, however, if such default is of a nature requiring more than (30) days to cure, the defaulting party shall avoid default by commencing to cure within such thirty (30) day period and thereafter diligently pursuing such cure to completion. 6. Governing Law. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Orange, State of California. 7. Amendment of Agreement. No modification, rescission, waiver, release or amendment of any provisions of this Agreement shall be made except by written agreement executed by the parties hereto. 9. Assignment by Downtown Inc Prohibited. In no event shall Downtown, Inc. assign or transfer any portion of this Agreement without the prior express written consent of City's and Agency's City Manger and Executive Director, respectively, which consent may be given or withheld in City's and Agency's sole and absolute discretion. No assumption of the City's and Agency Obligations shall be permitted at any time. This section shall not prohibit City's and Agency's right to assign all or any portion of its rights to the proceeds of the Notes hereunder. 10. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental thereto, and supersedes all prior negotiations, discussions and previous agreements between concerning all or any part of the subject matter of this Agreement. [Signatures provided on next page] Page 2 80A-37 ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney ATTEST: Patricia E. Healy Secretary APPROVED AS TO FORM: Joseph W. Fletcher Agency Counsel CITY OF SANTA ANA David N. Ream City Manager COMMUNITY REDEVELOPMENT AGNECY OF THE CITY OF SANTA ANA Cynthia J. Nelson Executive Director DOWNTOWN, INC. By: lts: Page 3 80A-38 CITY PROMISSORY NOTE Santa Ana, California $ .00 2009 FOR VALUE RECEIVED, the undersigned Downtown Incorporated, a California non-profit corporation, ("Borrower"), promises to pay to the City of Santa Ana, a charter city and municipal corporation, ("City"), or order, at 20 Civic Center Plaza, Santa Ana, California, 92701, or such other location as the holder hereof may designate, the sum of $ ,without interest pursuant to the terms of that certain Loan Agreement entered into by and between the Borrower and City dated , 2009, which are incorporated herein as if set forth in full by this reference (the "Agreement"). "Borrower" By: Its: Page 4 80A-39 AGENCY PROMISSORY NOTE Santa Ana, California $ .00 2009 FOR VALUE RECEIVED, the undersigned Downtown Incorporated, a California non-profit corporation, ("Borrower"), promises to pay to the Community Redevelopment Agency of the City of Santa Ana, a public body corporate and politic, ("Agency"), or order, at 20 Civic Center Plaza, Santa Ana, California, 92701, or such other location as the holder hereof may designate, the sum of $ ,without interest pursuant to the terms of that certain Loan Agreement entered into by and between the Borrower and the Agency dated , 2009, which are incorporated herein as if set forth in full by this reference (the "Agreement"). "Borrower" By: Its: Page 5 80A-40