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HomeMy WebLinkAbout FULL PACKET_2012-09-04MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUGUST 20, 2012 CLOSED SESSION MEETING CALLED TO ORDER HERITAGE MUSEUM OF ORANGE COUNTY 3101 W. HARVARD ST. SANTA ANA, CA 5:22 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tens P. DAVID BENAVIDES MICHELE MARTINEZ SAL TINAJERO (5 :32 p.m.) COUNCILMEMBERS Absent: CARLOS BUSTAMANTE VINCENT F. SARMIENTO STAFF Present: PAUL M. WALTERS, City Manager SONIA R. CARVALHO, City Attorney ROSE ANN TRUJILLO, Sr. Deputy Clerk of the Council PUBLIC COMMENTS — None Council recessed to the Quilter's Cottage for discussion at 5:23 p.m. CLOSED SESSION ITEMS The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1A CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION pursuant to Government Code Section 54956.9(c) CITY COUNCIL MINUTES 1 AUGUST 20, 2012 1 0A -1 Anticipated litigation against Saddleback Inn, LLC and The Elks Building Association of Santa Ana regarding the property located at 1660 East First Street, Santa Ana, 1 B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Confidential Association of Santa Ana (CASA) CLOSED SESSION REPORT — See Item 19A for Report. ADJOURNED THE CLOSED SESSION MEETING AT 6:21 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 AUGUST 20, 2012 1 0A -2 REGULAR SESSION CALLED TO ORDER HERITAGE MUSEUM OF ORANGE COUNTY 3101 W. HARVARD ST. SANTA ANA, CA 6:24 P.M. ATTENDANCE MAYOR PULIDO COUNCILMEMBERS Present MIGUEL PULIDO, MAYOR CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES MICHELE MARTINEZ SAL TINAJERO COUNCILMEMBERS Absent: CARLOS BUSTAMANTE VINCENT SARMIENTO STAFF Present: PAUL M. WALTERS, City Manager SONIA R. CARVALHO, City Attorney ROSE ANN TRUJILLO, Sr. Deputy Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO PRESENTATIONS Candace Chromy, Executive Director, Heritage of Orange County Museum gave a welcome message to the City Council and Community. CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to Orange Stake, Church of Jesus Christ of the Latter -day Saints, Brickman Landscape, and ArborWell Tree Service for providing volunteers to help with exterior and interior repairs and improvements at the Heritage Museum and to Rain Bird; Ewing Irrigation; Robert's Waste and Recycling; and B & M Equipment for providing the necessary tools and supplies needed for the improvements and repairs. CITY COUNCIL MINUTES 3 AUGUST 20, 2012 1 0A -3 PUBLIC COMMENT • Apolonio Cortes (Spanish speaker)- member of SACReD, shared support for the sunshine ordinance and creation of healthy families; pride in City residency, desire for better quality of life and participation in decision making; reported on having over 1500 signatures on petition; referenced the 7 components of proposed ordinance, and named endorsements of various organizations; and voiced that it was time to make a decision on the matter. • George Garcia — commented on the Bloomberg philanthropy "Mayors Challenge "; encouraged City to compete and expressed interest in working with City staff. • Bobi Keenan — expressed support and lends herself to the sunshine ordinance, expressed concerns regarding Councilmember Bustamante's absence at City Council meetings. • Jeff Dickman - indicated that there were many supporters of the sunshine ordinance present; asked questions relative to approval timeline and schedule; encouraged identifying issues and work with SACReD so City can take step to approve the ordinance. • Jules Rochielle - guest artist and resident, came to support SACReD; social contract and urged Council to keep matter in forefront. • Madelleine Spencer — supporter of sunshine ordinance, discussed the open calendar point, laws, propositions, legal opinions, government code related to ordinance; asked for support/approval of ordinance; commended Council for actions already taken. • Moises Munoz Plas — supports sunshine ordinance, lifelong resident; worked with community organizers and SACReD. • Isaac Michaca — sunshine ordinance supporter; conveyed the importance to stakeholders and community. CLOSED SESSION REPORT City Attorney Carvalho reported that two items were discussed, and City Council gave direction on matters listed. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items (10A -22B, 25C, 25D, 25E, 25G, 25H and 251 ) with the following modifications: • Councilmember Martinez pulled Agenda Items 25B and 25F for separate discussion and abstained on 25G due to campaign contributions to her State Assembly race; and • Excuse the absence of Councilmember Sarmiento from the City Council and Successor Agency Meetings. MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Tinajero (5) CITY COUNCIL MINUTES 4 AUGUST 20, 2012 1 0A -4 NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Bustamante (2) ADMINISTRATIVE MATTERS MINUTES 10A MINUTES FROM THE SPECIAL MEETING OF AUGUST 1, 2012 - Clerk of the Council Office MOTION: Approve Minutes. 10B MINUTES FROM THE REGULAR MEETING OF AUGUST 6, 2012 - Clerk of the Council Office MOTION: Approve Minutes. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT — City Attorney's Office BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT ACCEPTING REAL ESTATE FRAUD TRUST FUNDING — Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013 -014 - Recognizing Orange County Real Estate Fraud Trust funds of $18,000 into Poli(;e Special Revenue account and appropriate same into the Police Special Revenue — General expenditure account for the reimbursement of costs associated with investigating real estate fraud. CITY COUNCIL MINUTES 5 AUGUST 20, 2012 1 0A -5 20B APPROPRIATION ADJUSTMENT ACCEPTING FY 2011/12 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND — Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013 -012 - Recognizing FY 2011/12 Supplemental Law Enforcement Services Funds in the amount of $275,138.44 into the revenue account and appropriate same into the expenditure accounts. 20C APPROPRIATION ADJUSTMENT ACCEPTING ADDITIONAL FY2011 HOMELAND SECURITY GRANT PROGRAM FUNDS — Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013 -019 - Recognizing additional FY 2011 Urban Areas Security Initiative funds in the amount of $300,000 in revenue account and appropriate same in the FY 2011 Urban Areas Security Initiative Program Grant expenditure accounts. 20D APPROPRIATION ADJUSTMENT ACCEPTING ORANGE COUNTY TRANSPORTATION AUTHORITY FUNDS FOR THE SENIOR MOBILITY PROGRAM - Parks, Recreation & Community Services Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013 -010 - Accepting $247,665 in the Orange County Transportation Authority Senior Mobility Program revenue account and appropriate funds to the Senior Mobility Program expenditure accounts. PROJECTS /CHANGE ORDERS 23A CONTRACT AWARD FOR CENTENNIAL PARK WATERFOWL SANCTUARY AND THORNTON PARK WETLANDS RESTORATION (PROJECT NOS. 096037 & 096038) - Public Works Agency MOTION: CITY COUNCIL MINUTES 6 AUGUST 20, 2012 1 0A -6 1. Award a contract to Green Giant Landscape, Inc. the lowest responsible bidder, in accordance with unit bid prices for estimated amount of $151,104, for construction of Centennial Park Waterflow Sanctuary and Thornton Park Wetlands Restoration (Cienega de las Ranas) 2. Approve Funding Analysis with a total estimated construction cost of of $196,360. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013 -009 - Recognizing $172,064 in the Parks Acquisition & Development Fund and appropriating this amount as matching funds fo the Centennial Park Waterfowl Sanctuary and Thornton Park Wetlands Restoration projects. 23B CONTRACT AWARD FOR SANTA ANA REGIONAL TRANSPORTATION CENTER IMPROVEMENTS (PROJECT NO. 126063) — Public Works Agency MOTION: 1. Award a contract to Joud Construction Company, Inc. the lowest responsible bidder, in accordance with the bid quantity prices in the amount of $91,170 for construction of the Santa Ana Regional Transportation Center Improvements. 2. Approve Funding Analysis with a total estimated construction cost of $118,519. AGREEMENTS 25A FEDERAL GOVERNMENT LIAISON SERVICES - With The Ferguson Group for an annual amount not to exceed $75,000 - City Manager's Office Continued from the July 2, 2012 City Council meeting by a vote of 6 -0 ( Bustamante absent) Considered at the August 6, 2012 City Council meeting to approve by a vote of 2 -0 (Martinez, Benavides, No; Bustamente, Sarmiento and Tinajero absent), motion failed; and to continue matter to August 20, 2012 meeting by a vote 2 -0 (Alvarez, Pulido, No; Bustamente, Sarmiento and Tinajero absent) motion failed CITY COUNCIL MINUTES 7 AUGUST 20, 2012 1 0A -7 MOTION: Continue consideration of matter to the September 4, 2012 City Council Meeting. MOTION: Continue consideration of matter to the September 4, 2012 City Council Meeting. MOTION: Martinez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante, Sarmiento (2) MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non - substantive changes approved by the City Manager and City Attorney and /or actions as noted on the Request for Council Action report. (Items, 25C, 25D, 25E, 25G, 25H, and 251) 25C AGMT NO. 2012 -173 - AMENDMENT - ANIMAL LICENSE FEE COLLECTION PROGRAM - With Civic Collections, Inc. for an additional amount of $15,975 for a total contract amount of $115,975 - Police Department 25D AGMT NO. 2012 -174 - AMENDMENT - CABLING SERVICES - With PCC Network Solutions for a one -year period in an amount not to exceed $45,000 per year - Finance & Management Services 25E AGMT NO. 2012 -175 - AMENDMENT - INTERNET ACCESS SERVICES - With Cogent Communications, Inc., to exercise an option for the second extension to the existing agreement for a term of three years in an amount not to exceed $150,000 - Finance & Management Services CITY COUNCIL MINUTES 8 AUGUST 20, 2012 illyx;� MOTION: Continue consideration of matter to the September 4, 2012 City Council Meeting. MOTION: Martinez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante, Sarmiento (2) 25G AGMT NO. 2012 -176 - AMENDMENT - CONCESSION SERVICES AT THE SANTA ANA STADIUM - With Karmina Restaurant for a term through August 31, 2014 - Parks, Recreation & Community Services Agency *Councilmember Martinez recused herself from vote on Item 25G due to receiving campaign contributions to her State Assembly race, and left the dais 25H AGMT NO. 2012 -177 - ADVANCED TRAFFIC MANAGEMENT SYSTEM AND COMMUNICATION SYSTEMS ON -CALL REPAIR SERVICES - With Crosstown Electrical & Data, Inc. for a three -year agreement with an option to extend the contract for two one -year renewals in an amount not to exceed $50,000 per year - Public Works Agency 251 AMGT NO. 2012 -178 - TELEPHONE SERVICE REIMBURSEMENT - With the State of California, Employment Development Department in an amount not to exceed $37,816 - Community Development Agency * *END OF CONSENT CALENDAR ** CITY COUNCIL MINUTES 9 AUGUST 20, 2012 1 0A -9 BUSINESS CALENDAR ITEMS ORDINANCES /FIRST READING 50A RESOLUTION AND ORDINANCE - RELATING TO THE ENFORCEMENT OF PARKING REGULATIONS AND TRAFFIC CONTROL - Police Department Council discussion ensued. Mayor Pro Tern Alvarez, Councilmembers Martinez and Benavides expressed concerns, additional information and questions regarding item. Mayor Pulido commented on mechanisms used to communicate the change. City Manager /Police Commissioner Walters and Santa Ana Police Deputy Chief Rojas provided responses to Council's concerns and questions. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2012 -038 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING PARKING CONTROL ENFORCEMENT CONTRACTORS TO PERFORM PARKING ENFORCEMENT AND TRAFFIC CONTROL SERVICES 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NS -2837 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE RELATING TO ENFORCEMENT OF PARKING CONTROL REGULATIONS AND TRAFFIC CONTROL SERVICES MOTION: Martinez SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Bustamante (2) CITY COUNCIL MINUTES 10 AUGUST 20, 2012 1 0A -10 RESOLUTIONS 55A RESOLUTION APPROVING RELOCATION PLAN FOR THE GRAND AVENUE WIDENING PROJECT BETWEEN FIRST AND FOURTH STREETS (PROJECT NO. 081732 - NONGENERAL FUND) - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2012 -039 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR THE GRAND AVENUE WIDENING PROJECT BETWEEN FIRST AND FOURTH STREET (PROJECT NO. 08 -1732) MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Bustamante (2) ADMINISTRATIVE MATTERS REPORTS 65A REPORT ON CITYWIDE RECORDS RETENTION AND DESTRUCTION POLICY - City Manager, Clerk of the Council and City Attorney Offices City Attorney Carvalho provided updated policy as prepared by BBK Law Firm and informed Council that she would begin working with the Clerk of the Council to update the City's policy. Mayor Pro Tern directed City Manager to place item back on agenda for next City Council meeting as an 85A and requested a moratorium on City records destruction until the policy has been updated. City Manager Walters concurred. MOTION: Receive and file report MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Tinajero CITY COUNCIL MINUTES 11 AUGUST 20, 2012 1 0A -11 NOES: ABSTAIN: ABSENT: AGENDA ITEM TAKEN OUT OF ORDER 19B EXCUSED ABSENCES 5) None (0) None (0) Sarmiento, Bustamante (2) MOTION: Excuse the absence of Councilmember Sarmiento from the August 20, 2012 City Council and Successor Agency meetings. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Alvarez Alvarez, Benavides, Tinajero (5) None (0) None (0) Sarmiento, Bustamante (2) Martinez, Pulido, Mayor Pro Tern asked to revisit Item 65A to ensure that no destruction of records take place until the policy has been updated and to make part of motion. Mayor Pulido requested that the record reflect such direction (without a re- consideration of motion). RECESSED THE CITY COUNCIL MEETING AND CONVENE TO THE SUCCESSOR AGENCY MEETING AT 7:10 P.M. CITY COUNCIL MEETING RECONVENED AT 7:11 PM WITH ALL MEMBERS PRESENT WORK STUDY SESSION WSA SANTA ANA - BUILDING HEALTHY CHOICES City Manager introduced Gerardo Mouet, Executive Director, Parks, Recreation & Community Services Agency; Director Mouet showed a video "Santa Ana Building Healthy Choices ", and highlights are as follows: CITY COUNCIL MINUTES 12 AUGUST 20, 2012 1 0A -12 Our Challenge • Existing Recreational Open Space Ratio o 0.9 acres per 1,000 population • Santa Ana Municipal Code o Section 35 -108 — indicates "Development of parks.... shall be sufficient to provide two(2) acres per one thousand (1000) population in the city" New City Park Sites (6 New Projects) New Private /Non - Profit Parks (2 New Projects) New Bike Trail Improvements (3 New Projects) New Joint Use Sites (5 New Projects) New City Park Sites • Pacific Electric - 1.39 acres • McFadden Triangle - 0.78 acres • Fairview Triangle - 0.3 acres • 17th Street Site -0.66 acres • Edna Park - 1.97 acres • Centennial Park (Fire Training Facility) - 3.51 acres • Private Park on Standard and McFadden - 0.66 acres • Latino Health Access Park -0.58 acres • Flower Street Bike Trail - 1 mile (Phase I - .5 and Phase II - .5) • Memory Lane Bike Lane -.5 miles • Bristol Street Bike Lane - .75 miles • Garfield Community Center - .48 acres & Two story building • Willard Intermediate Park - 4.55 acres • Roosevelt/Walker Elementary Park -2.7 acres • Monte Vista Elementary School - 4.6 acres • Madison Park Community Garden -.13 acres A New Ratio • 1.48 acres per 1,000 population How we fix things in the parks • General Maintenance Staff • Contracts Resources Available • PRCSA addresses park repairs in two ways o Agency Staff ■ 5 General Maintenance Workers ■ 1 General Maintenance Leader ■ 1 Contract Administrator Contract Services • $100,000 General Fund available CITY COUNCIL MINUTES 13 AUGUST 20, 2012 1 0A -13 • $500,000 was available in the General Fund a few years ago Resources Available • Request for repairs are received from various sources The Contract Administrator prioritizes work based on the following criteria: • Health & Safety — Immediate /Agency Priority • Safety & Preventative Maintenance • Routine Assignments • General Maintenance Staff • Work that can be repaired in less than 2 or 3 days Contracted Out • Work that is complicated • Needs special equipment • Will take over 3 days Current Needs • Two General Maintenance Worker position vacant and needs to be filled • Ideal funding for Contract Services $500,000 to contract repair work Communication Process • The Community Services Supervisors are the community's first point of contact on anything related to parks, trails, recreation centers, programs, and services. Mayor Pulido left the meeting at 7 :22 p.m. and Mayor Pro Tern Alvarez assumed the Chair. CITY COUNCIL MINUTES 14 AUGUST 20, 2012 1 0A -14 COMMENTS 90A CITY MANAGER'S COMMENTS — City Manager Walters invited everyone to tour the Heritage Museum; thanked Museum for hosting and Councilmember Tinajero for suggesting location. 90B CITY COUNCILMEMBER COMMENTS Councilmember Tinajero • State he was impressed when first visiting the Museum and was interested in giving the facility exposure to community; and • Thanked SACReD supporters that were present and reassured that staff continues to work on sunshine ordinance; proposed adoption date of September 17tH Councilmember Benavides • Thanked the Heritage Museum for hosting meeting; promoted museum's website and thanked Councilmember Tinajero for suggesting location; • Indicated that steps are being taken by Council for community proposed sunshine ordinance; pointed out "Upcoming Agenda Items" list on the Council agenda and noted that sunshine ordinance is listed; • Appreciates the diversity of the public speakers; • Encouraged all to visit the City's website; explained Nixel" link and recommended signing up to receive communication from the City; and • Thanked all for being supportive of City and shop in Santa Ana. Councilmember Martinez • Thanked museum for hosting meeting; • Reflected on personal /professional growth since first being elected to City Council; • Spoke about City's vision, and made suggestion to City Manager to do outreach with Community prior to having City Council retreat; • Noted that sunshine ordinance is on upcoming agenda items list; process is transparent, staff is working hard to assure accuracy; hope to have a draft at September 17th meeting; • Invited everyone to a "Walk and Talk" event at Memorial park, 5:30 p.m. on Wed. sponsored by her; • Remarked on Councilmember Bustamante's absences from Council meetings affect in resolving important Council matters; requested resignation; and have respect for his personal matter; • Shared her experience at Disaster Preparedness training at NALEO, which was not paid by City; discussed learning first responder's role as CITY COUNCIL MINUTES 15 AUGUST 20, 2012 1 0A -15 elected officials; and stressed the importance of being prepared for an emergency as a Community. Mayor Pro Tern Alvarez • Requested update from City Attorney on the FPPC conflict of interest matter regarding Councilmembers Martinez and Sarmiento; asked that the PBID Item be placed on September 4, 2012 Council meeting agenda as an 85A, as well as the Downtown Inc. budget item; • Made mention of Santa Ana Unified School District as a very important entity and joint use participant; reflected on past challenges with Godinez and Discovery Science, with Mayor having led through issues along with good leadership and much help of others; • Complimented Museum on improvements; offered City's assistance and thanked for hosting; announced a forthcoming Mendez exhibit; • Congratulated the SACReD group on success in proposing ordinance and process; echoed fellow Councilmembers comments regarding transparency and; asked SACReD to go out and boast about Santa Ana and great things happening in the City. ADJOURNED: 8:16 p.m. - The next meeting of the City Council is scheduled for Tuesday, September 4, 2012 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Rose Ann Trujillo Sr. Deputy Clerk of the Council UPCOMING AGENDA ITEMS • Tow Truck Franchises • Enforcement Permit Ordinance • Economic Development Ordinance • Update on Local Streets and Roadwork • Sunshine Ordinance • Go Local Project - Action items • Discovery Science Center - Expansion approvals • Academy High School — Approvals • Paramedic Services Agreement CITY COUNCIL MINUTES 16 AUGUST 20, 2012 1 0A -16 TLJ 8/9/12 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE RELATING TO ENFORCEMENT OF PARKING CONTROL REGULATIONS AND TRAFFIC CONTROL SERVICES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Article XI, Section 7 of the California Constitution and California Government Code Section 37100 provide the City of Santa Ana with authority to enact local ordinances to protect the health, safety, and welfare of its residents. B. The City has determined that certain City services, including the parking control regulations, certain traffic control operations and park ranger services, may be provided on a cost effective basis by contractors with the knowledge and skill necessary to provide those services. C. Currently, Chapter 36 of the Santa Ana Municipal Code authorizes officers of the police department of this city, or such officers as are assigned by the Chief of Police, to direct all traffic and enforce all traffic laws of this city. D. The City has contracted for parking control enforcement and traffic control services and intends to contract for park ranger services, as it has insufficient employee staffing to perform such services. E. Therefore, the City Council has deemed it necessary that the City authorize its contracted parking control staff and contracted park rangers to enforce and issue citations for violations of Santa Ana Municipal Code parking regulations as are designated by the Chief of Police or the City Manager, and to direct or regulate traffic as is deemed necessary and as authorized by the Chief of Police or City Manager Ordinance No. NS -XXX Page 1 of 4 11 A -1 F. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 36 -27(a) of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 36 -27. Violations; penalty; appearance; bail. (a) Officers of the police department, or such employees, agents, or contractors as are assigned by the chief of police or city manager, are authorized to take the number of any vehicle or thing parked, placed, ranked, stored, or left in violation of any of the provisions of this Code; the state vehicle license of such vehicle; the time and date of such overparking; and the make of such vehicle; and to issue, in writing, a citation for said violation in the same form and subject to the same procedure provided for by the ordinances of the city and the laws of the state applicable to the traffic violation within the city. Section 3. Section 36 -30 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 36 -30. - Authority of officers. (a) Officers of the police department, or such employees as are assigned by the chief of police or city manager, are authorized to enforce all traffic laws of this city, and all of the vehicle code sections applicable in this city. (b) Officers of the police department, or such employees, agents, or contractors as are assigned by the chief of police or city manager, are authorized to enforce the parking regulations imposed under this Code. Section 4. Section 36 -31 of the Santa Ana Municipal Code is hereby amended, such that it reads as follows: Sec. 36 -31. Authority to direct traffic — Emergency authority. Ordinance No. NS -XXX Page 2 of 4 11 A -2 Officers of the police department, or such employees, agents, or contractors as are assigned by the chief of police or city manager, are authorized to direct all traffic by voice, signals or other devices in conformance with traffic laws, provided that in the event of fire or other emergency, officers of the police department, or such employees, agents, or contractors as are assigned by the chief of police or city manager, may direct traffic as conditions require, notwithstanding the provisions of the traffic laws. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof. ADOPTED this day of , 2012 Ordinance No. NS -XXX Page 3 of 4 Miguel A. Pulido Mayor 11 A -3 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney LIM Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Ordinance No. NS -XXX Page 4 of 4 Clerk of the Council City of Santa Ana 11 A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2012 TITLE: CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT .�) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the submittal of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its regular meeting on August 21, 2012, by a vote of 7:0, the Community Redevelopment and Housing Commission recommended: (1) to receive public comment on the Consolidated Annual Performance and Evaluation Report for fiscal year 2011 -12 and (2) that City Council authorize submittal of the Consolidated Annual Performance and Evaluation Report to the U. S. Department of Housing and Urban Development. DISCUSSION The Consolidated Five Year Plan is a comprehensive planning and application document that covers the four entitlement grants that the City receives annually from the U. S. Department of Housing and Urban Development (HUD). The Plan outlines a strategy for using the four grants and other resources to meet community needs as they were identified in the Plan. These four entitlement grants are Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), HOME Investment Partnership (HOME), and Housing Opportunities for Persons with AIDS (HOPWA). The Plan also identifies five -year numeric goals for meeting the identified community needs that the jurisdiction will seek to achieve during the period covered. As part of the Consolidated Plan process, the City is required to submit annually a Consolidated Annual Performance and Evaluation Report (CAPER) (Exhibit 1). The CAPER describes the activities and accomplishments for these federal entitlement grants during fiscal year 2011 -2012. It also reports the City's success in achieving the five -year objectives that are established in the Plan. Fiscal year 2011 -2012 is the second year covered by the 2010/11 - 2014/15 Consolidated 19C -1 CAPER September 4, 2012 Page 2 Five Year Plan. The following table summarizes in broad categories the accomplishments achieved towards meeting the identified five -year objectives. The details for each category can be found in Exhibit 4 of the CAPER. Note: In addition to the services noted above the Santa Ana Housing Authority provide Housing Choice Voucher Rental Assistance to 2812 households. The City's Helicopter program also provided anti -crime services on a city -wide basis. The U.S. Department of Housing and Urban Development (HUD) regulations require that the CAPER be available for a 15 -day public review period prior to being submitted to HUD. On August 5, 2012, a public notice was published in the Orange County Register, La Opinion, and Nguoi Viet News indicating that the draft report would be available for review beginning August 6, 2012. The draft CAPER was also available for public review on the City's website. All comments received have been included in the final document submitted to HUD, which is due no later than September 30, 2012. 19C -2 5 Yr Goal FY FY 2 -Year Percent Objective FY 10 -15 10 -11 11 -12 Total Achieved Housing Services Owner- Occupied 108 21 14 35 32% Renter - Occupied 185 11 34 45 24% Code Enforcement Services Owner - Occupied 7442 2737 1800 4537 61% Renter - Occupied 8000 1005 1176 2181 27% Homeless Services Prevention 1437 345 250 595 41% Shelter 5730 934 1017 1951 34% Supportive 13000 1962 1256 3218 25% Permanent Supportive Housing 300 1 61 56 117 39% Special Needs Services Elderly 3750 1360 2418 3778 101% Disabled 100 0 478 478 478% Public Services Low- Income 20000 4955 4819 9774 49% Capital Improvements Projects Facilities 12 3 6 9 75% Infrastructure 5 1 6 7 140% Note: In addition to the services noted above the Santa Ana Housing Authority provide Housing Choice Voucher Rental Assistance to 2812 households. The City's Helicopter program also provided anti -crime services on a city -wide basis. The U.S. Department of Housing and Urban Development (HUD) regulations require that the CAPER be available for a 15 -day public review period prior to being submitted to HUD. On August 5, 2012, a public notice was published in the Orange County Register, La Opinion, and Nguoi Viet News indicating that the draft report would be available for review beginning August 6, 2012. The draft CAPER was also available for public review on the City's website. All comments received have been included in the final document submitted to HUD, which is due no later than September 30, 2012. 19C -2 .. . September 4, 2012 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Nancy T. EcRards Interim Execbtive Director Community Development Agency NTE /SLB -TE /kg Exhibit: 1. CAPER Report 19C -3 19C -4 r 08/23/2012 CITY OF SANTA ANA CONSOLIDATED ANNUAL PERFORMANCE P EVALUATION REPORT Community Development Block Grant HOME Investment Partnership Program Emergency Shelter Grant Housing Opportunities for Persons with AIDS American Dream Downpayment Initiative PROGRAM YEAR 2011 - 2012 JULY 1, 2011 THROUGH JUNE 30, 2012 & SUMMARY OF FIVE -YEAR ACCOMPLISHMENTS PREPARED BY: COMMUNITY DEVELOPMENT AGENCY 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 Mike Linares, Inc. Exhibit 1 19C -5 CITY OF SANTA ANA 2011-2012 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT TABLE OF CONTENTS I. EXECUTIVE SUMMARY ....................................................................................... ..............................1 II. Summary of Resources & Distribution of Funds ........................................ ..............................5 Ill. General CAPER Narratives A. Assessment of 5 -Year Consolidated Plan Goals & Objectives .............. ..............................7 B. Affirmatively Furthering Fair Housing .................................................. .............................11 C. Affordable Housing ............................................................................... .............................15 D. Continuum of Care Narrative ............................................................... .............................19 E. Other Actions ....................................................................................... .............................22 F. Leveraging Resources ........................................................................... .............................28 G. Citizen Comments ................................................................................ .............................29 H. Self- Evaluation ...................................................................................... .............................30 I. Monitoring ............................................................................................ .............................34 IV. CDBG Narrative Statements A. Relationship of CDBG Funds Goals & Objectives ................................. .............................36 B. Changes in Program Objectives ........................................................... .............................38 C. HUD Approved Neighborhood Revitalization Strategies or EZ /EC Annual ProgressReport ................................................................................... .............................41 D. Section 108 Loan Guarantee ................................................................ .............................41 V. HOME Narrative Statements A. Relationship of HOME Funds to Goals & Objectives ............................ .............................42 B. Match Report ....................................................................................... .............................42 C. Minority & Women Business Contracts and Subcontracts ................. .............................43 D. Additional Assessments ....................................................................... .............................43 VI. HOPWA Narrative Statements A. Relationship of HOPWA Funds to Goals & Objectives ......................... .............................45 B. Part 1 -A: HOPWA Executive Summary ................................................ .............................46 C. Part 1 -B. Annual Performance under the Action Plan ........................ .............................48 D. Part 1 -C: Barriers or Trends Overview ................................................. .............................50 E. Part II: Accomplishment Data - Chart 1 & Chart 2 .............................. .............................51 F. HOPWA CAPER Chart 3 Measuring Housing Stability Outcomes ......... .............................52 G. HOPWA Outcomes on Access to Care and Support ............................. .............................53 08/23/2012 19C -6 VII. ESG Narrative Statements A. Assessment of Relationship of ESG Funds to Goals & Objectives ....... .............................55 B. Matching Resources ............................................................................. .............................57 C. Activity and Beneficiary Data ............................................................... .............................57 D. Homeless Discharge Coordination ....................................................... .............................57 VIII. Exhibits Exhibit 1 Map of City of Santa Ana CDBG Target Area, Maps of Minority Concentration Exhibit 2 Public Hearing /Comment Period Proof of Publication & Summary of Public Comments Exhibit 3 Consolidated Annual Performance & Evaluation Report (IDIS Report # PR06) Exhibit 4 HUD Consolidated Plan Tables Exhibit 5 HUD Outcome Measurement Tables (IDIS Reports #PR 80-85) Exhibit 6 2011 -2012 Planned versus Actual Accomplishments (By Grant Source) Exhibit 7 CDBG Activity Summary Report - GPR (IDIS Report # PR03) Exhibit 8 CDBG Financial Summary Report (IDIS Report #PR 26) Exhibit 9 Summary of Accomplishments Report (IDIS Report #PR 23) Exhibit 10 HOME Annual Performance Report (HUD Form 4107) Exhibit 11 ESG Statistics for Projects Report (IDIS Report #PR 19) 08/23/2012 i i i 19C -7 08/23/2012 Intentionally Blank 19C -8 EXECUTIVE SUMMARY The City of Santa Ana is the recipient of federal Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons with AIDS ( HOPWA) funds.' The U.S. Department of Housing and Urban Development (HUD) awards these funds to the City on a formula basis. As a recipient of these funds, the City is required to prepare a five -year strategic plan that identifies housing and community needs, prioritizes these needs, identifies resources to address needs, and establishes annual goals and objectives to meet these needs. This five -year strategic plan is known as the Consolidated Plan. In addition to updating the Consolidated Plan on an annual basis, via an annual Action Plan, the City of Santa Ana is required to provide the public and HUD with an assessment of its accomplishments utilizing these funds at the end of each fiscal year. This annual assessment is known as the Consolidated Annual Performance and Evaluation Report (CAPER). This document provides a review and evaluation of the City's performance for the 2011 -2012 Fiscal Year (or report period), the second year of the 2010 -2014 Consolidated Plan cycle. The 2011 -2012 report period began July 1, 2011 and ended June 30, 2012. This report summarizes the City's accomplishments for the CDBG, HOME, ESG and HOPWA programs and includes a summary of the progress the City has made to meet the Consolidated Plan's five -year goals. The CAPER also incorporates a summary of public comments received by the City during a 15 -day comment period held from August 6, 2012 through August 20, 2012. Also included in this document are reports generated by HUD's Integrated Disbursement and Information System (IDIS). These HUD reports provide information that has been entered into the national database and summarize the City's accomplishments for the 2011 -2012 report period. During the 2011 -2012 report period, the City continued its efforts to address the priority housing and community needs identified in the 2010 -2014 Consolidated Plan. For example, the City's supply of affordable housing was expanded and upgraded during the report period. Funding from various federal, state and local sources was used to complete the rehabilitation of 14 owner - occupied housing units.2 Additionally, HUD's American Dream Downpayment Initiative (ADDI) was ' As Orange County's most populous city, Santa Ana is the recipient of HOPWA funds on behalf of the entire Orange County region. Z 14 units were rehabilitated with CDBG and no units were rehabilitated with HOME. 08/23/2012 1 19C -9 used to assist one household purchase a home, and Neighborhood Stabilization Program (NSP) funds were used to purchase, rehabilitation and resell 19 housing units (two of these households also received NSP- funded homebuyer assistance). With respect to rental housing, during the report period, a Community Housing Development Organization (CHDO) received HOME funding to complete the acquisition and rehabilitation of 34 rental- housing units. During 2011 -2012, the Housing Authority of the City of Santa Ana (SAHA) provided Rental Assistance to 2,812 Low - Income households. Additionally, the needs of Santa Ana's homeless were addressed with the use of ESG funds: ■ 180 Santa Ana residents received assistance that prevented them from becoming homeless ■ 796 Santa Ana homeless individuals benefited from ESG- funded emergency shelter programs ■ 89 residents accessed transitional housing and services ■ 855 homeless individuals received some form of ESG- funded supportive services The housing needs of homeless persons with special needs (e.g., the elderly, disabled, victims of domestic violence, and persons with HIV /AIDS) were also met by activities funded by the City. On a regional basis, HOPWA funds were utilized to provide permanent housing opportunities for 50 individuals — other HOPWA- funded activities assisted 656 individuals with HIV /AIDS. The community needs of Santa Ana were also addressed during the 2011 -2012 report period: • The Planning and Building Agency received approximately $1,250,000 for code enforcement activities - these efforts aimed to ensure minimum health and safety standards for residential properties in target neighborhoods • CDBG funds were re- allocated from the purchase of fire suppression equipment to the improvement of public facilities /fire stations that serve CDBG - eligible neighborhoods • The City's aerial surveillance program helped ensure a safe community • Funds were allocated to undertake various street and park improvement projects Finally, the City continued to address the human service needs of the community via public service. Public services funded by the City during the 2011 -2012 report period were aimed at assisting Low and Moderate - income households: • During the report period over 4,800 youths and parents were provided services that included education and recreation programs. • Programs such as delivering meals to homebound seniors addressed the needs of 1,196 Santa Ana seniors As required by HUD, the amount of federal grant funds expended by the City during the 2011 -2012 report period are listed in Table 1.3 3 ADD[ is identified as a separate federal grant; however, it is a "set- aside" program under the HOME program. 08/23/2012 19C -10 TABLE 1— FEDERAL HUD GRANTS 2011 -2012 GRANT AWARD FEDERAL AmOUNT ExPENDED 1 2011-2012 1 Community Development Block Grant $6,216,745 $6,060,069 1 HOME Investment Partnership Grant $2,295,965 $5,115,494 2 HOME American Dream Downpayment Initiative $0 NA 3 Emergency Solutions Grant (1" allocation/ 2" Allocation) $301,897/$169,817 $290,190 4 ESG Reprogrammed Funds (from prior years) $579 NA 3 Housing Opportunities For Persons With AIDS (HOPWA) $1,540,447 $1,477,6915 Housing Opportunities for Persons With AIDS — Prior Yr $26,899 NA 3 TOTAL $10,552,349 $12,217,415 - Dd�CU VII IVU ICf7VIL rRLo UdLLU Ub /LV /LV14 2. Based on IDIS report PROS as of 08/09/2012; includes ADDI funds 3. Anticipated funds were expended as part of "Amount Expended during 2011 - 2012" 4. Based on IDIS report PROS as of 08/09/2012 5. Based on IDIS report PROS as of 08/09/2012 HUD funds were expended on activities aimed at meeting the many challenges faced by the City of Santa Ana, that is, to preserve and create a quality living environment for all residents, and to address the City's community vision as delineated in the 2010 -2014 Consolidated Plan. This CAPER also evaluates the City's efforts to meet priority need goals identified in the Consolidated Plan - 2011 -2012 is the second year of the 2010 -2014 Consolidated Plan cycle. Exhibit 4 is comprised of several HUD tables that provide a summary of five -year accomplishments. DEFINITIONS OF INCOMES HUD requires that the City track and report accomplishments based on the household income of program beneficiaries. Income categories are based on the median income for Orange County, which equaled $85,300 for a family of four in 2012. Income categories used throughout this document are defined as follows: • Extremely Low - Income: household income between 0% and 30% of the area median income • Very Low- Income: household income between 31% plus and 50% of the area median income • Low - Income: household income that ranges from 51% plus to 80% of the area median income. Some HUD reports refer to all households with incomes under 80% of the area median income as "Low- and Moderate - Income. ") • Middle - income: HUD has designated this new income category for households participating in certain programs funded with NSP. Middle- income households have an income in excess of 80% but no greater than 120% of the county median income 08/23/2012 3 19C -11 ■ Moderate - income: Some funding sources (i.e., local Redevelopment funds) allow the City to assist households with higher incomes, typically up to 120% of the area median income. The term "lower income" household or individual may also be used when referencing accomplishments. This is a generic term used to reference households /individuals with incomes that range from 0% to 80% of the county median income. In most situations, HUD funded programs are limited to persons with incomes of 80% of the area median income (adjusted for family size). The income limits listed below (Table 3) were utilized to qualify /report HUD funded activities during the latter part of the report period. As allowed by HUD, the City chose to use HUD's "uncapped" income limits to qualify CDBG- funded activities on an area wide basis and used HUD's "Adjusted" income limits for HOME and CDBG activities that are client income - based. Table 2 provides a comparison of the two income limits. TABLE 2 - 2012 HUD INCOME LIMITS SIZE 1 Person Z Persons 3 Persons 4 Persons MAXIMUM $53,950 $61, 650 $69,350 $77,050 "UNCAPPED" INCOME MAXIMUM $53,950 $61,650 $69,350 $77,050 "ADJUSTED" INCOME FAMILY SIZE Persons 6 Persons MAXIMUM $83,250 $89,400 $95,550 $101,750 "UNCAPPED" INCOME MAXIMUM $83,250 $89,400 $95,550 $101,750 "ADJUSTED" INCOME "Adjusted" Income limits effective 12/01/2011 "Uncapped" income limits effective 01/25/2012 08/23/2012 4 19C -12 II. SUMMARY OF RESOURCES AND DISTRIBUTION OF FUNDS HUD requires that the City identify the federal funds that were available during the report period that were used to further the objectives and goals of the City's Consolidated Plan. The City must also outline how these funds were committed and expended. Table 3 provides this information. TABLE 3— USE OF HUD FUNDS 2011-2012 PROGRAM YEAR CDBG HOME •. $301,897 Entitlement Grant $6,216,745 $2,295,965 1 " Allocation $1,540,447 $169,817 2nd Allocation Program Income $42,803 $189,660 $0 $0 Funds Committed $7,963,588 2 $2,553,6613 $1,567,346 4 $302,476 4 Funds Expended* $5,567,819 s $5,115,494 6 $1,477,690 6 $290,190 6 { riguies ds ui uo /vyI20i2 ano are suojeci to change. 1. No additional ADDI funds were allocated to the City in 11 -12; however, prior year ADDI funds were spent during the 11 -12 report period and are included in HOME "Funds Expended" total. 2. Based on IDIS PR08 report dated 08107/2012; may include program income. 3. Based on IDIS PR22 report dated 08/09/2012.r 4. Based on IDS PR02 report dated 08/09/12. s. Based on IDIS PR26 report dated 08/09/2012; may include program income. 6. Based on IDIS PR05 report as of 08/09/2012; may include program income. Additionally, the City is required to identify the geographic distribution of federal funds utilized during the report period. ■ CDBG program funds were expended based on program criteria. For example, public services were available on a citywide basis for qualified beneficiaries; fair housing and program administration activities were also carried out on a citywide basis. Housing code enforcement and community development projects (e.g., street and park improvement projects) were carried out in the City's Low- and Moderate - Income Area; i.e., areas of the City where the majority of residents meet HUD's Low- and Moderate - Income definition - see EXHIBIT 1 - MAP LOW /MOD AREA & AREA OF MINORITY CONCENTRATION MAPS. ■ HOME funds were utilized to support housing rehabilitation activities for Very Low - Income homeowners and tenants. To qualify for these funds an evaluation of household income was undertaken. • ESG funding was used to support programs that helped prevent homelessness or that assisted those already homeless with emergency /transitional housing and related support services. To ensure only eligible households were assisted, each program participant was required to document their risk of homelessness or reason for homelessness. • HOPWA funding was limited to activities that assisted persons living with HIV /AIDS and immediate family (as applicable). HUD also requires the City to indicate if resources were utilized to benefit areas with racial /ethnic minority concentrations. Based on 2010 Census Bureau race /ethnicity estimates, Santa Ana is over 78% Hispanic /Latino; this population resides throughout the City. The second largest minority population in Santa Ana is Asian, which comprise approximately 10.5% of the City's population. 08/23/2012 5 19C -13 Asian households are mainly concentrated in the City's west -side and south -end areas. Maps showing the concentration of these minority populations in relation to the City's Low /Moderate Income areas are provided in EXHIBIT 1. 08/23/2012 19C -14 III. GENERAL CAPER NARRATIVE CDBG, HOME, HOPWA and ESG funds are awarded to the City by HUD's Community Planning and Development (CPD) division. As a recipient of these funds the City is required to prepare a CAPER at the end of each fiscal year. The City has prepared this CAPER for the recently completed 2011- 2012 Program Year, which began July 1, 2011 and ended on June 30, 2012. A. Assessment of 5 -Year Consolidated Plan Goals & Objectives The 2010 -2014 Consolidated Plan was developed through a citizen participatory process and identified the City's housing and community needs, prioritized these needs, and established five - year objectives and annual goals aimed at addressing priority needs. The goal of the Consolidated Plan was to improve the quality of life for all Santa Ana residents with an emphasis on the City's lower income households. HUD defines a lower income household as a household earning no more than 80% of the county's median income, adjusted for family size .4 EXHIBIT 3 provides a summary of the City's activities undertaken during the 2011 -2012 report period to address priority housing and community development needs. 1. Activities Undertaken to Address Goals and Objectives EXHIBIT 4 provides an overview of activities undertaken by the City during the 2010 -2014 Consolidated Plan timeframe, including accomplishment information for the recently concluded 2011 -2012 Program Year — the second year of the five -year cycle. In recent years HUD has implemented an outcomes performance management system that requires communities that receive HCD funds to link accomplishment data more directly to goals and objectives delineated in the Consolidated Plan. To this end, HUD has recommended that several tables be incorporated into the City's CAPER. These tables are incorporated into this performance report as EXHIBIT 5. 2. Use of CPD Grant Funds Table 4 lists the amount of CPD funds that were allocated to the City by HUD for the 2011 -2012 report period. Additionally, the City received $42,802.72 in CDBG program income and $189,659.30 HOME program income during the report period. No program income was generated by HOPWA or ESG funded activities. Table 4 also delineates the amount of HCD funds committed 4 Orange County's 2012 median income is $85,300 for a family of 4 — HUD's uncapped 80% income limit for a family of 4 is also $85,300. 08/23/2012 7 19C -15 to eligible activities during the report period and the respective amounts of grant funds expended during the report period.5 Finally, Table 4 provides a summary of "Resources" made available during the report period - including non -HUD funds. This table compares the source and amount of funds the City "Planned" to receive during the 2011 -2012 report period versus the amount actually received. TABLE 4 - 2011 -2012 PLANNED VERSUS ACTUAL RESOURCES HUD RESOURCES Community Development Block Grant (CDBG) ANTICIPATED AmOUNT $6,216,745 RECEIVED $6,216,745 CDBG Program Income $0 $42,803 CDBG Prior Year Program Income $0 $0 CDBG Reprogrammed Funds $0 $0 HOME Investment Partnership Program (HOME) $2,295,965 $2,295,965 American Dream Downpayment Initiative' $0 $0 HOME Program Income $0 $189,660 Emergency Solutions Grant (ESG) 2 $301,897 $471,714 ESG Prior Year $579 $5793 Housing Opportunities for Persons With AIDS (HOPWA) $1,540,447 $1,540,447 Housing Opportunities for Persons With AIDS (HOPWA) —Prior Yr $26,899 $26,899 3 SUBTOTAL NON-HUD • Santa Ana Redevelopment Agency Low - Income Housing Set -Aside Fund $10,382,532 • AmOUNT $13,497,905 $10,784,812 ACTUAL RECEIVED $12,642,971 CalHome 4 $900,000 $40,000 Ryan White Part A Emergency Relief Grant Program & Minority AIDS Initiative Grant Programs (Countywide AIDS funding) $5,842,000 $6,043,650 SUBTOTAL $20,239,905 $18,726,621 TOTAL $30,622,437 $29,511,433 1. No new ADDI funds allocated during the report period; however the City did utilize prior year funds to carry out activities during 2011 -2012. 2. Actual receives is the sum of first allocation ($301,897) plus second allocation ($169,817). 3. Anticipated amount of "Prior Year" funds were committed during the 11 -12 report period. 4. "Anticipated Amount" equals prior year allocation; "Actual Received" equals amount spent during 11 -12. 5 Other than the CDBG program, HUD's Integrated Disbursement and Information System (IDIS) does not allow the City to accrue HOME, HOPWA or ESG expenditures at year -end. IDIS is a national accomplishment and financial reporting system that the City must use to report planned /actual accomplishments and the expenditure of federal grant funds. IDIS expenditure reports for HOME, HOPWA and ESG funds may include expenses accrued from the prior report period and may exclude some 2011 -2012 expenses. 08/23/2012 19C -16 3. Progress Toward Meeting Goals and Obiectives As previously indicated, EXHIBIT 4 provides a summary of the City's progress toward meeting five - year goals. Since 2011 -2012 was the City's second year of the 2010 -2014 Consolidated Plan cycle, it is reasonable to set a 40% goal attainment rate as a test for program progress (i.e., at the end of two years programs should have already met approximately 40% of respective five -year goals). Housing Program Goals At the end of 2011 -2012, HOME - funded housing goal for renter units has met 25.7% of five -year goals (five -year goal of 175 - 45 assisted after two years). No rental units have been assisted with CDBG funds (five -year goal is to assist at least ten units). With respect to accomplishments for owner - occupied housing activities, after two years of efforts 32.4% the five -year goal has been met (planned assistance for 108 units; 35 assisted). Overall, after two years the City has met 27.3% of its five -year Consolidated Plan housing goals. With respect to housing accomplishments by tenure, as outlined above, the City has so far met 32.4% of its owner occupied housing goal. It has also met 24.3% of its rental housing five -year goals. With respect to the incomes of assisted units, the data indicates that the City's owner occupied housing programs are not focused on one income category but have assisted households in all three Low- and Moderate - Income groups. Conversely, the City's rental housing programs have primarily focused on households with incomes below 50% of the area median income.6 The primary reason for the latter accomplishment is the City's intentional focus of limited housing resources on assisting households at the lowest income levels (0% to 50% of median income). The majority of resources committed for rental housing have been utilized by Community Housing Development Organizations (CHDOs). The primary mission of CHDOs is to create affordable housing opportunities for households with Extremely Low- and Very Low - incomes. Detailed housing accomplishment information is provided in EXHIBIT 4. During the 2011 -2012 report period, a major source of funding originally identified in the City's Consolidated Plan was lost. The state legislature and the governor took action to eliminate redevelopment financing throughout California. In addition to funding significant non - housing improvements, redevelopment funds were a significant funding source for affordable housing financing. In addition to the loss of project /program funding, the City lost significant resources staffing. State law allows the City to see to completion certain projects that had enforceable agreements in place but once completed all redevelopment activity will cease. The loss of redevelopment will undoubtedly have an impact on the City's ability to meet Consolidated Plan goals. While the City dealt with the loss of redevelopment funding, it was able to utilize ADDI and Neighborhood Stabilization Program (NSP) resources to assist qualified households purchase homes. NSP regulations allow the City to assist households with incomes up to 120% of the area 6 It is important to note that as required by HUD, housing accomplishments must be reported based on the income of the tenant occupying assisted units; however, many of these units are subject to affordability covenants that allow units to be rented to residents with higher incomes (up to 50% of median income). 08/23 /2012 9 19C -17 median income. During the report period, City used ADDI funds to assist one household purchase a home. NSP funds were used to assist with the acquisition, rehabilitation and the resale of 19 housing units. Two of these households also received NSP- funded down payment assistance. Homeless Program Goals With two -years of homeless assistance accomplishment data it is now possible to begin measuring if the City is on track to meet five -year goals established in the Consolidated Plan. After two years of program efforts it appears the City will meet or exceed Consolidated Plan goals for transitional housing having so far assisted 173 individuals (five -year goal is to assist 350 individuals). Conversely, based on two years of program efforts, the City is off pace to meet Consolidated Plan goals for homelessness prevention services, emergency housing, and permanent housing. Exhibit 4 provides information regarding these homeless program efforts in table format. Based on feedback from homeless service providers, the primary reason program goals are lagging is the ongoing economic recession. Current program participants are requiring larger subsidies for a longer period of time. As a result, many clients have remained in programs for longer than anticipated thus reducing the number of clients agencies can assist. Unfortunately, this trend may continue for some time. With a local unemployment rate of 12.6 %, it is extremely difficult for individuals with little or no work experience to obtain jobs that pay a livable wage.' Community Improvement Program Goals With Fiscal Year 2011 -2012 program efforts it appears the City will meet and exceed both pubic infrastructure and public facility improvement Consolidated Plan goals. During the report period the City completed a total of 12 infrastructure or facility projects. In addition to these completed projects, the City had another 17 projects at various stages of construction. Exhibit 4 provides more details regarding project completed during the 2011 -2012 report period. Finally, Consolidated Plan goals for public services also appear to be on track to be met or exceeded (see Exhibit 4). ' Source: "June 2012 Preliminary Data Not Seasonally Adjusted," State of California Employment Development Department, July 20, 2012. 08/23/2012 10 19C -18 B. AFFIRMATIVELY FURTHERING FAIR HOUSING Santa Ana participated in the preparation of a regional Analysis of Impediments (AI) to Fair Housing as the primary means to affirm fair housing opportunities in the community. The regional Al was a joint effort of the Fair Housing Council of Orange County (FHCOC), the County of Orange, and Orange County jurisdictions that receive funds from HUD. HUD regulations require that an AI be prepared in conjunction with the Consolidated Plan cycle (i.e., at least every five years). The current regional Al was updated in 2010, and covers the time period of program years 2010 -2011 through 2014 -2015. The Al identified impediments to fair housing choice on a regional basis and outlined strategies regional partners implemented to overcome identified fair housing impediments. In compliance with federal regulations the following information is provided with respect to actions taken during the report period to affirmatively further fair housing. 1. Actions to Affirmatively Further Fair Housina As a means to affirm fair housing opportunities, the Al identifies regional impediments and an action plan to address impediments. It is important to note that not all of the impediments delineated in the Al were present in Santa Ana during the report period. 1. Housing Discrimination: Housing discrimination may be under reported, therefore, the number of complaints may not accurately measure the extent of this fair housing impediment. A review of available data indicated complaints are mainly related to disability (35 percent), race and color (20 percent) and national origin (14 percent). 2. Real Estate Advertising: This impediment refers to print advertisements for the sale /rental of a dwelling that indicates a preference, limitation or discrimination based on race, color, religion, sex, marital status, national origin, ancestry, familial status, disability, sexual orientation, or source of income. A review of relevant data (online and newspaper print ads) found about 8 percent contained questionable language. The overwhelming majority of the questionable language was "No Pets" which occurred in 14.8 percent of the ads. Other questionable language included "near church /school." 3. Hate Crimes: A hate crime is defined as "a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim: disability, gender, nationality, race or ethnicity, religion, sexual orientation, association with a person /group with one or more of these actual or perceived characteristics. 4. Unfair Lending: This impediment refers to underwriting, marketing and pricing that discriminates because of income, race or ethnicity of the residents in the area where the property is located. Evaluation of 2008 Home Mortgage Disclosure Act (HMDA) data found there was disparities in loan approval /denial rates among racial and ethnic borrowers, in particular, Hispanic applicants have higher loan denial rates than White, Non - Hispanic borrowers. 5. Zoning Policies and Practices: Federal and state fair housing laws require all local governments to affirmatively further fair housing opportunities. One way is to make reasonable 08/23/2012 11 19C -19 accommodations in building, land use, and housing when necessary to afford disabled persons an equal opportunity to use and enjoy a dwelling. 2. Actions to Overcome Identified Impediments During the 2011 -2012 report period the City undertook the following actions (on its own or in cooperation with regional partners) to overcome the impediments to fair housing choices identified in the regional Al: ■ Santa Ana contracted with FHCOC to provide comprehensive educational and enforcement programs to City residents. Actions taken during the 2011 -2012 report period included: Fair Housing Community Education — During 2011 -2012 the FHCOC participated in 51 education and /or outreach activities, reaching a culturally and ethnically diverse audience, in which we made participants aware of fair housing laws and our counseling services, including those to help them improve their readiness for a home purchase ■ Fair Housing Enforcement — FHCOC staff responded to 71 housing discrimination complaints that resulted in the opening of a case file; seven of these cases involved the City of Santa Ana. Housing Dispute Evaluation & Resolution — On a regional basis, activities provided by FHCOC included assisting more than 5,060 unduplicated regional - households. Of these 839 unduplicated households were from Santa Ana. On a regional basis, FHCOC conducted 101 paired, on -site, systemic tests for discriminatory housing practices. These were split between 24 tests of for -sale real estate brokerage transactions and 77 rental housing transactions. ■ FHCOC's website currently has an on -line housing discrimination complaint reporting tool that generates an e-mail to FHCOC. It is often used for complaints for other, non - discrimination, housing - related issues. In 2011 -2012 FHCOC engaged the services of an information technology consultant to improve its computer -based capabilities. As part of this effort, the website will be upgraded to help further differentiate between the discrimination and non - discrimination complaints. Information regarding the process of investigating and resolving complaints will be added. ■ On an occasional basis, advertising for Orange County rentals listed on Craigslist were monitored for discriminatory content. Any discriminatory advertisements were either flagged as prohibited, responded to in order to inform the poster of possible discriminatory content, brought to the attention of Craigslist via abuse@craigslist.org , or referred to FHCOC's investigators for possible enforcement action. Other on -line rental sites were sporadically monitored; however, the lack of a text search function made monitoring of other sites more time consuming and less feasible. Without exception the identified problematic postings indicated restrictions with regard to children under the age of 18 or improper preference for seniors or 'older adults' for housing opportunities that did not appear qualify as housing for older persons (age 55 and over). 08/23/2012 12 19C -20 ■ An analysis of calendar year (CY) 2008 Home Mortgage Disclosure Act (HMDA) Data was presented in the Regional Al. At the time that analysis was begun, CY 2008 data was the most recent data available. Although CY 2009 data became available in September 2010, and CY 2010 data became available in September 2011, during the 2010 -2011 and 2011 -2012 PYs, respectively, FHFOC budget and staffing constraints prevented an analysis of that data. Data for CY 2011 is about to become available (Sept. 2012) and FHCOC will endeavor to do an analysis of some basic aspects for comparison against 2008 data. ■ During 2011 -2012, FHCOC was active in efforts intended to promote housing affordability within Orange County. It provided services and /or outreach to organizations involved in the creation, preservation or facilitation of affordable housing. These included the Kennedy Commission, the Mental Health Association of Orange County, the Aids Services Foundation, the Affordable Housing Clearinghouse, Jamboree Housing Corporation, Orange County Congregations Community Organizations, and Orange County Community Housing Corporation. ■ In response to the surge of foreclosures (many of which involve sub -prime or so- called "innovative" mortgage products), FHCOC has obtained federal funding to specifically counsel distressed borrowers to assist them in avoiding foreclosures and to preserve or achieve housing affordability. Many of these households are lower- income minorities and immigrants. On a regional basis, FHCOC provided counseling to more than 250 households facing issues of mortgage default and foreclosure during 2011 -2012. These activities helped households retention newly achieved homeownership that helps lessen concentrations of poverty. ■ During the 2011 -2012 report period, FHCOC continued to offer fair housing training sessions that were open to all local government staff. In the 2012 -2013 Fiscal Year, FHCOC will send notices to city staff to inform of the availability of training. City staff who attend the training will receive certification of their attendance. ■ The FHCOC provided written fair housing related materials in English, Spanish and Vietnamese to local jurisdictions and other service providers. FHCOC also undertook specific outreach efforts to immigrant populations in low- income neighborhoods to assist by informing and organizing such populations. It is estimated that more than 1,000 limited English proficiency households were served during the past 12 months. FHCOC also continued to implement activities under a Fair Housing Initiatives Program (FHIP) grant. These program efforts specifically targeted fair housing services to immigrant communities, especially immigrants with limited English proficiency. Program efforts included a fair housing testing program that sought to involve members of immigrant populations with limited English proficiency, both for purposes of enforcing fair housing laws as testers and as a vehicle to increase outreach to those populations. ■ Through its foreclosure prevention activities FHCOC assisted individuals with limited English proficiency who had received loans with documents, all prepared in English, that had terms that were different from what they believed or were informed they were obtaining, or of which they 08/23/2012 13 19C -21 had less than a full understanding. Materials were made available in Spanish; materials in other languages will be provided as resources allow. ■ As part of the Fair Housing Action Plan developed in conjunction with the Regional Al, FHCOC provided technical assistance to cities that have identified public sector impediments in the following areas: • Family definition inconsistent with fair housing laws • Lack of a definition of disability • Lack of a reasonable accommodation procedure • Lack of zoning regulations for special needs housing • Lack of a fair housing discussion in zoning and planning documents • Compliance with HUD AFFH requirements The technical assistance consisted of providing background information on the above impediments and model ordinances or regulations that adequately addressed the fair housing concerns posed by the impediments. FHCOC is working with partner cities to identify other public sector impediments and will provide needed or requested technical assistance to ameliorate impediments. 08/23/2012 14 19C -22 C. AFFORDABLE HOUSING 1. PROGRESS IN MEETING SPECIFIC OBJECTIVES FOR PROVIDING AFFORDABLE HOUSING: Respectively, EXHIBIT 3 and EXHIBIT 5 provide overviews of the City's efforts to meet five -year and one -year affordable housing goals. Below, is a summary of specific housing accomplishments during 2011 -2012 report period utilizing all available funding sources (i.e., CDBG and HOME). Tables 5 through 8 also provide a comparison of planned five -year goals and actual five -year accomplishments. Extremely Low - Income renters & owner households: TABLE 5 Very Low- Income renters & owner households: TABLE 6 The SAHA also assisted approximately 2,812 Very Low - Income tenant households during the report period. Low - Income renters & owner households: TABLE % 08/23/2012 15 19C -23 Renter & owner households with incomes over 80% of area median income: TABLE 8 During the 2011 -2012 report period, the City continued to utilize NSP funds to assist with the rehabilitation and resale of foreclosed properties. A total of 19 units were assisted during the report period; five of these units were purchased by households with an income between 50% and 80% of the median income, ten households had incomes between 80% and 100% of median income, and four had incomes between 100% and 120% of the median income. These NSP accomplishments have not been incorporated into the tables above. In addition to the housing accomplishments listed above, 50 Orange County households living with HIV /AIDS were assisted with HOPWA- funded tenant based rental assistance during the 2011 -2012 report period. These HOWPA accomplishments have not been incorporated into the tables above. 2. NUMBER OF HOUSEHOLDS ASSISTED THAT MEET SECTION 215 DEFINITION OF AFFORDABLE HOUSING FOR RENTAL AND HOME OWNERSHIP In February 1998, a memorandum was issued by HUD that provided a definition of affordable housing per Section 215 of Title 11 of the Cranston - Gonzalez National Affordable Housing Act (the HOME Investment Partnerships Act). This memorandum directed HOME Participating Jurisdictions to the Code of Federal Regulations for the definition of Section 215 rental and homeownership housing (24 CFR 92.252, and 24 CFR 92.254 respectively). In summary, Section 215 housing is subject to the following: • All HOME - assisted renter - occupied units are subject to maximum rents, property standards and resident participation regulations. Other HOME requirements found in 24 CFR 92.252 must also be incorporated into respective rental housing home agreements. • All owner - occupied housing units purchased with HOME funds must be a primary residence and are subject to a maximum purchase price and resale provisions. During the 2011 -2012 report period one homebuyer was assisted with ADDI funds — ADDI- assisted units are subject to HOME Section 215 housing subject to 24 CFR 92.254. All rental units assisted with HOME funds during 2011 -2012 are subject to 24 CFR 92.252. 08/23/2012 16 19C -24 3. SUMMARY OF EFFORTS TO ADDRESS "WORST -CASE HOUSING NEEDS" HUD has defined worst case housing need as Low - income households who pay more than 50% of their income for housing, live in seriously substandard housing, are homeless, or have been involuntarily displaced. Santa Ana's 2010 -2014 Consolidated Plan identified 11,292 Santa Ana households that pay more than 50% of their income for housing. The 2010 -2014 Consolidated Plan also estimates that 22,656 housing units in the City are in substandard condition (i.e., either overcrowded or have incomplete plumbing or plumbing facilities). To address these "worst -case housing" needs the City supported the following program activities: ■ The Housing Authority of the City of Santa Ana provided rental assistance to lower income households in the community. During the report period, approximately 2,810 households were assisted with housing vouchers, valued at over $28.5 million for the fiscal year. ■ During the 2011 -2012 report period, the City utilized public resources to assist with the rehabilitation of 34 rental- housing units. The rehab of these units was funded with HOME. All of these units have restricted rents that are affordable to lower income households. ■ The City also continued to utilize CDBG funds to support its proactive Code Enforcement program. During the report period Community Preservation program staff responded to 814 violations covering 2,976 residential units (1,800 single - family and 1,176 multifamily). The valuation of improvements made by property owners directly linked to code enforcement activity exceeded $900,000. ■ Homeless individuals are also considered to experience "worst -case housing" needs. Determining the number of homeless in the City is difficult at best. The City's 2010 -2014 Consolidated Plan estimated 1,925 homeless reside in the City. The County of Orange estimated that over 21,479 homeless (and at -risk) individuals reside in the region. During the 2011 -2012 report period, Santa Ana continued to support numerous activities to meet the needs of its homeless population. These activities are discussed in detail in the Continuum of Care narrative below. 4. SUMMARY OF EFFORTS TO ADDRESS HOUSING NEEDS OF PERSONS WITH DISABILITIES The housing needs of individuals with disabilities were also addressed through various means during the report period. • The City's housing rehabilitation programs are designed to respond to the needs of individuals with disabilities and limited mobility needs. Wheelchair ramps, wider doors, grab bars, and lower counter tops are examples of eligible property improvements for persons with disabilities or with limited mobility. No units were rehabilitated during the report period that included "accessibility" improvements. 08/23/2012 17 19C -25 ■ With respect to rental housing units the City did require property owners to comply with Fair Housing Act regulations to ensure reasonable accommodations in rules, policies, practices and /or procedures when necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. ■ During the 2011 -2012 report period funding and other approvals were received by the developer Vista Del Rio for construction of a multi -unit housing project specifically targeted for persons with disabilities. Construction of the project is underway and will be reported as completed in a future year -end report. ■ The Mental Health Association of Orange County assisted 801 chronically homeless individuals with outreach and treatment services. Outreach included referrals to appropriate housing. ■ Mercy House provided emergency shelter (during cold /wet weather) to over 377 individuals, most of who are chronically homeless and may also suffer with mental illness and /or substance addiction. • Housing services were also provided to persons with HIV /AIDS — a condition often considered a disability or special need. Fifty households were assisted with long -term rental assistance. Additionally, 82 individuals benefited from HOPWA- funded transitional housing and 118 accessed emergency housing and homelessness prevention assistance. 08/23/2012 18 19C -26 D. CONTINUUM OF CARE NARRATIVE HUD has placed significant emphasis on addressing the needs of the nation's homeless through a Continuum of Care system. A Continuum of Care (CoC) is a comprehensive and coordinated housing and service delivery strategy that responds to the different needs of homeless and at -risk individuals and families, and helps them attain self- sufficiency. As a recipient of CDBG, HOME, ESG and HOPWA funds, Santa Ana supported numerous public and nonprofit agencies that reach out to the homeless, bring them into the system of care, and facilitate their movement toward self - sufficiency. Actions undertaken during the 2011 -2012 report period are outlined below. Detailed summaries of HUD - funded activities are also found in IDIS reports incorporated into this performance report. 1. ACTIONS TAKEN TO ADDRESS THE NEEDS OF HOMELESS PERSONS & THE SPECIAL NEEDS OF PERSONS THAT ARE NOT HOMELESS BUT REQUIRE SUPPORTIVE HOUSING (INCLUDING PERSONS WITH HIWAIDS) Santa Ana provided ESG and HOPWA resources to nonprofit agencies and the County of Orange for homelessness prevention, emergency shelter, transitional housing, and supportive services as a means to implement the local and regional CoC. During the 2011 -2012 report period the City of Santa Ana provided financial support to the following agencies that provided supportive housing for homeless individuals and individuals with special needs: ■ Victims of domestic violence — Human Options, Interval House, Laura's House and Women's Transitional Living Centers provided crisis intervention services and emergency housing for Santa Ana residents that were victims of domestic violence. ■ Emergency Shelter — Mercy House provided emergency shelter for chronically homeless persons during cold /wet winter months; as indicated above, Human Options, Interval House, Laura's House and WTLC provided emergency shelter and support services for victims of domestic violence in need of immediate and safe housing. The Villas provided emergency shelter for women recovering from substance addiction. ■ Transitional Housing - Thomas House provided supportive services and transitional housing for homeless families. Additionally, Mercy House, Veterans First, and Wise Place provided transitional housing and supportive services for a variety of homeless populations including single men, single women, women with children, and persons with HIV /AIDS. ■ Permanent Supportive Housing — No new permanent housing opportunities were created for homeless Santa Ana residents during the report period with ESG or HOME funding; however, the SAHA earmarked ten housing assistance vouchers to a local shelter provider to assist clients graduating from transitional shelter to access permanent housing. ■ HIV /AIDS Housing — 50 households living with HIV /AIDS were assisted with tenant based rental assistance funded with HOPWA resources. HOPWA funds were also utilized to assist 82 individuals with transitional housing, 48 individuals with emergency housing assistance, 70 with 08/23/2012 19 19C -27 homelessness prevention assistance, and 456 with various supportive services (including housing coordination and housing placement services). 2. SUMMARY OF ACTIONS TAKEN DURING THE PROGRAM TO DEVELOP A CDC STRATEGY: Specific actions undertaken during the report period to assist the homeless through a system of care included the following: a. Actions taken to prevent homelessness - Santa Ana provided nonprofit homeless service providers with ESG funds during the report period in order to help prevent 180 Santa Ana residents from becoming homeless. On a countywide basis, HOPWA funds were utilized to assist 70 persons with HIV /AIDS from becoming homeless. b. Actions taken to address emergency shelter — ESG funds were utilized to provide emergency shelter and supportive services for the City's homeless. A total of 796 individuals were assisted during the report period with ESG funds. Grant funds were used to offset the operating costs for emergency shelter programs and to provide essential services for the homeless. On a countywide basis, HOPWA funds were utilized to assist 48 persons with HIV /AIDS with emergency shelter and supportive services. c. Actions taken to address transitional housing: HUD funding was used to provide transitional housing opportunities for 87 Santa Ana residents. Regionally, 82 individuals were assisted with HOPWA- funded transitional housing and support services during the 2011 -2012 report period. d. Actions taken to transition homeless into permanent housing: Providers of transitional housing are the key to preparing the homeless for self- sufficiency and movement into permanent housing. During the report period no CDBG or HOME funds were utilized to specifically provide permanent housing for the homeless. The SAHA has earmarked ten rental assistance vouchers to assist transitional shelter graduates attain permanent housing. On a regional basis, HOPWA resources were utilized to assist 50 households access and maintain permanent housing with tenant based rental assistance. e. Actions taken to address the needs of sub - populations, e.g. those living on the streets, and new funds such as CoC Super NOFA: Several homeless programs supported by the City of Santa Ana have an outreach component for special needs homeless sub - populations and the chronically homeless. These programs provide access to resources by referral and /or direct contact. These programs include: ■ Women's Transitional Living Center, Interval House, Human Options and Laura's House - program efforts focused on victims of domestic violence. ■ WISE Place — served the needs of homeless elderly and young emancipated women. 08/23/2012 20 19C -28 ■ Mental Health Association of Orange County - worked with the City's chronic homeless population, providing services and access to housing from a number of "street" locations throughout the City. ■ Mercy House staffed the Winter Armory Shelter program, provided night -time shelter, meals, and referral services to individuals living on streets, parks, cars, etc. ■ Veteran's First provided transitional housing and support services and housing for homeless veterans. ■ Orange County Health Care Agency - operated a proactive outreach program to assist homeless persons with HIV /AIDS living on the streets. A portion of this program was funded with HOPWA. ■ HOPWA Tenant Based Rental Assistance — Funding to assist individuals living with HIV /AIDS maintain independent living situations. Santa Ana did not apply for Continuum of Care Super NOFA funds in 2011 or 2012. No requests for Certification of Consistency with the City's Consolidated Plan were received by the City from NOFA applicants. The City of Santa Ana did participated in the development of the regional Continuum of Care strategy by providing valuable mainstream fund information and assigning key staff to participate in the Orange County Continuum of Care Community Forum. The Community Forum was responsible for identifying the gaps and priority needs for the County's 2011 and 2012 associated application for Super NOFA homeless funds. 08/23/2012 21 19C -29 E. OTHER ACTIONS 1. ACTIONS TO ADDRESS OBSTACLES TO MEETING UNDERSERVED NEEDS According to the City's 2010 -2014 Consolidated Plan, Santa Ana's underserved include the elderly, disabled, youth, homeless, and very low- income households. During the report period, the City continued its efforts to address the needs of these populations. These efforts included the following: ■ The City continued support for housing for the elderly and frail elderly. The housing needs of seniors were met though various means: there are 944 senior -only units in various senior housing projects throughout the City. The SAHA reports it provided rental assistance to 1,222 elderly households during the report period (plus an additional 478 disabled households). Additionally, Community SeniorSery provided daily meals to 1,196 homebound seniors and seniors congregating at the City's senior citizen centers. ■ As the administrator of HOPWA funds, the City continued its partnership with the Santa Ana Housing Authority and Orange County to provide tenant based rental assistance and other forms of emergency housing /utility assistance. Seventy individuals were assisted during the report period with homeless prevention services. Additionally, HOPWA funds assisted 48 individuals with emergency housing and 82 with transitional housing; 50 households received long -term tenant based rental assistance. Since affordable housing opportunities for persons with HIV /AIDS are limited throughout Orange County, Santa Ana staff continued efforts to identify permanent supportive housing for persons with AIDS. ■ The 2010 -2014 Consolidated Plan estimates there are 4,434 Santa Ana households with disabilities who are in need of housing. Building requirements for handicap - accessible units are costly. Due to these costs, developers have been reluctant to undertake the construction of new handicap - accessible units. Nonetheless, the City continued to encourage developers and property owners to build or modify units to meet accessibility needs, and ensured they complied with Fair Housing laws providing for reasonable accommodations. As noted earlier in this report, no housing units rehabilitated during the report period included improvements to assist persons with limited mobility; however, construction for a multi -unit housing project for persons with disabilities started during the report period. ■ Based on 2010 -2014 Consolidated Plan data it is estimated there are 1,925 homeless individuals in Santa Ana. Numerous programs were funded with ESG and HOPWA funds to assist these individuals. The number of persons assisted during the report period is highlighted throughout this report. ■ The City's housing and public service programs provided substantial resources to assist the community's Extremely Low - Income residents. Accomplishments are highlighted throughout this document. Examples include housing rehabilitation and rental assistance, public safety, education and nutrition programs. 08/23/2012 22 19C -30 2. ACTIONS TO FOSTER He MAINTAIN AFFORDABLE HOUSING As in past years Santa Ana leveraged federal funds with private, local Redevelopment, State, tax credit and bond funds in order to increase and preserve the City's supply of affordable rental housing. With the end of redevelopment, obtaining affordable housing resources will become more challenging; however, the City will continue to seek resources that can be used to further affordable housing opportunities. The City's owner - occupied housing rehabilitation programs have helped preserve housing units occupied by lower income households. Furthermore, homeownership opportunities for Low- and Moderate - income homebuyers were available via the City's participation in the ADDI program and NSP. HOPWA funds helped foster and maintain housing for persons with HIV and AIDS via homelessness prevention, emergency /transitional housing, and tenant based rental assistance programs. Additionally, the Santa Ana Housing Authority provided rental assistance vouchers to very -low income households. Participants in the Authority's Family Self- Sufficiency (FSS) program were provided classes on how to prepare for homeownership. Currently 43 families participating in FSS have escrow accounts with an average monthly deposit of $178. Cumulatively, escrows currently total $156,148. 3. ACTIONS TO ELIMINATE BARRIERS TO AFFORDABLE HOUSING The 2010 -2014 Consolidated Plan identified several barriers to the development of affordable housing including the following: • Governmental constraints such as property taxes, land -use controls (e.g., density and zoning restrictions), building codes, building permit fees, on- site /off -site improvement, prevailing wage regulations, and ADA compliance. • Market constraints primarily the availability, cost, and competition for land. Other constraints include limited funding sources, finance costs, and the costs of construction. Available land in the City mostly consists of small parcels that must be assembled for significant new construction projects. Relocation costs and housing replacement requirements for redeveloping improved properties also presents barriers to the development of affordable housing. ■ The region's rents have continued to increase. Higher rents limited the ability of some lower income households to obtain decent and affordable housing. Households with no or poor credit history are severely impacted. In an effort to mitigate these barriers the City of Santa Ana undertook the following actions during the report period: ■ Utilized public resources to fund the acquisition and rehabilitation of rental housing units CHDOs. This public assistance will result in lower rents for assisted units thus partially offsetting 08/23/2012 23 19C -31 the impacts of some of the barriers listed above. Additionally, CHDO ownership ensures long- term affordability and maintenance of housing units. ■ The City's Housing Authority conducted outreach to rental property owners to encourage participation in the rental assistance program. The Authority's staff also provided counseling to new /prospective tenants on the importance of building good credit history. Credit counseling was provided by the Consumer Credit Counseling Center, a local nonprofit agency. ■ While the City's Redevelopment Agency no longer exists, the City (via the Agency's successor) has been allowed to follow projects with enforceable agreements in place, to be completed. Phase 1 of the City's Station District will provide more than 100 newly constructed affordable rental housing targeted to Extremely low- and Very low- income households. Homeownership opportunities will also be created by Habitat for Humanity of Orange County who will construct 17 new homes on scattered sites. These accomplishments will be reported in future CAPERS as the units come to fruition. 4. ACTIONS TO OVERCOME GAPS IN INSTITUTIONAL STRUCTURES & ENHANCE COORDINATION The City worked closely with local institutions to initiate programs that link economic incentives with neighborhood and community development objectives. These efforts included building relationships with neighborhood associations, community based lending agencies, nonprofits, and educational institutions. The City also supported programs aimed at enhancing coordination among various City departments. Examples of actions undertaken during the report period to overcome gaps and enhance coordination included the following: ■ The City's Workforce Investment Act (WIA) advisory board played a key role in developing employment opportunities for lower income Santa Ana residents. The WIA board is comprised of various community leaders representing private employment, education, social services and government. This diversity in the board's representation ensures that the community's workforce needs are identified and addressed through a variety of public and private resources. This advisory board also brings key community contacts together resulting in enhanced coordination of program delivery and resource utilization. ■ The City participated in the meetings to create the region's 10 -Year Plan to End Homelessness, Continuum of Care Community Forum, and the HIV Planning Council. Through this participation the City can ensure barriers created by regional institutional structures that address the needs of the homeless and individuals with HIV /AIDS are identified and addressed through the coordinated use of limited funds. 08/23/2012 24 19C -32 The City sought to encourage home ownership opportunities to promote neighborhood stability. Even with historically low median purchase price of homes, homeownership still remains a challenge for households earning less than 80% of county median income.$ The sub -prime mortgage industry crash has also made it difficult for lower income buyers to qualify for a mortgage. In response to the corresponding increase in mortgage defaults and foreclosures Congress created the Neighborhood Stabilization Program (NSP). The primary objective of NSP is to stabilize neighborhoods that have been distressed by abandoned and foreclosed properties. Between 2008 and 2009, the City received two NSP awards of $5,795,151 and $10,000,000. In Fiscal Year 2010 -1011, the City received a third NSP grant award for $1,464,113. During 2011 -2012 these funds were used to acquire, rehabilitate and subsequently sell 19 housing units to qualified buyers. HUD has created a separate reporting system for NSP funds. Reports regarding the use of Santa Ana's NSP funds may be viewed on the City's website at http: / /www.santa - ana.org /cda /nsp.asp. ■ The City linked rehabilitation incentives with coordinated Code Enforcement efforts. The City made resources available to existing or prospective rental property owners to eliminate building code deficiencies. Once improved, these units will expand the supply of standard housing in the City. • Neighborhood residents were encouraged to participate in the preparation and implementation of neighborhood assessments and plans. Santa Ana's Neighborhood Improvement Program provided the means to facilitate this participation. City staff members (i.e., District Managers) are assigned to one of two geographic areas of the City. This staff is responsible for coordinating the implementation of housing and community projects within their district and interacting with the City's 64 neighborhood associations. This coordination includes working with other city departments, public utilities, property owners, tenants, nonprofit agencies and the school district. 5. ACTIONS TO IMPROVE PUBLIC HOUSING AND RESIDENTS INITIATIVES There is no public housing in the City of Santa Ana. 6. ACTIONS TAKEN TO EVALUATE AND REDUCE LEAD BASED PAINT HAZARDS Lead -paint hazards are typically found in buildings constructed prior to 1978 — the year lead based paint was banned in the U.S. According to the Center for Disease Control and Prevention (CDC) approximately 250,000 U.S. children age 5 and younger remain at risk for exposure to harmful lead levels (i.e., blood lead levels greater than the CDC recommended level of 10 micrograms of lead per 8 The Orange County Register reports that at the end of June 2012, the median home sales price in Santa Ana was $316,000. 08/23/2012 25 19C -33 deciliter of blood (mcg -dl)). It is important to note that the CDC reports blood lead levels in children age five and younger has declined 89 percent between 1976 and 2004. The CDC reports that this decline is largely a result of the phase -out of leaded gasoline and efforts by federal, state, and local agencies to limit lead paint hazards in housing. The County of Orange Health Care Agency (OC -HCA) collects statistics regarding the number of children age 16 and younger, with a blood lead level greater than or equal to 10 mcg /d L, i.e., the CDC "level of concern." Reports of elevated blood lead levels are obtained from the State, local laboratories and health care providers; however, OC -HCA stipulates that this is not an all- inclusive list. County data also does not identify the source of the lead poisoning (in addition to lead -based paint other sources of lead contamination may include clay pottery and candy). The OC -HCA provided the following information (see Table 9) regarding children with elevated blood lead levels living in Santa Ana: TABLE 9 - SANTA ANA CHILDREN WITH BLOOD LEAD LEVEL OF CONCERN YEAR CHILDREN 16 YRS. OR BLOOD LEAD LEVEL 1 1999-2005 606 2005 -2006 57 2006 -2007 59 2007 -2008 45 7/1/09- 11/10/09 45 Source; Orange County Health Care Agency October 2009 In an effort to address the problems caused by lead exposure, the City of Santa Ana has implemented a lead paint hazard identification and notification process as part of its housing programs. This process has been designed to comply with HUD's lead based paint hazard regulations (Title X), which became effective in September 2000, and was implemented by Santa Ana in January 2002. All owner - occupied housing units rehabilitated during the report period that were constructed prior to 1979 were inspected for lead paint hazards. If the inspection found potential lead -based paint hazards, the subject property was tested — the average cost per test is $450. Program staff indicates that procedures to comply with Title X has added approximately 30 days to the typical housing rehabilitation project, but more importantly, staff reports that at least some potential program participants may have chosen not to pursue City funds for rehabilitation because of the added cost of lead -based paint hazard mitigation. 08/23/2012 26 19C -34 7. ACTIONS TAKEN TO ENSURE COMPLIANCE WITH PROGRAM & COMPREHENSIVE PLANNING REQUIREMENTS & MONITORING HUD has established specific requirements for implementation of the Consolidated Plan. Santa Ana has made every effort to ensure compliance with these comprehensive planning requirements. Requirements include holding public hearings, public comment periods, and ensuring adequate public notification of these and other actions. The City has also made every effort to comply with all regulations for respective HUD programs. When needed, the assistance of HUD's Los Angeles office has been sought. H. ACTIONS TO REDUCE THE NUMBER OF PERSONS LIVING BELOW THE POVERTY LEVEL Santa Ana's anti - poverty strategy includes expanding housing opportunities and support service for Low - Income residents, and coordinating public and private resources to address their specific needs. Services and activities that were supported by the City during the report period included: • Housing rehabilitation, rental assistance, and creation of new affordable housing opportunities via acquisition /rehabilitation activities. • Homeless assistance including prevention activities, emergency shelter, transitional housing, and access to permanent housing opportunities. Appropriate support services were blended with these activities. • Public safety activities to prevent criminals from victimizing the poor and ensuring adequate emergency response services are available for lower income residents. ■ Public facility improvements to improve the overall infrastructure of the City, but more specifically for older and /or lower income neighborhoods. ■ Job training, job- search skills and job placement to provide those living in poverty with new employment opportunities that pay higher wages. ■ Food /nutrition programs for the elderly. ■ Youth recreation and diversion services to provide youth living in poverty with alternatives to gang and crime activities. 08/23/2012 27 19C -35 F. LEVERAGING RESOURCES 1. OTHER PUBLIC He PRIVATE RESOURCES OBTAINED TO ADDRESS NEEDS IN THE PLAN During the report period, the City of Santa Ana leveraged federal funds with various private and public resources. These resources included the following: TABLE 10 — 2011 -2012 LEVERAGING SOURCES 1. Private represent the total "valuation" of property improvements undertaken as a result of Code Enforcement efforts. 2. The City was awarded $900,000 by the State of California for the 08 -09 report period; however due to the state's budget shortfalls funding was placed on hold. Funds were released and were spent by the City during the 2011 -2012 program year. 2. LEVERAGING OF FEDERAL RESOURCES WITH OTHER PUBLIC & PRIVATE RESOURCES As demonstrated by Table 10, HUD funding for Santa Ana resulted in the investment of other private and public resources. These resources were made available to the City to assist with the implementation of activities to meet priority needs. 3. MATCHING REQUIREMENTS There is no match requirement for the CDBG or HOPWA program. HOME requires a 25% match for every dollar spent and ESG requires a dollar for dollar match. Specific information regarding HOME and ESG program matching funds is delineated in respective narratives later in this performance report. 08/23/2012 28 19C -36 G. CITIZEN COMMENTS The City of Santa Ana ensured it complied with its Citizen Participation Plan by providing the public an opportunity to review and comment on this annual performance report. A 15 -day comment period was held from August 6, 2012, through August 20, 2012. The Redevelopment and Housing Commission of the City of Santa Ana held the required public hearing to review this document on August 16, 2011. Notice of the comment period and public hearing was published on August 5, 2012, in the following newspapers: • English: Orange County Register • Spanish: La Opinon • Vietnamese: Nguoi Viet News The "Proof of Publication" (Orange County Register only) and a summary of public comments are provided in EXHIBIT 2. 08/23/2012 29 19C -37 H. SELF- EVALUATION HUD requires that the City evaluate its annual accomplishments by comparing planned activities versus actual outcomes, and to also evaluate if progress was made toward meeting Consolidated Plan goals. To assist with this evaluation, HUD has suggested the City should consider the following questions: 1. Are activities and strategies making an impact on identified needs? Most activities funded with HUD and other public resources have made an impact during the report period. The following are examples: ■ The use of public funds helped to expand and preserve the City's affordable housing stock by assisting 49 housing units during 2011 - 2012.9 The City's housing stock was also preserved via the inspection of 2,976 housing units for code violations. ■ The City's CoC system continued to address the housing and service needs of the City's and the region's homeless families and individuals. Components of the City's system of care carried out during the report period included supportive services, homelessness prevention, emergency shelter, transitional housing, and access to permanent housing. The needs of the homeless with special needs (e.g., victims of domestic violence, persons living with HIV /AIDS, and the chronic homeless) were also addressed by Santa Ana's CoC system. These program efforts helped address priority needs identified in the City's Consolidated Plan. ■ Various programs, including the Work Force Investment Act resources, addressed employment training and job placement needs. The State designated Enterprise Zone and Redevelopment - funded business attraction and retention programs also provided economic opportunities to City residents. ■ In order to meet the changing needs of the community, the City supported public services and public facility improvement projects. Public services for lower income youth and seniors help stabilize households by providing services such as recreation and nutrition programs. 2. What indicators would best describe the results? Comparing actual versus planned accomplishments is one of the best means available to measure results of program efforts. ■ The City fell shy of its one -year housing goals for the 2011 -2012 program year (assistance for 59 units planned — 49 assisted); however, if NSP- funded units are included, the City exceeded one - year planned goal (a total of 68 units completed). More specifically, the City only met 45.5% of 9 14 single- family owner occupied and 34 multi - family housing units were assisted during the report period. Additionally, 1 household received homebuyer assistance during the 2011 -2012 report period. Total does not include 19 units assisted with NSP funds during 2011 -2012. 08/23/2012 30 19C -38 its owner - occupied housing program goals (excluding NSP units). The City had planned to assist 33 owner households during 2011 -2012; however, only 14 owner units were rehabilitated during the year and one household was assisted with HOME ADDI funding to purchase a home. At the outset of the 2011 -2012 Fiscal Year, the City planned on providing assistance to with the acquisition, rehabilitation and /or construction of 26 rental housing units. During the report period the rehabilitation of 34 rental housing units was completed resulting in the City exceeding its one -year goal by eight units. Construction of additional rental units was initiated during the report period, these will be reported during the year they are completed. Several reasons exist that account for the City falling short of its 2011 -2012 housing program goals. These reasons include the following: • Several key program staff retired during the 2011 -2012 report period. Due to reductions in HUD funding and the loss of redevelopment, these positions have not been filled. The resulting increase in workload for the remaining staff has negatively impacted productivity. • The loss of redevelopment has stymied future housing program production. The City has considered phasing funding and construction of projects in order to maximize project resources. Phasing often results in project delays. • Many home owners still remain apprehensive of the current economic market and are unwilling to encumber their home with additional debt. ■ In total, homeless service providers that received ESG assistance from the City exceeded planned goals for the 2011 -2012 report period. All but three programs met at least 70% of their respective goal for the year — The Dayle McIntosh Center, Southwestern Minority Economic Development Corporation, and Veterans First. ■ With respect to public services, during the 2011 -2012 report period, activities funded with CDBG met planned goals. Combined, service providers exceeded planned goals (119 %). ■ As ExHIBiTS 4 and 6 provides an overview of City's efforts to meet community improvement five - year goals. These activities mainly include street and park improvements. It is important to note that in addition to the completion of 12 community improvement projects, 17 more were at some level of construction. These latter accomplishments will be reported in subsequent CAPERS at the time they are completed. Even though it is difficult to ascertain if five -year goals will be met after two year, several activities that are off to a slow start. These activities include the following: construction of new rental housing (project is underway but will not be reported until completed), owner and renter housing rehabilitation, services for the disabled and Low- and Moderate - income persons in general, and fair housing services. 08/23 /2012 31 19C -39 3. Are maior goals on target? 2011 -2012 is the second year of the five -year Consolidated Plan cycle may be too early to estimate if five -year goals will be met; however, as discussed above, during 2011 -2012 some activities did not meet planned goals. These activities include: • Only 14 single family housing units were assisted during the report period; the Action Plan called for 33 units to be assisted. • The City's fair housing services provider met 72.3% of planned annual goal • Two homelessness prevention programs fell short of annual goals (Dayle McIntosh Center and the Southwest Minority Economic Development Association 4. Barriers that have a negative impact on fulfilling the strategies and overall vision? The City encountered some barriers as it set out to implement its overall vision for community improvement; the most significant include the following: ■ Perhaps the greatest barrier or obstacle impacting the City's ability to implement its community vision has been housing costs. While the cost of home buying has become relatively more affordable, homeownership still remains a challenge for lower income households. At the end of June 2012, the median home sales price was $316,000. Median home sales prices still remain out of reach for lower income households. Additionally, stringent underwriting standards by lenders has also eliminated many buyers with low income and marginal credit from obtaining a home purchase loan. Despite a drop in home purchase prices over the past years, rents have remained relatively stable. The average rent for an apartment in Santa Ana has increased from an average $1,528 in July 2011 to $1,621 in July 2012. The County of Orange estimates that an individual earning minimum wage will have to work 133 hours /week to afford rent for a modest 1- bedroom apartment.10 Housing costs continue to pressure the City to identify resources to expand affordable rental and home ownership opportunities, especially for lower income households. ■ Increases in transportation and material costs have reduced the effective amount of money the City has to fund activities. The cost of raw materials and more recently the transport materials have had significant impact on the cost of public facilities construction projects and housing rehabilitation. ■ Municipalities throughout California continue to deal with budget deficits that have forced reductions in personnel and furloughs as a means to close budget shortfalls. City staff that manage HUD funds have not been immune to these budget pressures. State legislation that eliminated redevelopment funding has created a significant barrier to carryout the goals and programs delineated in the Consolidated Plan. 10 2012 Community indicators, Orange County, March 2012. 08/23/2012 32 19C -40 5. What adiustments or improvements to strategies and activities might meet community needs more effectively? In response to budget pressures, the City has disbanded its fire department and has contract for fire services with the Orange County Fire Authority. This change has resulted in the City revaluating its use of CDBG funds to purchase additional fire fighting equipment and to reallocate funding toward other eligible activities. With reductions in staffing and financial resources the City will seek out new strategies to wisely invest limited resources in the most efficient and effective manner possible. This may include additional partnerships with neighboring communities and the County. 08/23/2012 33 19C -41 1. MONITORING 1. Monitoring Activities On -going evaluation of the housing and public service delivery system is perhaps the most effective tool in detecting service gaps, problems, and for making appropriate modifications to ensure project /program compliance. Santa Ana has established a comprehensive monitoring program for its federally funded programs. ■ CDBG - All CDBG funded activities are required to submit periodic reports to the City. City staff also has an on -site monitoring program to review subgrantee performance, quality of services, and grant administration compliance. • HOME - A comprehensive HOME project monitoring plan has been developed and implemented by the City. For rental projects, this plan calls for a regular review of project finances, tenant eligibility and housing quality standards (HQS). An annual recertification of CHDOs has also been implemented. ■ ESG - The same standards and procedures utilized for CDBG funded subrecipients are utilized to monitor agencies funded with ESG. ■ HOPWA - A comprehensive report of all activities funded under the HOPWA program is prepared annually and submitted as part of the comprehensive consolidated performance report to HUD. 2. Status of Grant Programs In addition to monitoring program performance, the City has been prudent at monitoring the status of federal grant funds to ensure timely expenditure. The City's ESG and HOPWA grants are moving forward as anticipated. At the end of the 2011 -2012 the City was identified by HUD as a slow spender of CDBG funding. As the City outlined in its workout plan to HUD, the primary reason for the delay in spending funds that a significant amount of funding was allocated to public facility improvement projects that took longer than anticipated to be designed, bid and constructed. The City's expenditure work out plan will ensure these projects are completed in a timely manner during the 2012 -2013 report period." During the report period the City also received notification from HUD that a portion of its HOME funds would be recaptured because they had not been committed within the required 24 -month period. Program staff has worked with HUD regarding this issue and has taken measures to ensure the timely commitment of HOME funds in future years. 11 At the end of the 2011 -2012 report period, 1 street improvement project, 13 park projects, and 3 public facility improvement projects were still in various stages of design, bidding or construction. 08/23/2012 34 19C -42 The first allocation of 2011 -2012 ESG funds was committed in a timely manner — the bulk of these funds were expended during report period. The second allocation of 2011 -2012 ESG funds was not received until late in the fiscal year. These funds have been committed and City staff is working with sub - recipients to ensure timely use of ESG resources. HOPWA funds have been committed in a timely manner for supportive services and tenant based rental assistance. ■ Are any activities or types of activities falling behind schedule? As previously discussed most activities are moving forward on schedule. Staff has developed a strategy to address slower moving activities. ■ Are grant distributions timely? Aside from issues with HOME funds, no major delays in distribution of funds have been encountered. ■ Do actual expenditures differ substantially from letter of credit distribution? Except for CDBG, IDIS does not allow the City to accrue expenses after the end of a program year (June 30) even though the expense was incurred prior to June 30. This characteristic of IDIS is inconsistent with established public sector accounting practices. During the report period, the City's Finance Department and Community Development Agency met on a regular basis in an effort to ensure that Letter of Credit balances and the City's books remained reconciled. 08/23/2012 35 19C -43 IV. CDBG Narrative Statements A. ASSESSMENT OF RELATIONSHIP BETWEEN USE OF CDBG FUNDS AND PRIORITY NEEDS, GOALS AND SPECIFIC OBJECTIVES IDENTIFIED IN THE CONSOLIDATED PLAN The following narratives provide an overview of the City's actions during the report period demonstrating the relationship between the expenditure of CDBG funds and efforts to address priority needs, goals and objectives identified in the 2010 -2014 Consolidated Plan. 1. RELATIONSHIP BETWEEN CDBG EXPENDITURES & HIGHEST PRIORITY ACTIVITIES The City's 2010 -2014 Consolidated Plan identified several high priority activities slated for implementation as a means to address priority housing and community needs. During the report period, the City allocated substantial resources to meet these high priority needs to fund activities such as street and park improvements, anti -crime programs, senior services and code enforcement. EXHIBIT 6 provides a summary of 2011 -2012 accomplishments that address high priority needs. EXHIBIT 7 (CDBG ACTIVITY SUMMARY REPORT - GPR) provides additional detailed expenditure and accomplishment data. 2. CDBG FUNDS USED TO MEET AFFORDABLE HOUSING GOALS Fourteen housing units were rehabilitated with CDBG funds during the report period. Incomes of the households assisted by these programs are listed in below: TABLE 11 - 2011 -2012 CDBG HOUSING ACCOMPLISHMENTS CDBG funding was also expended during the report period for park improvements and the reconstruction of streets in Low- and Moderate - income neighborhoods. These public improvements represent a critical investment in the revitalization of neighborhoods. 3. LOWER INCOME BENEFICIARIES CDBG funds may be utilized to meet one of three national objectives: 1) elimination of slums and blight; 2) urgent need, or; 3) benefit low- and moderate - income persons. Based on information 08/23/2012 36 19C -44 reported in the CDBG FINANCIAL SUMMARY REPORT (EXHIBIT No. 7), 100% of Santa Ana's CDBG funds were spent to benefit Low- and Moderate - Income persons and households. ■ During the report period, the City funded public service programs with CDBG funds that benefited HUD - defined presumed beneficiaries (e.g., elderly). For these program clients, income documentation is not the basis for program eligibility but rather the fact that they meet HUD's definition of a presumed beneficiary. For programs not serving presumed beneficiary clientele, the City required providers to obtain and document household size and income data .12 The City conducted on -site monitoring of service providers to review the mechanism for determining program eligibility. The City also conducted spot checks of files during monitoring visits to verify the accuracy of data and information of clients. ■ Public facility improvement projects were limited to HUD target neighborhoods. HUD target neighborhoods have been identified by the U.S. Census Bureau as having a majority of residents with incomes at 80% of median income or less. EXHIBIT 2 includes a map that identifies the City's CDBG Target Areas utilized during the 2011 -2012 report period. ■ During the report period the City continued its efforts to address the housing needs of homeless households as identified in the 2010 -2014 Consolidated Plan; however, no CDBG funds were used during the report period for homeless programs — the City exclusively utilized ESG funding for this purpose. ■ The community development needs of lower income households were also addressed during the report period. Substantial resources were committed and expended on upgrading parks located in the City's Low- and Moderate - income areas. Additionally, CDBG funds were used to undertake several street improvement projects in the City's CDBG - eligible neighborhoods. These projects will have a positive impact on the quality of life for Santa Ana's residents. ■ The Planning and Building Agency was allocated approximately $1,250,000 for code enforcement activities. This program provided building and housing code inspections throughout the City's CDBG - eligible areas to ensure compliance with the Santa Ana Municipal Code and also to ensure that health and safety standards were maintained in deteriorating areas. CDBG funds are utilized to pay for a portion of staff costs to implement this program in target neighborhoods. ■ The City addressed the social service needs of the community. During the report period, services were provided to 4,819 youths and parents /guardians. Youth services included education and after - school recreation /education programs. Home delivered and congregate site meal programs served 1,196 Santa Ana senior citizens. 12 The City requires that the validity of this information be confirmed by the service provider through an income verification process or through client self - certification. 08/23/2012 37 19C -45 B. CHANGES IN PROGRAM OBJECTIVES No changes in program objectives were entertained or implemented during the 2011 -2012 report period. One change was made to the program elements delineated in the 2011 -2012 Action Plan — during the report period fire prevention services were transferred from the City's own fire department to the Orange County Fire Authority. CDBG funds originally allocated for the purchase fire fighting equipment (i.e., a fire truck) were reallocated to a new activity that will ensure fire stations serving the City's Low- and Moderate - income areas are physically updated and ready to serve the community. ■ Pursuit of all resources the grantee indicated it would pursue: Pursuant to the 2011 -2012 Annual Action Plan, the City sought a variety of funding sources to support efforts to address priority housing and community needs. These resources (planned versus actual) are summarized below. TABLE 12 - 2011 -2012 PLANNED vs ACTUAL RESOURCES RESOURCE CDBG $6,216,745 $6,216,745 CDBG Program Income $0 $42,803 CDBG Prior Year Program Income $0 $0 CDBG Reprogrammed Funds $0 $0 HOME $2,295,965 $2,295,965 HOME Program Income $0 $189,660 HOME ADDI 1 $0 $0 HOPWA $1,540,447 $1,540,447 HOPWA — Prior Yr $26,899 $26,899 ESG 2 $301,897 $471,714 ESG Prior Year $579 $579 Housing Vouchers (Section 8) $29,775,179 $28,509,347 Workforce Investment Act $3,513,210 $3,907,180 Redevelopment $13,497,905 $12,642,971 CaIHOME 3 $900,000 $40,000 Private 4 $0 $918,620 TOTAL $58,068,826 $56,802,930 1. ADDI funds were not awarded to the City in 11 -12; however, the City used prior year allocations to assist 1 nomeouyers curing i-r it -1z 2. The City received two allocations of ESG funding for 11 -12; $301,897 plus $169,817 3. The City was awarded $900,000 by the State of California for the 08 -09 report period. These funds still available to the City during the 2010 -2011 program year - $40,000 was utilized during the report period. 4. Actual represents value of owner -paid improvements to properties resulting from code enforcement actions ■ Program Income: The City of Santa Ana received CDBG program income totaling $42,802.72 during the report period generated by housing and commercial rehab loan repayments. These funds were utilized to fund additional eligible CDBG activities. The City did not undertake float funded activities, nor did the City receive income from the sale of real property. Finally, the City did not adjust or write -off any CDBG- funded loans. 08/23/2012 38 19C -46 ■ Support Certifications of Consistency for HUD programs: In the 2011 -2012 Action Plan, the City certified that it would provide support for HUD program applicants in a fair and impartial manner. During the report period the City received a request for certification for HUD programs from the Santa Ana Housing Authority pursuant to the submission of its Annual PHA Plan. The City received no requests for Certification of Consistency with the Consolidated Plan from applications for 2012 HUD homeless funds. ■ Consolidated Plan Implementation: The City did not undertake actions that hindered the implementation of the approved Consolidated Plan or the 2011 -2012 Action Plan. Furthermore, the City of Santa Ana did not undertake activities that required the acquisition or demolition of real property. ■ Economic Development: The City did not undertake CDBG- funded economic development activities during the report period. If CDBG funds had been expended for such activities, additional reporting would be provided that outlined the actions taken to ensure jobs created by such activities were filled by Low- and Moderate - income individuals. The City utilized other resources to expand economic opportunities for residents. Non -HUD economic development activities undertaken during 2011 -2012 include the following: ■ State Enterprise Zone: The Enterprise Zone is designed to promote business growth and job generation by offering tax credits. qualified businesses reduce State income taxes by an amount equal to the amount of wages paid to qualified employees. These "hiring credits" are provided to employers who hire low -wage earners, target area residents, laid -off, or long -term unemployed persons. A business may earn up to $37,000 in tax credits per qualified employee. A total of 3,488 individuals were assisted through these efforts during the 2011 -2012 report period. It is noteworthy that Santa Ana's Enterprise Zone was awarded a new 15 -year Enterprise Zone designation by the State effective June 2008 and expanded its Zone in 2009 by over 1,346 acres. ■ Santa Ana WORK Center: The City of Santa Ana, Santa Ana WORK Center and Workforce Investment Board in partnership with, the State Employment Development Department, Santa Ana College, and the Orange County Social Services Agency connect the community's job seekers with services to obtain employment. Services include job search assistance, resume writing, interviewing skills, labor market information, vocational training, On -the- Job Training, and a resource center providing access to computers for job search and job fairs. During program year 2011 -2012, approximately 12,800 job seekers received employment services, two large scale job fairs were hosted, and 45 hiring events were conducted at the Santa Ana WORK Center. ■ Business Attraction /Retention: The City also provided economic opportunities for residents through other programs including the Redevelopment Agency funded Business Retention /Attraction program. Program staff estimates that 560 jobs were added or preserved during the 2011 -2012 report period. Unfortunately, due to the disestablishment of the Redevelopment Agency, funding for business attraction and retention program were 08/23 /2012 39 19C -47 greatly diminished by 2012. Still, Economic Development staff continued to target top sales tax producers for retention visits and monthly monitors the largest businesses in the city for any changes that would cause them to relocate out of the City. Medtronic, Inc. , a global leader in medical technology with over 250 locations worldwide, recently announced plans to expand their existing facility at 1851 E Deere. A 9,429 square foot building will be constructed to link two existing buildings to create more office and manufacturing space at the site. It is expected the company will add over 150 new jobs in this expansion. Additionally, during the 2011 -2012 report period, Economic Development Division staff worked with over 125 companies to find a site in the City of Santa Ana - 31 of these companies found a location and are currently doing business in the City. ■ Marketing: At its July 2011 Business Forum, the Economic Development Division released its new Business Resource Guide — a 15 -page handbook tailored to give Santa Ana business owners the tools they need to achieve success in the City. The guide provides businesses with the local resources and contacts in focus areas such as business development, permit processing, financial resources, international trade and the ten steps to starting your business. In February 2012, Economic Development Division staff made a presentation on the benefits of the Enterprise Zone and WORK Center to over 60 businesses. These businesses are all tenants of Colton Company, a large office property management company. Staff continues to meet with over ten businesses monthly to explain the benefits of the City's Enterprise Zone. ■ Business Liaison /Partner Support: In July 2011, the City of Santa Ana hosted a business forum entitled "Navigating your Business to Succeed" to engage the local business leaders and business community in a discussion on how the City can continue to foster and grow a business friendly climate for those businesses to succeed. One of the primary outcomes of that forum was to continue to support and strengthen relationships with the local Chambers of Commerce. Economic Development staff have hosted monthly meetings with the Santa Ana Chamber of Commerce, Orange County Hispanic Chamber of Commerce, Black Chamber of Commerce of Orange County, and the Vietnamese American Chamber of Commerce and discussed its upcoming plans to work cooperatively to augment funding for joint programs and services. The Economic Development Division works closely with the City Manager and other City departments in an effort to present a unified, streamlined approach concerning development and business issues. The Division coordinates many of its programs with various organizations including the Orange County Business Council, Santa Ana Chamber of Commerce, State of California Department of Housing & Community Development, State of California Department of Labor, U.S. Small Business Association, local business associations, commercial brokers, developers, financial institutions, and several other outside agencies. Economic Development Division staff have also attended and participated in more than five other monthly meetings with local business associations such as the Small Business Administration. These meetings help develop relationships with external organizations so as to assist in obtaining a favorable address of issues impacting Economic Development in Santa Ana. 08/23/2012 40 19C -48 C. HUD APPROVED NEIGHBORHOOD REVITALIZATION STRATEGIES OR EZ /EC ANNUAL PROGRESS REPORT In January 1999, HUD designated the City of Santa Ana as a Federal Urban Empowerment Zone (FEZ). The mission of the Santa Ana Empowerment Corporation (SAEC) is to build a sustainable community that fosters economic opportunities for all Empowerment Zone residents and businesses. During the first three -years of designation, the SAEC's mission was supported by the key elements outlined in its implementation plans. These elements include education, job training, job placement, business development, safety, childcare, health, transportation, housing, youth recreation, and arts /culture. Collectively, these strategies played a vital role in furthering the mission of the FEZ program within Santa Ana. In early 2009, the City was notified by HUD that the Empowerment Zone Program would end in December 2009, therefore no additional FEZ funding would be provided. During the 2009 -2010 report period the City initiated the steps necessary to close the program; the City's FEZ program permanently ceased operations in August 2010. D. SECTION 108 LOAN GUARANTEE The City does not have an open Section 108 Loan nor did it apply for a 108 Loan Guarantee during the report period. 08/23/2012 41 19C -49 V. HOME NARRATIVE STATEMENTS A. ASSESSMENT OF RELATIONSHIP OF HOME FUNDS & CONSOLIDATED PLAN GOALS & OBJECTIVES Assessment of HOME Funds to Meet Highest Priority Activities Santa Ana has utilized its HOME funds to expand and TABLE 13- 2011 -2012 HOME- AssISTED HOUSING ACCOMPLISHMENTS preserve the City's supply of housing affordable to Low - and Moderate - income households. HOME resources were utilized to assist both rental and owner units. Table 13 provides a HOME-FUNDED OWNER OCCUPIED RENTER OCCUPIED INCOME BY Extremely Low- Income 0 Units 13 Units Very Low - Income OUnits 21 Units Low - Income 1 Units 0 Units TOTAL 1 Units 13 34 Units summary of Santa Ana's distribution of HOME funds among different income categories for housing activities undertaken during the report period. Additional information regarding these activities is summarized in EXHIBIT 6. Progress Toward Meeting Affordable Housing Goals With HOME Funds As demonstrated above, HOME funds were spent to assist 35 housing units during the report period. EXHIBIT 9 provides additional data regarding Program Year 2011 -2012 housing accomplishments and efforts to meet one- and five -year goals. Progress Toward Meeting Housing Needs of Lower Income Persons As demonstrated above, while no homeowners rehabilitate their primary residence with HOME funds during 2011 -2012, 34 rental- housing units were assisted. One homebuyer was assisted with prior year ADDI funds. EXHIBIT 9 provides additional data regarding Program Year 2011 -2012 housing accomplishments and efforts to meet the needs of Lower Income households. B. MATCH REPORT Recipients of HOME funds are required to match each HOME dollar spent during the report period. Typically, a HOME Participating Jurisdiction (PJ) is required to match HOME funds at a ratio of one non - federal dollar for every four HOME dollars spent (i.e. 25 %). The City has been notified by HUD that for the 2011 -2012 report period, the HOME match requirement has been reduced to 0% because the City's "family poverty rate" was 125% or more of the average national poverty rate, and the City's per capita income was less than 75% of the national average. Even though the City does not have a match obligation, a record of eligible HOME match has been maintained —the City 13 Total includes 1 household assisted with ADDI funding to purchase a home. 08/23/2012 42 19C -50 has cumulatively logged over $15.4 million in HOME match through the 2011 -2012 report period (see FORM HUD -4107A -EXHIBIT 10). C. MINORITY & WOMEN BUSINESS ENTERPRISES CONTRACTS & SUBCONTRACT The City is required to report HOME resources awarded to Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) via contracts and subcontracts. PART III of HUD FORM 4107 (EXHIBIT 10) provides this information. D. ADDITIONAL ASSESSMENTS Results of On -site Inspections of Affordable Rental HOME - Assisted Housing As required by HUD, the City conducted on -site inspections of HOME - assisted rental housing units to ensure units met minimum housing standards. HOME regulations require annual inspections of projects with 26 or more total units; inspections every two years for projects with five to 25 total units, and inspections every three years for projects with one to four total units. The City has an inventory of 23 HOME- assisted projects that contain 501 rental units. During the 2011 -2012 report period a sampling of 143 units were inspected - the majority of units are owned and managed by CHDOs. While the vast majority of the inspected units passed initial housing quality standards inspection some units required minor corrections. Typical required repairs included replacing inoperable smoke detectors, inoperable stove burners, and dirty carpets. Several more HOME - assisted rental projects are scheduled for inspection during 2012 -2013. Affirmative Marketing Actions to Minority & Women Owned Businesses As a participating jurisdiction in the HOME and CDBG programs, the City has adopted the following affirmative marketing policies for minority and women owned businesses: • List of methods to inform the public about federal fair housing laws and the City's affirmative marketing policy. • Requirements and practices owners must adhere to in order to carry out this policy. • Procedures owners must use to inform and solicit applications from persons in the housing market area who are not likely to apply for the housing without special outreach. • Records that owners and the City will keep describing the actions they have taken to affirmatively market units and records to assess the results of these actions. • A description of how the City will annually assess the success of affirmative marketing actions and determine what corrective actions are needed. Outreach to Minority /Women Owned Businesses As a participating jurisdiction the City has adopted certain affirmative steps to insure maximum feasible participation in HOME- and CDBG- funded projects by minority business enterprises, women's business enterprises, labor surplus area firms and other small businesses. These affirmative steps are listed below, and constitute the City's Minority Outreach Procedures and Requirements Program for HOME and CDBG funded projects. 08/23/2012 43 19C -51 • The City will place qualified minority and women owned business enterprises on solicitation lists. • The City will assure that minority and women owned business enterprises are solicited whenever they are potential sources. • The City will divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by minority and women owned business enterprises. • The City will use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. • Prime contractor will be required, if subcontracts are let, to take the above listed affirmative steps. The City will regularly review the results of these procedures to determine if additional steps should be taken. 08/23/2012 44 19C -52 VI. HOPWA NARRATIVE STATEMENTS A. Relationship of HOPWA Funds to Goals & Objectives During the 2011 -2012 report period the City of Santa Ana continued its efforts to implement strategies to address the housing and supportive service needs of individuals living with HIV /AIDS on a regional basis. As outlined in the Consolidated Plan, goals and objectives for HOPWA resources are established via a countywide assessment process sustained by the Orange County HIV Planning Council and managed by the City. Each year a planning session is held by the City to prioritize the use of HOPWA funds and to provide the City direction and support. This meeting was held December 5, 2011. EXHIBIT provides summary goal attainment data. Progress Toward Meeting affordable housing goals using HOPWA funds Addressing the lack of housing for individuals with HIV /AIDS was identified as a primary goal for the use of HOPWA funding. During the 2011 -2012 report period the City continued to utilize these limited resources to provide both short-term and long -term rental assistance. Short -term assistance included one -time rent /utility payments and rent assistance for up to three months. This type of assistance is critical to help stabilize a household facing an emergency or crisis situation related to their HIV /AIDS. Longer -term rental assistance (i.e., Tenant Based Rental Assistance) was also provided to those individuals and households living with HIV /AIDS that were in a more stable situation yet needed financial assistance to maintain housing. Housing placement services and housing information services were also made available to the regions HIV /AIDS clients via HOPWA funding. For homeless individuals with HIV /AIDS, emergency shelter, transitional housing and detox center residences were also made available. EXHIBIT 4 provides a summary of the City's efforts to meet the permanent housing (i.e., Tenant Based Rental Assistance) and short- term /supportive housing service needs of the regions HIV /AIDS population. 08/23/2012 45 19C -53 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ( HOPWA): ANNUAL PROGRESS REPORT— MEASURING PROJECT PERFORMANCE A. PART 1-A: HOPWA EXECUTIVE SUMMARY GRANTEE AND COMMUNITY OVERVIEW 1. Descriptions of 2011 -2012 Activities: As the most populous city in Orange County, Santa Ana has administered the region's Housing Opportunities for Persons With AIDS ( HOPWA) funds since 1993. During the 2011 -2012 report period, HOPWA funds were utilized to support a variety of activities on a regional basis. These services including the following: ■ Supportive services and housing offered via contracts with the Orange County Health Care Agency including: • Short-term emergency housing and /or utility assistance • Transitional housing • Housing coordination services • Medical detoxification -bed services • Tenant based rental assistance administered by the Santa Ana Housing Authority. • Program administration 2. Grant management oversight of project sponsor activities including how recipient was chosen: As the designated recipient of HOPWA funds for Orange County, the City of Santa Ana is responsible for grant management and oversight. While HOPWA funds are critical to meeting the needs of individuals with HIV /AIDS, it is not the only resource available. The County of Orange receives and manages additional resources for HIV /AIDS services. In order to ensure an array of housing and supportive service needs of people living with HIV /AIDS is provided, a regional planning process has been designed and charged with prioritizing the housing /service needs of the county's HIV /AIDS population. The Orange County HIV Planning Council has been established to coordinate services provided by the Ryan White Care Act - Santa Ana is a member of this council . 14 The City contracts with the County of Orange Health Care Agency (OC HCA) for HIV /AIDS supportive housing services. (The OC HCA is the primary regional public health service agency.) In turn the OC HCA issues Request for Proposals (RFP) soliciting program proposals to meet the needs of the County's HIV /AIDS population. While the RFP process is open to all service providers, there are a limited number of qualified HIV /AIDS service providers in the County. During the 2011 -2012 report period the City awarded a contract for supportive housing services to the OC HCA. Since the OC HCA has access to additional HIV /AIDS resources, it is positioned to leverage HOPWA funding and to ensure a holistic approach to serving persons with HIV /AIDS. The OC HCA subcontracted with several agencies that provided specialized services to persons with HIV /AIDS. The City ensured oversight of the County's contracting efforts by serving on the Orange County HIV Planning Council (the latter approves programs that are awarded HOPWA funds). During the report period, the City's Housing Authority administered the Tenant Based 14 Ryan White Care Act has established medical care as its priority 08/23/2012 46 19C -54 Rental Assistance (TBRA) program enforced Housing Quality Standards. 3. General Project Sponsor Information 1. 2 3. Program: Contact Name: E -mail: Address: Phone: Website: Total HOPWA Project $: Nonprofit? Program: Contact Name: E -mail: Address: Phone: Website: Total HOPWA Project $ Nonprofit? Program: Contact Name: E -mail: Address: Phone: Website: Total HOPWA Project $: Nonprofit? Authority staff regularly monitored tenant files and County of Orange Health Care Agency Donna Fleming, Division Manager dfleming @ochca.org HIV Planning and Coordination 1725 -B W. 17th Street Santa Ana, CA 92706 (714) 834 -8025 Fax: (714) 834 -8270 www.ochealthinfo.com /public /hiv $921,133 Project ZIP Code: Countywide Yes Rental Assistance Program Miriam Zepeda, Senior Housing Specialist mzepeda @santa - ana.org City of Santa Ana (M -27) 20 Civic Center Plaza Santa Ana, CA 92702 (714) 667 -2200 Fax: (714) 547 -5411 santa - ana.org $600,000 Project ZIP Code: Countywide Yes HOPWA Administration Linda Foster, Housing Authority Coordinator LFoster @santa - ana.org City of Santa Ana 20 Civic Center Plaza (M -27) Santa Ana, CA 92702 (714) 667 -2200 Fax: (714) 547 -5411 santa - ana.org $46,213 Project ZIP Code: 92702 Yes 08/23 /2012 47 19C -55 C. PART 1 -13. ANNUAL PERFORMANCE UNDER THE ACTION PLAN 1. Summary of Housing Activities: a. Supportive Housing Activities: During 2011 -2012, the following supportive housing accomplishments were achieved through the expenditure of HOPWA funds: ■ 9 individuals received treatment via the Medical /Social model residential detoxification program ■ 447 individuals were provided with supportive housing for substance abusers b. Housing Assistance for the Homeless: ■ 70 individuals /families received short-term emergency financial assistance to prevent homelessness ■ 130 homeless individuals received short-term (emergency shelter) and transitional housing services. ■ 50 individuals /families were provided with permanent housing rental assistance c. Other housing activities: ■ NA 2. Progress Evaluation: Overall, and especially in the context of a continuum of housing, 2011 -2012 HOPWA projects met or exceeded planned goals. Details for each project goal and accomplishment follow: Project Goal Actual Homelessness Prevention 67 70 104% ASF Short-Term Rent /Mortgage /Utility Assistance Temporary Housing 120 130 108.3% ASF Transitional Housing 82 Start House /Gerry House Emergency Shelter 48 Permanent Housing 50 50 100% City of Santa Ana Tenant Based Rental Assistance Support Services 366 453 125% ASF Housing Placement 46 ASF Housing Coordination Services 258 ASF Housing Information Services 143 Medical /Social Detoxification 9 08/23/2012 48 19C -56 3. Housing Stability and Homelessness Risk Reduction: The goal of the Emergency Financial Assistance, Short Term Rental Assistance, and the Housing Coordination programs is homelessness prevention and risk reduction. Housing Coordination also serves as a primary linkage service to care providers throughout the region. Since 1993, the City has utilized HOPWA funds to develop 93 new housing units for persons with HIV /AIDS. Although the required 10 year covenant with Hagan Place has passed, the development still only houses HIV+ clients, and their numbers are included. During the program year, 159 unduplicated households/ individuals utilized these units. TABLE 14 — HOPWA FUNDED HOUSING PROJECT TRANSITIONAL HOUSING PERMANENT HOUSING BEDS/CLIENTS NAME BEDS/CLIENTS Casa Alegre 23/22 Emmanuel House 21/52 Gerry & Start House 12 /63 Hagen Place 24/25 San Miguel 5/12 Stable Ground 8/10 5. Projects in Developmental Stage: The HIV /AIDS community through a regional strategic planning process has prioritized the development of permanent housing for individuals with HIV /AIDS. The populations that have been identified are the undocumented, ex- offenders, women with children, and people with multiple diagnoses (including the seriously mentally ill) as subpopulations who are often unable to secure housing stability within the existing HIV /AIDS housing continuum. To attract a development partner, approximately $500,000 is required. HOPWA funds not allocated for housing support services and direct housing payments are set aside in a development pool, which is expected to reach the $500,000 level again in a few years. 08/23/2012 49 19C -57 6. Distribution Analysis The longer -term transitional and permanent housing units funded by HOPWA are scattered across the County of Orange including cities in the north (Anaheim), central (Santa Ana), west (Westminster) and south (Laguna Beach) portions of the county. Those activities which are individual -based (as opposed to unit - based), such as rental assistance, life skills training, and housing coordination, are available to any qualified client regardless of location. D. Part 1 -C: Barriers or Trends Overview: A significant factor impacting accomplishment of HOPWA goals in Orange Count is the continued high cost of housing, which increases the size of subsidies necessary to make decent, safe and sanitary housing available to clients. An additional factor is the high unemployment rate which makes it extremely difficult for clients to obtain gainful employment, and in particular, employment offering health care benefits. Neither of these factors are within the power of the City to significantly impact. Other factors noted by service providers in the 2011 -2012 report period include the following: • The poor economy has reduced contributions via fundraising activities • The period of time clients need transitional housing and /and financial assistance is longer • There is an increase in the number of HIV /AIDS infected individuals being released from prisons • There has been in increase in first -time homeless with HIV /AIDS • There is an increased need for housing for HIV /AIDS populations with barriers such as housing for undocumented and sex offenders. 08/23/2012 50 19C -58 E. PART II: ACCOMPLISHMENT DATA - CHART 1 (PLANNED GOAL ) AND CHART 2 (ACTUAL) ��rr� °•� •. . ..J..", .,�� rv��­ n money is spem on case management ana employment training, outcomes must be reported in Access to Care and Support (See Chart 4 -a). 2. Supportive Services NOT in conjunction with HOPWA Housing Assistance: if money is spent on case management and employment training, outcomes must be reported in Access to Care and Support (See Chart 4 —c.). 3. Housing Placement Activities: if money is spent on housing placement activities in conjunction with HOPWA Housing Assistance, outcomes must be reported in Access to Care and Support (See Chart 4 -a); if not in conjunction with HOPWA Housing Assistance, outcomes must be reported in Access to Care and Support (See Chart 4 -c). 08/23/2012 51 19C -59 Outputs Households Funding HOPWA Assistance Non -HOPWA HOPWA Performance Charts 1 (planned goal) and 2 (actual) o o am a; a� a � a a om =a > o J 1. Tenant -based Rental Assistance 5ps s0 0 4 $600,000 $529,819', $0 2. Units in facilities supported with operating costs: Number of households supported 0 0 0 0 $p $0 $0 3. Units in facilities developed with capital funds and placed in service during the © ro ram ear: Number of households supported 0 0 0 $0 $0 $0 4. Short-term Rent, Mortgage and Utility payments 67 70 0 p $0 $82,531 $p Housing Development (Construction and Stewardship of facility based housing) Output Units 5. Units in facilities being developed with capital funding but not yet opened (show units of housing planned) p 0 0 II $0 $p $0 6. Stewardship (developed with HOPWA but no current operation or other costs) Units of housing subject to 3- or 10- year use agreements 0 ' 0 0 0 $0 $0 $0 7. Adjustment to eliminate duplication (i.e., moving between types of housing) 0 0 0 0 1, $0 $0 $0 Total unduplicated number of households /units of housing assisted Supportive Services Output Households 8. i) Supportive Services in conjunction with HOPWA housing activities 9 ; 9 0 0 $21,428 $21,428 $0 ii) Supportive Services NOT in conjunction with HOPWA housing activities 0 ; 0 0 0 $0 $0 $0 9. Adjustment to eliminate duplication Total Supportive Services w r 0421321, 0 Housing Placement Assistance 10. Housing Information Services 336 401 0 0 $90,804 $90,804 $0 11. Permanent Housing Placement Services 0 0 0 0 $0 $0 $0 Total Housing Placement Assistance Housing Development, Administration, and Management Services 12. Resource Identification to establish, coordinate and develop housing assistance resources $0 13. Grantee Administration (maximum 3% of total) (i.e., costs for general management, oversight, coordination, evaluation, and reporting) $46,213 $0 $0 14. Project Sponsor Administration (maximum 7% of total) (i.e., costs for general management, oversight, coordination, evaluation, and reporting) $57,249 $57,249 $0 Total costs for program year $815,694 $781,831 $0 ��rr� °•� •. . ..J..", .,�� rv��­ n money is spem on case management ana employment training, outcomes must be reported in Access to Care and Support (See Chart 4 -a). 2. Supportive Services NOT in conjunction with HOPWA Housing Assistance: if money is spent on case management and employment training, outcomes must be reported in Access to Care and Support (See Chart 4 —c.). 3. Housing Placement Activities: if money is spent on housing placement activities in conjunction with HOPWA Housing Assistance, outcomes must be reported in Access to Care and Support (See Chart 4 -a); if not in conjunction with HOPWA Housing Assistance, outcomes must be reported in Access to Care and Support (See Chart 4 -c). 08/23/2012 51 19C -59 F. HOPWA CAPER Chart 3 on Measuring Housing Stability Outcomes: Instructions: Please enter in column 1 the total number of eligible households that received the types of housing assistance specified. In column 2, enter the number of eligible households continuing to participate in each specified type of assistance (which might involve a temporary absence of not more than 90 days for treatment purposes, with an intent to return). In column 3, enter the number of households within each specified type of housing assistance who left the program during the program year by destination. If a household fractured during the program year, report only on the destination of the individual that made the household HOPWA eligible. Please refer to the destination codes that appear below this table for reviewing the stability housing outcomes. Type of Housing Assistance [1] Total Number of Households Receiving HOPWA Assistance [2] Number of Households Continuing I3] Number of Exited Households Component and Destination Tenant -based Rental Assistance 50 0 1 (Emergency Shelter) _ 2 (Temporary Housing) _ 3 (Private Housing) _ 4 (Other HOPWA) _ 5 (Other Subsidy) _ 6 (Institution) _ 7 (Jail /Prison) _ 6 (Disconnected) _ 9 (Death) _ Facility-based Housing Assistance 1 (Emergency Shelter) _ 2 (Temporary Housing) _ 3 (Private Housing) _ 4 (Other HOPWA) _ 5 (Other Subsidy) _ 6 (Institution) _ 7 (Jail /Prison) _ 6 (Disconnected) _ 9 (Death) _ Short-term Housing Assistance Total Number of Households Receiving HOPWA Assistance Of the Total number Households Receiving STRMU Assistance this operating ear Status of STRMU Assisted Households at the End of Operating Year Short-term Rent, Mortgage, and Utility Assistance 70 What number of those households received STRMU Assistance in the prior operating year: � What number of those households received STRMU Assistance in the two (2) prior operating years (ago): 31 1 (Emergency Shelter) = o 2 (Temporary Housing) = 5 3 (Private Housing)* = 7 4 (Other HOPWA) = 3 5 (Other Subsidy) = 1 6 (institution) = 1 7 (Jail /Prison) = 0 8 (Disconnected) = 2 9 (Death) = 2 08/23/2012 52 19C -60 G. HOPWA Outcomes on Access to Care and Support. a. Support in conjunction with HOPWA- funded Housing Assistance Instructions: Please report on the access to care and support for households receiving case management, employment training, and/or housing placement assistance O( NLY) that is in conjunction with HOPWA- funded housing assistance only (See Part 2, item 8 -i, 10 and 11). Report on the household status at program entry (or beginning of operating year for households continuing from previous year) and program exit (or end of operating year for households continuing services in the following operating year), if eligible individual living with HIV /AIDS accessed services. b. Income. Instructions: Report the household monthly income of households receiving case management, employment training, and/or housing placement assistance (ONLY) that is in conjunction with HOPWA- funded housing assistance (See Chart 2, box 9 i). Number of Households Number of i. receiving HOPWA Housing jobs that Category of Services Accessed Assistance included iii. $151 -$250 health $251-$500 At Entry or At Exit or benefits Continuing' Continuin vii. $1501 -$2000 viii. i. Has a housing plan for maintaining or establishing stable on -going 230 residency ii. Had contact with a case manager /benefit counselor at least once in 235 the last three months (or consistent with the schedule specified in their individualized service Ian iii. Had contact with a primary health care provider at least once in the 48 ,m last three months (or consistent with the schedule specified in their individualized service plan)x iv. Had medical insurance coverage or medical assistance 45 v. Obtained an income - producing job created by this project sponsor il i, :- 33 during the year .0kg� vi. Obtained an income - producing job outside this agency during the � 0 year � M �x � ,RN b. Income. Instructions: Report the household monthly income of households receiving case management, employment training, and/or housing placement assistance (ONLY) that is in conjunction with HOPWA- funded housing assistance (See Chart 2, box 9 i). 08/23/2012 53 19C -61 A. Monthly Household Income at Entry or Residents continuing from prior Year End Number of Households i. No income ii. $1 -150 iii. $151 -$250 iv. $251-$500 V. $501 - $1,000 vi. $1001-$1500 vii. $1501 -$2000 viii. $2001 + 08/23/2012 53 19C -61 B. Monthly Household Income at Exit/End of Year Number of Households i. No income ii. $1 -150 iii. $151 -$250 iv. $251-$500 V. $501 - $1,000 vi. $1001-$1500 vii. $1501-$2000 viii. $2001 + 08/23/2012 53 19C -61 c. Support NOT in conjunction with HOPWA- funded Housing Assistance. Instructions: Please report on the access to care and support only for households receiving case management, employment training, and/or housing placement assistance (ONLY) that is not in conjunction with HOPWA- funded housing assistance (See Part 2, item 8 -ii, 10 and 11). Report on the household status at program entry (or beginning of operating year for households continuing from previous year) and program exit (or end of operating year for households continuing services in the following operating year), if eligible individual living with HIV /AIDS accessed services. i. Has a housing plan for maintaining or establishing stable on -going 1 0 1 0 ii. Had contact with a case manager /benefit counselor at least once in 0 I 0 the last three months (or consistent with the schedule specified in their individualized service Dian) iii. Had contact with a primary health care provider at least once in the 0 0 last three months (or consistent with the schedule specified in their individualized service Ian iv. Had medical insurance coverage or medical assistance 0 0 v. Obtained an income - producing job created by this project sponsor �' 0 0 durina the vear iti vi. Obtained an income - producing job outside this agency during the -41 s� ..,_ r 0 1 0 08/23/2012 54 19C -62 VII. EMERGENCY SOLUTIONS GRANT NARRATIVE STATEMENTS Santa Ana received $301,897, in ESG funds from the first allocation from HUD for the 2011 -2012 Program Year. An additional $169,817 was also allocated from the second allocation of ESG funds, but program implantation of these funds will begin in the 2012 -2013 Program Year. During the 2011 -2012 report period, 14 homeless service programs received ESG funding. A. Assessment of Relationship of ESG Funds to Goals & Objectives ■ Actions to address emergency shelter & transitional housing needs of homeless individuals & families During the report period, the City of Santa Ana continued to address the needs of the homeless with ESG funds. Individuals assisted with ESG included Extremely Low- and Very Low - Income people, families, unaccompanied women, men, single - /two - parent families, and adult couples without children. Table 15 provides an overview of how 2011 -2012 ESG funds were utilized to meet the emergency and transitional housing needs of Santa Ana's homeless individuals and families. ■ Progress made using ESG funds to address Consolidated Plan homeless & homeless prevention needs, goals, and specific objectives Table 15 provides a summary of ESG accomplishments for the 2011 -2012 report period. ESG accomplishments are incorporated into the data listed in EXHIBIT 4 as it relates to specific homeless objectives and goals for a five -year period and the progress made over one year to meet these needs. ■ Implementation of comprehensive homeless planning strategy with ESG projects Santa Ana's homeless strategy aims to provide a complete range of activities that keep individuals and families in their home during times of crisis, and also assists those already homeless to obtain the housing and services needed to achieve self sufficiency. As summarized in Table 15 and EXHIBIT 4, the City has made strides to provide this continuum of services for the City's homeless. 08/23/2022 55 19C -63 N W_ H :.1 Q W N W N V-4 O N 14 O N O Q C� 6 3 N t!1 W m I V V -VT LD Ln N O N m 0 0 N N O d C a) O V C U C U C N N 4L N Q \ + N c�i1 a) a! `- � C U C N aJ N O a) a) C :; C N aJ -C O E a) E O O � O S O E � U C p • O 2 > > > O 2 00 w O 2 O 2 t '`= j 76 u u u > C > Y u y a v (U m d v v v > 0D v • v o 0 o °' E — (n 0 (D p p O aa) C7 o tw o aci C7 ate, L7 p U c N U u \ O Vl O �N-i I- 00 m Ql cn 00 N ID � m C14 ^ O N L! r-I r lD � m � -1 .-I H a-i e-1 V1 fa 3 LA f0 _H f6 3 N f0 3 Ln m 3 N fa 3 ^ _M m 3 N m 7 T m 3 _N m 3 N m O _ f0 3 VI f0 3 M (6 3 1A f0 0 3 Ct 'a ' '> w "a m '> .--I 'a 00 '> N 'a m '> ct 'o N '> ' tD 'a N '> `l 'a '> lD '6 '> m 'O c-i '> 00 'a -i '> 72 ^ > 00 'O m ^ 'O N N "6 �> (^Y1 j > > 'a 'a 'a "O i5 a O O O a i5 C 'a O 'a C C C C C C C C C C C C C C N • 3 00 "a N 3 O "a T 3 0) "a LA 3 N "a _N 3 00 "6 V1 3 N 'a rj _N 3 'a V1 3 O 'a VS 3 LO 'a _N 3 00 'a _M 3 N 3 O to 7 f� 'a 0 3 N 'p to 3 a0 a 00 '> N '> lD '> N '> vl '> '> '> N '> N '> rl '> r-I '> Ct > N > N > ^ > C C C C C C C C C C C C C C C L OD to to OD J C cu C C_ C O O O N N y N O N U i N N 3 2 _u Z C aJ N 3 3 3 O H _ S 2 S N N cTi f0 N C a) U t0 i0 (a �j • > O C � y C O C O c O N L a OD OLD v5 0D aC� p- c 00 a`� :±+ In p- CL L a Oo i-+ �, Z; A P � 0D � • c C E E N E as N c� E to m m E W W W W W W u O LA L Y IA N Q N N C > U L O N Q m O c c C u O w >_ J L O U S� E C O `�-' (a a 0 c 0 ai Q H a) 2 E w 'A C C CL O (A' O � 3 75 *' cu LL u u Z> Q 2 2 v iA 3 ra 2 m H v m ? rm v u > co E m v m aa)i E m 3 N 3 J OD J a1 a) V +�+ 3 Q7 O ++ p O 2 O N F- F— > I V V -VT LD Ln N O N m 0 0 B. Matching Resources Program regulations require that the City match ESG expenditures dollar for dollar. Subrecipients receiving Santa Ana's ESG funds are informed of this match requirement during the application process and are required to identify the amount and sources of matching funds. During the course of the year, a certification and copies of checks, award letters, etc. that document match funds is required by the City. Table 16 summarizes the source and amount of ESG matching funds provided by Subrecipients during the 2011- 2012 report period. TABLE 16 — ESG MATCH 2011-2012 SOURCE OF ESG MATCH Other Federal Funds MATCH AmOUNT $15,100 Local /County Government $10,100 Private Funds $261,648 Fees $0 State Government $58,500 Other $0 TOTAL $345,348 C. Activity and Beneficiary Data Emergency Solutions Grant Program Performance reports show ESG expenditures by type of activity, expenditure rate and number of persons assisted (EXHIBIT 11). ESG recipients are required to provide quarterly accomplishment reports which contain all HUD required data for IDIS reporting. Over the past years the City has revised ESG report forms in an effort to capture required HUD data more efficiently. Presently there are no significant problems in collecting, reporting, or evaluating the information reported by subrecipients. The reliability of data is reviewed during annual on -site monitoring visits. D. Homeless Discharge Coordination The City has certified to HUD that it will undertake efforts to develop and implement a homeless discharge plan. HUD has stated that as part of the City developing and implementing a homeless discharge coordination policy it may use ESG homeless prevention funds to assist Very Low - Income individuals and families at risk of becoming homeless after being released from publicly funded institutions such as health care facilities, foster care or other youth facilities, or corrections institutions or programs. On a regional basis, the County's Housing and Community Services Department has taken the lead in developing and implementing a discharge plan for the entire county and has solicited the assistance of cities such as Santa Ana. As this plan evolves, the City will explore various options in programming that ensures the needs of Santa Ana's residents are met while also addressing regional planning efforts. At the present time ESG homelessness prevention funds are not being utilized in support of a discharge plan. 08/23/2012 57 19C -65 VIII. EXHIBITS Exhibit 1 Map of City of Santa Ana CDBG Target Area & Area of Minority Concentration Maps Exhibit 2 Public Hearing /Comment Period Proof of Publication & Summary of Public Comments Exhibit 3 Consolidated Annual Performance and Evaluation Report (IDIS Report # PR 06) Exhibit 4 Summary of Prior Year Accomplishments to Meet 5 -Year Goals Exhibit 5 HUD Outcome Measurement Tables (IDIS Reports # PR 80 — 85) Exhibit 6 2011- 2012 Planned versus Actual Accomplishments (By Grant Source) Exhibit 7 CDBG Activity Summary Report - GPR (IDIS Report # PR 03) Exhibit 8 CDBG Financial Summary Report (IDIS Report # PR 26) Exhibit 9 Summary of Accomplishments Report (IDIS Report # PR 23) Exhibit 10 HOME Annual Performance Report (HUD Form 4107) Exhibit 11 ESG Statistics for Projects Report (IDIS Report # PR 19) 08/23/2012 58 19C -66 EXHIBIT 1 CITY OF SANTA ANA CDBG TARGET AREA MAP 8c AREA OF MINORITY CONCENTRATION MAPS 08/23/2012 1 Exhibit 19C -67 INTENTIONALLY BLANK 08/23/2012 2 Exhibit 1 19C -68 00 ON IV .00 is Z O H g a O a 0 z s U Z a a H LL Z O Q K F Z W v Z V 19C -70 t x W N a—I Co N M N 00 0 z O N g a O CL z a a LL O z O H Q F z W u z O u F; a q q • • o s der c � a F r r ITT T r ON W I�� s- V: s,_ n • � s # s • M � r � s a r,. 1S M3IA7l 5' 19C -71 H Y .Q x W u1 N �—I O N m N 0 INTENTIONALLY BLANK 08/23/2012 6 Exhibit 1 19C -72 EXHIBIT 2 PUBLIC HEARING/COMMENT PERIOD PROOF OF PUBLICATION SUMMARY OF PUBLIC COMMENTS 08/22/2012 1 Exhibit 2 19C -73 INTENTIONALLY BLANK 08/22/2012 2 Exhibit 2 19C -74 PUBLIC NOTICE ON THE PROPOSED SUBMISSION OF THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT NOTICE IS HEREBY GIVEN that the Community Redevelopment and Housing Commission of the City of Santa Ana will hold a public hearing on August 21, 2012 at 6:00 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California 92701, pursuant to the proposed submission of the Consolidated Annual Performance and Evaluation Report (CAPER) for fiscal year 2011 -2012. The CAPER has been completed in compliance with federal program regulations and the City's Citizen Participation Plan. The report includes a summary and evaluation of the Community Development Block Grant (CDBG), HOME Investment Partnerships Act (HOME), Housing Opportunities for People With AIDS (HOPWA), Emergency Solutions Grant (ESG) program efforts for 2011 -12 program year. The CAPER also outlines the City's specific accomplishments for federal funded programs. The above mentioned CAPER suggests that during the fiscal year the City continued to prioritize neighborhoods where City efforts would have maximum impact, while still operating key programs throughout the city. These Programs included rental assistance, rehabilitation /acquisition and new construction. The City also used federal, state and local preferences when addressing needs and considering priorities for allocating funds. Therefore, very low- income groups were considered to be one of the highest priorities. A copy of the proposed CAPER will be available for public inspection during normal business hours from August 6, 2012 to August 20, 2012 at City Hall, 20 Civic Center Plaza, in the following locations: Housing Department, 3rd floor; Community Development Agency, 6th floor; and Office of the Clerk of the Council, 8th floor. It will also be available at the public information desk in the Main Library located at 26 Civic Center Plaza, Santa Ana, California 92701. The draft will also be available on the City's website at: http://www.santa-ana.org/cda/default.asiD At any time before the date and time set for the public hearing, written comments to the proposed CAPER may be filed with the Community Development Agency at the above locations, or by email at consolidatedplanCa )-santa- ana.org All persons interested in this matter are notified to appear at the public hearing. Shelly Landry-Bayle Housing and Neighborhood Development Manager Community Development Agency of the City of Santa Ana Publish: August 5, 2012 08/22/2012 3 Exhibit 2 19C -75 SUMMARY OF PUBLIC COMMENTS SUMMARY OF COMMENTS RECEIVED DURING 15 -DAY COMMENT PERIOD: No public comments were received during the public review period. SUMMARY OF PUBLIC COMMENTS RECEIVED DURING 08/21/2012 PUBLIC HEARING: No public comments were received during the public hearing. 08/22/2012 4 Exhibit 2 19C -76 EXHIBIT 3 CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT IDIS REPORT # PR 06 Exhibit 3 19C -77 N O N ui ❑ U) 25 2 N a ui ,n ¢ a w 2 F O C C m Oi S r O N S S O O 7 c N O N M 0 0 N G O E C' C0')_ O 0M O . 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Y 0 6 fA d o E (D 0 3 W w W W w d O1 0 c7 m m C7 a a a 2 2 .12 2 iE ° w C w 0 O O o a` a m w = O 0= = = c o CL o o m IIj c'� L C 'p d ° N C •° w C •N• •= N II N N ° h oC oy c V a N E¢ II d L 6� t0 o 'N d c ° O N w N 0 O = II 0 y C y L° 0 E E c W o m c y N o m o c c w W r n ot u0i a LL, o Y x "R.S -CW0 NE d❑d N c EEvc°vmo��,�d�yy 3UC w CL C N C� C Y W n d N L 'O N G N N Gl mQ W UEyUNNN m II T •p C W�g ° o o$.m 2 EE apaaw��EW '�& E E 0� 0 0 0 8 0 0. 0� C- a- .5 aaE �U 0, =0 Un) pp 2xx 02t�2a xo M2 0 Z) O af m c o z Z W � Q� O � d � N CO a d CV O O N O N Q tC0 a� 7 a' l¢i _N m U o. c° N m U c F g� m <'n ¢WII o 3 z ¢ m a a s i 2 Q C7 to C7 m o (D en 0 m 00 o O 0 O 2 O a w w 0 w x x x x x x x u a SN Q u a N N N N N N M M M ee�� M M M C N W dT � N 19C -79 N N EXHIBIT 4 SUMMARY OF PRIOR YEAR ACCOMPLISHMENTS TO MEET 5 -YEAR GOALS 08/23/2012 1 EXHIBIT 4 19C -80 INTENTIONALLY BLANK 08/23/2012 196-81 EXHIBIT 4 HUD TABLE 2A PRIORITY HOUSING NEEDS/INVESTMENT PLAN GOALS Act Act Act Act Act Act Renters Owners - - - - - -I of - -_ -_- Individuals d 4 3✓ NON-HOMELESS SPECIAL NEEDS ------ m�sa. Developmental Disability m r o { § yam 1 1 . rug Ab Victims of Domestic • - - Total m� 215 Renter 215 Owner Homeless individuals and families assisted with transitional and permanent housing — excludes HOPWA goals and accomplishments 1. Estimate based on 2.5 individuals per household —this figure is not included in "Total." 2. Figures are not included in "Total' — Special Needs goals are incorporated into Renter and Owner "Plan" and "Act' goals. 3. Section 215 refers to the section of the HOME program regulations that stipulates the affordability requirements of both rental and ownership housing that is benefits from HOME funding. 1 HOME- assisted homebuyers (ADDI) 08/23/2012 3 EXHIBIT 4 19C -82 HUD TABLE 2A (CONTINUED) PRIORITY HOUSING ACTIVITIES CDBG Plan Act Act Act Act Act Act Acquisition of existing rental units - - - Production of new rental units Rehabilitation of existing rental units 0 0 0 Rental assistance Acquisition of existing owner units�8 Production of new owner units - - - Rehabilitation of existing owner units J 32 18 14 Homeownership assistance - - - N HOME Acquisition of existing rental units k- _ 45 11 34 Production of new rental units_. 0 0 0 Rehabilitation of existing rental units - - Rental assistance Acquisition of existing owner units - - Production of new owner units Rehabilitation of existing owner units'; 2 2 0 " Homeownership assistance, 5 4 1 ,: HOPWA Rental assistance i5t1;' 101 51 50 Short term rent/mortgage utility payments �i= 300 182 118 - 0 Facility based housing development - Facility based housing operations ��.� - - 0 p Supportive services,11]' 947 491 456 Other NSP Homebuyer Assistance 4 2 2 NSP Rental Acq /Rehab /Resale 31 14 17 Redevelopment Homebuyer Assistance 2 2 0 Cal Home Owner Rehabilitation 1. Proposed program will utilized HOME funds to purchase, rehabilitate and resell single family foreclosed properties to qualified Low - Income buyers 08/23/2012 4 EXHIBIT 4 19C -83 HUD TABLE 2B PRIORITY COMMUNITY DEVELOPMENT NEEDS 08/23/2012 5 EXHIBIT 4 19C -84 5 -Yr. Yr.1 Yr.2 Yr.3 Yr.4 Yr.5 Priority Need Goal Goal Goal Goal Goal Goal Plan /Act Plan/Aet Plan /Act Plan /Act Plan /Act Plan /Act Acquisition of Real Property Disposition - Clearance and Demolition - Clearance of Contaminated Sites Code Enforcement Public Facility (General) 0 Senior Centers - Handicapped Centers - Homeless Facilities - - Youth Centers 0 - Neighborhood Facilities (Lights) 4 0 4 Child Care Centers - - - Health Facilities - - Mental Health Facilities - Parks and/or Recreation Facilities 2 1 1 Parking Facilities 0 0 - Tree Planting - - - Fire Stations /Equipment 2 2 0 Abused/Neglected Children Facilities - - Asbestos Removal - Non- Residential Historic Preservation - Infrastructure (General) Water /Sewer Improvements 1 1 Street Improvements 6 1 5 Sidewalks /ADA Rams 1 - 1 Solid Waste Disposal Improvements - - - Flood Drainage Improvements - - - Public Services (General) 0 0 0 Senior Services " 2554 1361 1193 r, Handicapped Services 0 0 0 Legal Services - - - Youth Services 9774 4955 4819 Child Care Services - - - Transportation Services - Substance Abuse Services - Employment/Training Services ; - Health Services - Lead Hazard Screening - - - Crime Awareness 275476 275476 275,476 Fair Housing Activities 1,803 964 839 Tenant Landlord Counseling - - - Other — Emergency Shelter 1,520 724 796 Economic Development (General) C/I Land Acquisition/Disposition - - C/I Infrastructure Development C/I Building Ac /Const/Rehab ED Assistance to For -Profit ' ED Technical Assistance Micro-enterprise Assistance Other' 08/23/2012 5 EXHIBIT 4 19C -84 U.S. Department of Housing OMB Approval No. 2506 -0117 and Urban Development (Exp. 4/30/2011) Table 3A Summary of Specific Annual Objectives Grantee Name: City of Santa Ana Specific Objective Source of Year Performance Expected Actual Percent Funds Indicators Numbcr7 Number Completed Availability/Accessibility of Decent Hausiu H -1 DH OWNER- OCCUPIED CODE 2010 Housing Units 2,090 2,737 131.0% 1.1 ENFORCEMENT: 2011 Housing Units 2,090 1,800 86.1% Inspection & enforcement CDBG 2012 of housing &building 2013 codes 2014 MULTI -YEAR GOAL 7,442 4,537 60.9% DH RENTAL HOUSING NEW CDBG 2010 Housing Units 15 0 0% 1.2 CONSTRUCTION: 2011 Housing Units 16 0 0% Construct new multi- HOME 2012 family housing for renters 2013 (subsidies for 3 projects) Redev 2014 MULTI -YEAR GOAL 75 0 0% DH EMERGENCY SHELTER: 2010 Individuals 771/14 724/20 93.9%/142.9% 1.3 Support service agencies 2011 Individuals 761/75 796/48 104.6%/64.0% that provide short -term 2012 Individuals shelter (up to 3 months) ESG/ 2013 to households that are in HOPWA 2014 MULTI -YEAR GOAL 5,000 ESG 1,520 30.4% immediate need of shelter & support services 343 HOPWA 68 19.8% DH TRANSITIONAL HOUSING: 2010 Individuals 75/89 84/106 112.0%/119.1% 1.4 Support service agencies 2011 Individuals 130/70 89/82 68.5%/117.1% that provide transitional 2012 housing (3 to 24 months) 2013 to homeless households ESG/ 2014 that are stabilized yet still HOPWA require housing, case management & other life MULTI -YEAR GOAL 350 ESG 173 49.4% skills in order to become self sufficient 37 HOPWA 188 508.1% DH PERMANENT 2010 Units 10/50 0/51 0%/102.0% 1.5 SUPPORTIVE HOUSING: 2011 Units 10/50 10/50 100% /100% Support local service Housing 2012 agencies that provide Vouchers/ 2013 permanent housing for HOPWA/ 2014 homeless households that ESG Rapid have graduated from Re- transitional housing and housing are prepared to integrate MULTI -YEAR GOAL 50 Vouchers 10 20.0% into the community. 1 250 HOPWA 101 40.4% 08/23/2012 6 EXHIBIT 4 19C -85 Specific Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Com feted DH FAIR HOUSING SERVICES: 2010 Households 1,170 964 82.4% 1.6 Implement the actions 2011 Households 1,160 839 72.3% outlined in the City's 2012 Analysis of Impediments 2013 to Fair Housing 2014 including financial support for fair housing CDBG education, training & referral services; enforce fair housing laws & prosecute fair housing MULTI -YEAR GOAL 6,000 1,803 30.1% law violators Afford ability of Decent li[ousib DH -2) DH HOUSING CHOICE 2010 Households 2,600 2,646 101.8% 2.1 VOUCHER RENTAL 2011 Households 2,658 2,812 105.8% ASSISTANCE: Support for Housing 2012 Santa Ana Housing Choice 2013 Authority's efforts to Voucher 2014 provide Housing Choice (formerly Vouchers to lower income Section 8) MULTI -YEAR GOAL 2,629 (2 Yr Avg) 2,729 (2 Yr Avg) 103.8% households & to obtain additional HUD vouchers DH HOMELESSNESS 2010 Individuals 207/148 163/182 78.7 %/123.0% 2.1 PREVENTION: Support 2011 Individuals 761/175 180/70 23.7 %/40.0% service providers that 2012 assist households at risk 2013 of becoming homeless. 2014 Assistance may include ESG/ short -term financial HOPWA subsidy to prevent eviction, foreclosure and /or utility termination MULTI -YEAR GOAL 1,000 ESG 343 34.3% & support services 437 HOPWA 252 57.7% Sustainability of becent Housing (D14-3) DH HOMEOWNER OCCUPIED 2010 Housing Units 30 19 63.3% 3.1 HOUSING REHAB: Provide 2011 Housing Units 30 14 46.7% rehab loans & other 2012 forms of subsidies to CDBG 2013 assist homeowners 2014 improve primary HOME residence to correct code violations, address Cal Home deferred maintenance & improve neighborhood aesthetics MULTI -YEAR GOAL 75 33 44.0% 08/23/2012 7 EXHIBIT 4 19C -86 Specific Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Completed DH MOBILE HOME REHAB: 2010 Housing Units 4 2 50% 3.2 Zero % interest loans to 2011 Housing Units 3 0 0% coach owners to upgrade 2012 home to minimum 2013 housing standards or to HOME 2014 replace substantially deteriorated coaches that MULTI -YEAR GOAL 30 2 6.7% can't be rehabbed DH RESIDENTIAL HISTORIC 2010 Housing Units 0 0 NA 3.3 PRESERVATION: Assist 2011 Housing Units 0 0 NA owners of historic 2012 properties to restore CDBG 2013 structure to Sec of 2014 Interior Standards for Historic Preservation MULTI -YEAR GOAL 3 0 0% DH RENTAL HOUSING 2010 Housing Units 7 11 157.1% 3.4 ACQUISITION /REHAB: CDBG 2011 Housing Units 0 34 NA Assist with acquisition 2012 & /or rehab of affordable HOME 2013 rental housing - projects 2014 may be undertaken with Redev assistance of a CHDO MULTI -YEAR GOAL 100 45 45.0% DH RENTAL HOUSING 2010 Housing Units 10 0 0% 3.5 REHAB: Assist private 2011 Housing Units 10 0 0% property owner(s) rehab CDBG 2012 Housing Units affordable rental housing 2013 units 2014 MULTI -YEAR GOAL 10 0 0% DH RENTER - OCCUPIED CODE 2010 Housing Units 1,000 1,005 100.5% 3.6 ENFORCEMENT: 2011 Housing Units 1,000 1,176 117.6% Inspection & enforcement CDBG 2012 of housing & building 2013 codes 2014 MULTI -YEAR GOAL 8,000 2,181 27.3% Avail abilit y /Accessibilitof Suitable Li vin EnvironRnent SL-] SL SUPPORTIVE SERVICES: 2010 Individuals 1,345/336 1,471/491 109.4 916/146.1% 1.1 Support service agencies 2011 Individuals 608/376 855/456 140.6 %/121.3% that provide supportive 2012 services for homeless ESG/ 2013 individuals that HOPWA 2014 address specific needs or MULTI -YEAR GOAL 1,000 ESG 2,326 232.6% helps achieve self- sufficiency 3,000 HoPWA 947 31.6% 08/23/2012 196-87 EXHIBIT 4 Specific Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Com leted SL SERVICES FOR 2010 Individuals 885 1,360 153.8% 1.2 ELDERLY /FRAIL ELDERLY: 2011 Individuals 1,300 1,196 92.0% Support public & non- 2012 profit organizations that 2013 provide services to 2014 seniors & frail elderly to will help seniors & frail CDBG elderly maintain independent living situation or ensure they are provided, service that improves quality of life MULTI -YEAR GOAL 3,750 2,556 68.2% SL SERVICES FOR DISABLED: 2010 Individuals 0 0 NA 1.3 Support public & non- 2011 Individuals 0 0 NA profit agencies that 2012 provide services to 2013 disabled & develop- 2014 mentally disabled to CDBG maintain independent living or ensure they are provided service that improves quality of life MULTI -YEAR GOAL 100 0 0% SL YOUTH PUBLIC SERVICES: 2010 Individuals 2,900 4,955 170.9% 1.4 Support public & non- 2011 Individuals 4,250 4,819 113.4% profit agencies that assist CDBG 2012 lower income families 2013 with children 2014 MULTI -YEAR GOAL 10,000 9,774 97.7% SL ANTI -CRIME PUBLIC 2010 Individuals 275,476 275,476 100% 1.5 SERVICES: Crime 2011 Individuals 275,476 275,476 100% reduction activities 2012 including the City's 2013 helicopter program; CDBG 2014 program will help make the City's lower income area safer by reducing MULTI -YEAR GOAL 275,476 275,476 100% police response SL LOW & MODERATE- 2010 Individuals 0 0 NA 1.6 INCOME PUBLIC 2011 Individuals 0 0 NA SERVICES: Facilitate 2012 . access to a variety of 2013 social services for Low- 2014 and Moderate- Income CDBG individuals that helps MULTI -YEAR GOAL 10,000 0 0% improve quality of. life. Goals include homeless outreach & assessment. 08/23/2012 9 EXHIBIT 4 19C -88 Specific Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Com leted Affordabitit of Suitable Living E'nviron,ment SL-2 SL 2010 2.1 2011 2012 NA NA NA NA NA NA 2013 2014 MULTI -YEAR GOAL NA NA NA Sustainability of Suitable Living Environment (SL-3) SL PUBLIC INFRASTRUCTURE 2010 Projects 1 1 100.0% 3.1 IMPROVEMENTS: 201.1.8 Projects 2 6 300.0% Financial assistance for 2012 CDBG - eligible projects 2013 that improve or upgrade 2014 the City's infrastructure & CDBG address a priority need (repair /replace residential street, side - walks, ADA compliance & related improvements MULTI -YEAR GOAL 5 7 140.0% SL PUBLIC FACILITY 2010 Projects 6 3 50% 3.2 IMPROVEMENTS: 2011 b Projects 2 6 300% Financial assistance for 2012 CDBG - eligible projects 2013 that improve /upgrade the 2014 City's public facilities & address priority needs CDBG (repair, replace or upgrade fire equipment, neighborhood parks/ centers, non - historic facilities & ADA MULTI -YEAR GOAL 12 9 75.0% compliance Availabilit /Accessibitit of Economic Oppo rtunit EO -j EO 2010 1.1 2011 2012 NA NA NA NA NA NA 2013 2014 MULTI -YEAR GOAL NA NA NA Affordability of Economic O ortunit EQ. -2 EO 2010 2.1 2011 NA NA 2012 NA NA NA NA 2013 2014 MULTI -YEAR GOAL NA NA NA 08/23/2012 196-89 EXHIBIT4 Specific Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Completed Sustka nabilit' of )Economic Opportunity (EO -3) EO 2010 3.1 2011 2012 NA NA NA NA NA NA 2013 2014 MULTI -YEAR GOAL NA NA NA Neighborhood, Revltfallzatiorl R -1 NR 2010 1.1 2011 2012 NA NA NA NA NA NA 2013 2014 MULTI -YEAR GOAL NA NA NA Other O -1 O CDBG PROGRAM 2010 Yr of Admin 1 1 100% 1.1 ADMINISTRATION: 2011 Yr of Admin 1 1 100% Ensure efficient /effective CDBG 2012 use of HUD grants to 2013 address Consolidated ESG 2014 Plan priorities, provide HOME oversight & coordination to make certain funds are HOPWA spent properly & in a MULTI -YEAR GOAL S 2 40% timely manner Other (0 -2) O 2010 2.1 2011 2012 NA NA NA NA NA NA 2013 2014 MULTI -YEAR GOAL NA NA NA a. In addition to the infrastructure projects reported completed during 2011 -2012, one additional public infrastructure project was underway during the report period. b. In addition to the public facility projects reported completed during 2011 -2012, an additional 16 public facility projects were underway during the report period. 08/23/2012 11 ExtIIBIT 4 19C -90 INTENTIONALLY BLANK 08,23,2012 1 9 d -91 EXHIBIT 4 EXHIBIT 5 HUD OUTCOME MEASUREMENTS TABLES (IDIS REPORTS #PR 80 - 85) Exhibit 5 19C -92 N O + O N N }OOO c 0 O O_ J � r w � � a O O i a` > o 0 o •- a a'ci i o i Z S C Ecvv m o E E > —0 2 y t� c a o E :¢ o a -e _ o o Q v O S c m m E vt x a Ol � Q rn i m C a O, (n 7 L c_ i Of m N ti Z vyi > n n ""� m 7 u t d c ce 0 0 O 2 C o�ExN f- O E 21 ? c E o m E E U O f ch m o a Q o m d a) m O_ V CD a Q i^s�x a 4 11 0 a .1000 10 0 0 i0 0 0 i000 ! O O O +f} i4 4q- C) 4 O O 0 va C c V O O ea ea C in- +r. 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O O O O O O N N 4 O O M M C O N N O v O V- O O C O li C O O C O N } O M O N O V' C 1 O O O O -+ C O O U O N r O M O N t O O 1 O O O r C; O p 10 O O O O O O -+ O O O O O N Ci M C N O V' Cl H O O O O O O O O O ICS O O O O O N O M O N V' O O O N O M O N V' 0 O I O O O O C] O ' N H O O O 0 G1 tf cm C O CL O 0 3 m _ _u O >. c W °19C -121 N M N N 00 O E O1 f0 oF=a 0 0 0 C. 0 0 0 0 0 0 0 0 > vs 43 v n O a � 0 0 0 0 Q 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 HST O O O O y C) C :6 O m O Q L 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O1 C 0 C J = � c C U C (n LL w E O O a 19C -122 N Y a E h E Q m v � Q o > `o E 3 z s E c c o s° C r0 c c o Cl c c v c E C E E v = a M o c CL in CU U o VI H y = m t C 3 �i E 0 s v n E 0 s ` N O N a O M GC O Ln co � 01 a c 2 � 0 of v 0 ,a d n 0 0 0 C. 0 0 0 0 0 0 0 0 > vs 43 v n O a � 0 0 0 0 Q 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 HST O O O O y C) C :6 O m O Q L 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O1 C 0 C J = � c C U C (n LL w E O O a 19C -122 EXHIBIT 6 2011-2012 PLANNED VERSUS ACTUAL ACCOMPLISHMENTS (BY HUD GRANT SOURCE 08/23/2012 1 Exhibit 6 19C -123 INTENTIONALLY BLANK 08/23/2012 2 Exhibit 6 19C -124 2011-2012 PLANNED VERSUS ACTUAL ACCOMPLISHMENTS (BY HUD GRANT SOURCE) PRIORITY ACTUAL % ACTUAL CDBG ADMINISTRATION • CDBG Program Administration High 1 1 100% YEAR YEAR • Fair Housing High 1,160 839 72.3% HSHLDS HSHLDS PUBLIC FACILITIES • Park Facility Improvements 1 High 20.0% PROJECT PROJECT • Street Improvements Z High 1 5 500.0% PROJECTS PROJECTS • Neighborhood Sponsored Projects 3 High 2 4 200.0% PROJECTS PROJECTS • Public Facility Improvement 4 High 100.0% PROJECT PROJECTS • Public Infrastructure Improvement S High 0 1 NA% PROJECT PROJECTS HOUSING • Code Enforcement High 3,090 3,516 113.8% UNITS UNITS • Multi - Family Rehabilitation High 10 0% UNITS u0TS • Single - Family Rehabilitation High 30 14 46.7% UNITS PUBLIC SERVICES Low /Moderate - Income Services • SAPD Helicopter High 275,476 275,476 100% INDIVIDUALS INDIVIDUALS Senior Services • Community SeniorSery High 1300 1196 92.0% INDIVIDUALS INDIVIDUALS Youth Services • City of Santa Ana —After School Library High 3,000 3,903 130.1% INDIVIDUALS INDIVIDUALS • City of Santa Ana - Project Pride High 750 916 122.1% INDIVIDUALS INDIVIDUALS ESG • City of Santa Ana — ESG Admin High 1 1 100% YEAR YEAR • Dayle McIntosh Center for the Disabled High 88 44 50.0% INDIVIDUALS INDIVIDUALS • Human Options High 20 36 180.0% INDIVIDUALS INDIVIDUALS • Interval House High 81 117.4% . NDIVIDUALS INDIVIDUALS 08/23/2012 3 Exhibit 6 19C -125 1. "Planned" equals the number of park projects funded during FY 11 -12. "Actual" equals total park projects completed during the report period; these could have been started in prior years; 13 additional park projects were underway during the report period. 2. "Planned" equals the number of street projects funded during FY 11 -12. "Actual" equals total street projects completed during the report period; these could have been started in prior years; 1 additional street project was underway during the report period. 3. "Planned" equals the number of neighborhood projects funded during FY 11 -12. "Actual" equals total neighborhood projects completed during the report period; these could have been started in prior years; No additional neighborhood proiects were underway during the report period. 4. "Planned" equals the number of public facility projects funded during FY 11 -12. "Actual" equals total public facility projects completed during the report period; these could have been started in prior years; 3 additional facility projects were underway during report period. 5. "Planned" equals the number of public infrastructure projects funded during FY 11 -12. "Actual" equals total public infrastructure projects completed during the report period; these could have been started in prior years; No additional infrastructure projects were underway during the report period. 6. The City typically combines CHDO & MF acquisition /rehabilitation resources. Combined the total "Planned" for 11 -12 totaled 6 units; "Actual" combined accomplished totaled 34 units. 7. No single - family owner units were rehabbed with HOME funds during FY 11 -12; however, 1 unit was assisted with ADDI- funded homebuyer assistance. 08/23/2012 4 Exhibit 6 19C -126 PRIORITY • Laura's House High 25 32 128% INDIVIDUALS INDIVIDUALS • Legal Aid Society High 58 54 93% INDIVIDUALS INDIVIDUALS • Mercy House — Armory Program High 425 377 89% INDIVIDUALS INDIVIDUALS • Mercy House Transitional Housing High 25% INDIVIDUALS INDIV IDUALS DUALS • Orange County Mental Health Association High 550 801 146% INDIVIDUALS INDIVIDUALS • SW Minority Econ. Dev. Agency High 216 136 63% INDIVIDUALS INDIVIDUALS • The Villas High 72% INDIVIDUALS INDIVIDUALS • Thomas House High 15 18 120% INDIVIDUALS INDIVIDUALS • Veterans First High 40 7 17.5% INDIVIDUALS INDIVIDUALS • WISE Place High 27 38 141% INDIVIDUALS INDIVIDUALS • Women's Transitional Living Center High 222 257 116% INDIVIDUALS INDIVIDUALS HOME • CHDO Project(S) 6 High 0% UNITS u0 TS • HOME Program Administration High 100% YEAR YEAR • Multi - Family Acquisition /Rehabilitation 6 High 4 566.7% Units UNITS • Multi - Family New Construction High 10s 0% u0 TS • Single - Family Rehabilitation 7 High 3 0 0% Units UNITS HOPWA • HOPWA Program Administration High 100% YEAR YEAR • Housing & Supportive Services High 174.5% IND3 DUALS (ND16V DUALS • Tenant Based Rental Assistance High 50 50 100% INDIVIDUALS INDIVIDUALS 1. "Planned" equals the number of park projects funded during FY 11 -12. "Actual" equals total park projects completed during the report period; these could have been started in prior years; 13 additional park projects were underway during the report period. 2. "Planned" equals the number of street projects funded during FY 11 -12. "Actual" equals total street projects completed during the report period; these could have been started in prior years; 1 additional street project was underway during the report period. 3. "Planned" equals the number of neighborhood projects funded during FY 11 -12. "Actual" equals total neighborhood projects completed during the report period; these could have been started in prior years; No additional neighborhood proiects were underway during the report period. 4. "Planned" equals the number of public facility projects funded during FY 11 -12. "Actual" equals total public facility projects completed during the report period; these could have been started in prior years; 3 additional facility projects were underway during report period. 5. "Planned" equals the number of public infrastructure projects funded during FY 11 -12. "Actual" equals total public infrastructure projects completed during the report period; these could have been started in prior years; No additional infrastructure projects were underway during the report period. 6. The City typically combines CHDO & MF acquisition /rehabilitation resources. Combined the total "Planned" for 11 -12 totaled 6 units; "Actual" combined accomplished totaled 34 units. 7. No single - family owner units were rehabbed with HOME funds during FY 11 -12; however, 1 unit was assisted with ADDI- funded homebuyer assistance. 08/23/2012 4 Exhibit 6 19C -126 EXHIBIT 7 CDBG ACTIVITY SUMMARY REPORT GPR FOR PROGRAM YEAR 2011 IDIS REPORT # PR 03 Exhibit 7 19C -127 N .--1 O N Q1 Q d' O O N i N 01 oF-a C E a 0 Q� Q c C 0 O N ro CL a� 0 Cl N L C C f0 Q V) p `Ca a L L C: 0 m C /\ cn o ~ Q c '�n Z •� � V Q y L a 0z CL a �N�Ln E c L G C U cl E O v � � O c Q m 0 U JS�NG tAj�,h �r rb a � JQ�Q �� S 71 Abp 19C -128 :Q :F- .Q i :� .a c a� E C O 'j c a) m C a) M N a) M U E U 00 C D O Q U U) z I-- � W W 2 w 0 G a a - o 0 o � LL 04 Q � � U LL R' N Z Q U M Q m m a0 z a C) can Oi _E tom3 M EO N d U U to w v a .o N a a cn 3 a J m U a) O O Z c Q 0 J M d Z O U W O U w m O E > W o w E Z C t/I M Z O W U N M �o W U ca 0 LL M U d a 0 a -°a o a� U a O U X V LL M 0 W � p d y co to 0 N O Q v 0 o J ro C U c a> o M � CL ~ a m� C H U w L Z C d E r (A a E O U v 2 c d E c w m c � 0 v v a is 7 N C } `1 a p 0 0 O m 0 0 tit w z z cn cn g g m' m Z Z w w O O CL a W W ft-L W 0 U o co Q J U a) O m c 0 .lia, Z c m c 0 •� Y M > N O U E _m o E o-M M M — N m m 0 Q In ai a E U N U O O a U a z Z a a 0 N 0 N 0 N m N = N w 00 Z L U (D i ag 0 w U m V � C Q N o d � � 'P20 J W Q O O J Z U Z w 2 w O d w w ,o O a u) �L Q N Z LL IT v 0o N (6 r9 Nr IT O CND N o ao LO o o O o O) N N N O to c0 a`) O w N r } crs } aci rn E y M O d o m a o n o E Im c Q J H c 5 c a U- = C c Z a� m to R c LL O a w C (O E O LL C U R a` y co to 0 N O Q v 0 o J ro C U c a> o M � CL ~ a m� C H U w L Z C d E r (A a E O U v 2 c d E c w m c � 0 v v a is 7 N C } `1 a p 0 0 O m 0 0 tit w z z cn cn g g m' m Z Z w w O O CL a W W ft-L W 0 U o co Q J U a) O m c 0 .lia, Z c m c 0 •� Y M > N O U E _m o E o-M M M — N m m 0 Q In ai a E U N U O O a U a z Z a a 0 N 0 N 0 N m N = N w 00 Z L U (D i ag 0 w U m V � C Q N o d � � 'P20 J W Q O O J Z U Z w 2 w O d w w ,o O a u) �L Q N Z LL w L Z CL C d r E O V 0 Q CD C d � E c N m CL 0 v a � a) c a :r- :C,) .O .N :o :Q .Q C) Nr IT ao � N o ao LO co 00 o O) N ao Imo- to c0 Vi O N N r W M O d N N J } r m M c Z a� E } E cn (O E N • • C U R 0) a yr _ o m n. p O o E o c cv U c E Q 0 -C � 0 m C7 o t- C c a N CL o- C M 0 O c LL a O a CL H U r C O 5 'u. a` w L Z CL C d r E O V 0 Q CD C d � E c N m CL 0 v a � a) c a :r- :C,) .O .N :o :Q .Q O O LO a0 J O rn - 0 Y m N d c,.j 0 0) M N O a C O O p (O U) (6 Z O n � Z Y O O CA CO a a Z E O ? w Q 'j aCi m U O 0) w U > W m o g 0 U .O O +O+ 7 U a) U) w to = $i W Q' CIO 9 N > ui O U J ci a a °° N c a +°3 cv c o > E V _a j U O a> L¢L O Z O 0 2 0 w O O LO a0 O rn - 0 Y m Q d c,.j .i 0) M N O C r O p (O U) J a O n � Z Z O O CA CO ij Z LU w H v W C14 w U rn O il. 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Z 3 I9C -O 40a z N c E ,U cu C = ca a oaN o i i-° �M ;M ; Q :Q ;H CD C- ai a m od e a • U Z v d Z C-6 c Y c Y m m m O Q Q N Q m cc m Q U m cu _ Q Q o m U m -2 o a) m 0 mQQzQQm N c E ,U cu C = ca a oaN o i i-° �M ;M ; Q :Q ;H CD C- m m § _ d � 0 k z !o 0 0 0 0 0 0 0 0 0 0 0 .41) \ 41 kCL 0- 0 0 0 0 0 0 0 0 0 0 0 k e � ƒ 0 0 0 0 0 0 o 0 0 0 ) E 0 e ; _ 0 0 0 0 0 0 0 0 0 0 / . § o 0 0 0 0 0 0 0 0 o o � { o 0 o 0 0 0 0 0 0 0 o 0 $ 0 0 0 0 0 0 0 0 0 0 § ( § 0 0 0 0 0 p c iL \° 2 �» e 6 : .\ \ (D . © � � .\ k U) . m D 43 $ .±2§ ` i 2 Co \ } > \ IL < _ / / 0 . $ § _ . d ` 3 rL / / / 0 . o 0 0 o / ƒ !o 0 0 0 0 0 0 0 0 0 0 0 .41) \ 41 kCL 0- 0 0 0 0 0 0 0 0 0 0 0 k e � ƒ 0 0 0 0 0 0 o 0 0 0 ) E 0 e ; _ 0 0 0 0 0 0 0 0 0 0 / . § o 0 0 0 0 0 0 0 0 o o � { o 0 o 0 0 0 0 0 0 0 o 0 $ 0 0 0 0 0 0 0 0 0 0 § ( § 0 0 0 0 0 p c iL \° 2 �» e � E / )\ �ƒ% ! 3 / (ƒ :a. 6 : k \ � ` \ / \} 2 z z % EL % 4 a + 0 0 0 0 0 n d k o < \ \ < m z c ,< -0 / c £ f 8 \ % % / • } { \ \I / • $ = c » _ /R § E # E j / m < < z < < «,Ix 0 0 0 0 0 \ / \ 0 \ \ ) \ < ■ 0 ;- z f: ƒ J 7 0 Lu 2 (14 o o e a § x 0 0 0 0 « \,ƒ 0\ » § »< q o L -a k 0 0 � 0 & a ° a E \/ 0) 2 /% S - \ §9 k \0 0 ' lz E /ff E 2 6 2 2 20± ƒ CD \ C'J :/ Cl) 2 j 2 k . o \ e \/$ e § R ® p � \ ° ° \ e § a ] 3% o \ E # \ E s u a e a 3 ± / _ / S i / 4 2 2 c § CO \ E / 7 ] { \ ' - § ± \ \ 2 $ 8 @ / _ - \ } R R } \ \ / \ 3 \ / } / / \.k ) k_ i Ln ca (I e 2 « a 9 E u 90-141 a « k � E / )\ �ƒ% ! 3 / (ƒ :a. 6 : k \ � / \} z z % EL % 4 a + ƒ + cc . q n < \ \ < m c -0 -0 c £ f 8 \ % % / • } _ co o / 6 • $ = c » _ /R § E # E j / m < < z < < m . � E / )\ �ƒ% ! 3 / (ƒ :a. 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O = O O O O O O o O ; O w C) o 0 0 o o 0 a CL C 0 0 0 0 o o o 0 0 m 0 U 0 0 0 0 0 0 0 0 p_ m 0 3 = O 0 0 0 0 0 0 0 0 f6 H N O C Z N •• f6 06 E E O N L t6 E L N d C to N O pp lC4 m U F d " c O N .p, .. .0 m N ea 7 a O E o H O Q Q N Au cc E Q ,Z :Q 0 c .f6 c ai C Q a U Q a O y Q V Q N U cai N 0 U � c 0 ti U N ca d tfi C L z 2 Q oa0 - Q O N o m :a t a 2 a a s 1 1%1 V �� 42LL a ¢ z N N f6 06 U L Z U Z c pp c 06 N Y Y N o Q O Q Q N Au cc E Q ,Z :Q c .f6 c ai = Q N U cai N U ' N N N ca m Q Q z Q Q oa0 :a 'M 'w ;o je- :a w !- z w H z w w W F- w z 0 w V F- F_ LQL. LL J J + m m C� Q Co U U O N z :a :Q lC ; Ln > a c m ;o IL ` a` in ; a a J O O O O O N a U N O 0 0 0 O o m c 0 m z 0 0 0 0 O N C O U M O O O O O O O O N N CO O LL O O O O O N -> N O N U � U � � � _ U O O O O O O T� , U a � 1 'M 'w ;o je- :a w !- z w H z w w W F- w z 0 w V F- F_ LQL. 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(n �p U O L �p U° 10- a Z a a ((n u= F a (n � FO- c �o LA 4 V E p, a N V OO 7 p n. 0 a E co O� n n (D �1 LA O 01 O u TAR N 0 Cn 'O V = L i 19C -176 1 A N O O O O N II I N GO N II 0 0 0 0 0 0 10 O o o O O 4t 0 0 0 0 0 0 0 0 O O MO O 0 0 0 0 0 0 O O G t0 O M Ln N 1-4 M M Ln N 0 LO N M N N *� MI O rj 0 0 0 a 0 0 0 O N O N 00 -4 .-L O .--i O +-q O O N Gq- l0 O M Ln r� M M Ln N n � C) V4 W n r, C14 M N N -4 Ln M M v1 rNl ~ it vi iM O n 0 ri M M N rl cL CD O C M c 19C -177 c� N � L Q a ir N i L Q !� V (O 4 ZS i2 = oiS H ; N H m U ;y � Z v Z ? t Z u ZIIO > ° z c c Y a Y c a z L .I..i L r fu N O .y '° Q c r° T a) c ra rg Q¢ 'o p Q ra @ rco Q c @ .N c o ja I c c Z c v c c O _ O c= c c O Q as �= w Q w �asQ� E w c c w �aSa� Ec7 (O a� Ia f6 . a� �p v N a� a a� t m Q a+ /�y� Z .L� u .1� a� m j:.l Q V i- m Q Q Z Q Q m Q Q O F- 3: m Q /y03 Q z Q Q m Q Q V cL CD O C M c 19C -177 0�r r O o� d r m U d O Q V Q~ Z y m V G7 C G7 m G7 m D U C 0 0 0 0 0 0 00^^ M QN M 4m O G � ri LA t0 d a 0 0 0 0 0 0 0 0 0 0 0 0 d 'a v O L d ++ c d a O q- O v- 0 0 0 0 0 0 .Q 7 V V O L C 3 O a o Ln 0Op o W M II II °O M II 11 °Q II V V W II V V O cn N A N A N W 3 O '6 no 3 O ra io O a \° \° O V O O V T o o 3 c T o 0 3 c E E A A J O 00 E A A J O m cQi '- 3 0 `3 3 .�7.�! 3 0 0 0 0 H W Jm g Z g W J2 g Z g O C .y cn C O 0 O O C = Z 19C -178 01 ', al H 2r Q M N . M M .-4 —4 i L C M M Fpo �O O = O O N 7 of �G7 O N y P, -� V1, m ko CL to �- cn E rn 8 u m E U =31- U c to � V iL u) t— S C7 19C -1 °� i- , 9 Imo— H = C9 NQ O1 _N �C d O 2 C 7 O Q 0) LA H D 01 ', al H 2r Q M N . M M .-4 —4 i L M N —4 M M Fpo �O C = O O N 7 of O O O N N o -I P, -� V1, m ko lZ to c E w o cn E rn =3 �— �+' m E U =31- 0 0 0 c to � f9 `S E R iL u) m V4 M vi IM M O N t 4q- M 7 CO N Aov- i a �d a0 U C 0 O 0 O O H O O 1 O O O O O 1 O ri 0 O �o 0 Ln 0 Li 0 ri M O O [+f O 'O `° T4 IN !i ri 74 c N Q V O 00 9 Ae c as E O � G U H O N i fCp i L f (O _ N m q� k2 N Fpo �O C = t_^ 7 of O O O i N o -I P, -� �o O O lZ O `° T4 IN !i ri 74 c N Q V O 00 9 Ae c as E O � G U H O 1000 O O C� N i fCp i L f (O _ N m q� k2 N Fpo �O C = t_^ 7 of E 0 O N -Q to d O. E O O m N _0 V) v= : E c 0 �-� a=i 0 c E w o cn E rn =3 �— �+' m E U =31- 0 0 0 c to � f9 `S E R iL u) t— S C7 19C -1 °� i- , 9 Imo— H = C9 1000 O O C� N i fCp EO a) = E (O _ N m N S E O C F 0 V) c = t_^ E m � LL ti5 H H = C7 7 l IV 3 E 0 2 O1 C W O om v o = E W = m E z M H Q o[ ++ .c U. z Q C U) O E o U C d O I �l YI O O O � m M ri d � a E 0 U O*-+o ES c � CL E 0 U C � dm CL Ln E 'x U o o .� a0i C d S O Ex U �i ffl •C O O N ,1 L .0 c. CL E ES O O O N U u�M .�o� CL La E_ O p C T4 V 'i O C 0). a0i 'E O dl 2 0 N_ N m rl � C m N m c C M �= � 'a A O O M ri C a Ln ES c� C � CL 0 U o o .� CL Ex U C +' O � CL E U (A O O N _ =dmm CL La E_ U O N O � v L OZS N f0 z C !O Y m Q C 'D C C N L {!1 E Q Q 19C -1 v L OAS d i z C R Y N _R Q C _R C C ate-+ C N L Um U}} E 6 OQ Q M IN %D V4 M N �-I M 74 EXHIBIT 10 HOME ANNUAL PERFORMANCE REPORT HUD FORM 4107 08/23/2012 1 Exhibit 10 19C -181 INTENTIONALLY BLANK 08/23/2012 2 Exhibit 10 19C -182 Annual Performance Report U.S. Deprtmiant at Housing OMB Awwa No. 250&0171 and Utbart Osvilsopinam HOME Program Offtm of Community Planning and Developrnent PObIiOmV*#b#Vburden for Ifft CW*cwnol informovsAis os*NWW toweroge 2.8 bDuirs per roWso, kftdbV the time for roviewiting oetructiom, seamhing extstitV data sources, gathering and MAMIWnkV the data needed, SW Corn and Mirivalfto the c6lection of Klarmailm This ipervey may not wduot or sponsor, and a poem is " mq*ed I* respond W a *Wildlon of torte ratiatian tMIOU ftt Collection displays a V410 OMB a0rol niumto4r, The HOME start fe ImPoe" a slinftent number of data oollectlon and reporting requirements, This Inciludes 10orw4stion on awsted pr"rtios. on the owners or tenants ot the properties, and on other preotammatic lvoo$. The W"WOM 44111 be usect 111& asew ROME forfidparift In maftagirka their piograft; 2) to Itacit porlotirwarioi of Vigruicowls im meeting fund commibnent and expenditure deaOnes; 31 to pormig MU to OWWmine whether each Wktowl wools Me 140ME slaMory incorre targeting and affaf dability requirements; and 41 to perrMt HUO to detemine compliance with other slalulory and regulatory pmWwn requilreumnle. 'This data collection is authorized under Title II of the Cranalon-Gonzalez Nallong Afford" Housing Act orrelated srudwttiiea. Meese to Federal gtaM lutim is wntirip"I On The FePOMir* Of Ortibift PK4W,Opeelk 1*0 elitiffieftit- Rftofds of Woof"wfloo cosec"O VAII be mWrW&k-*d by the tKipi"is of k4oamotiort on activities an* Ovoneouros of jj;4r# kw-ft Is Public ifillorftolloft and is 9"Gratty ava"we lot OwAnmure. Rw*iants we r4sponsible ior ensuring conralordiality vffien "k disclosure is not required This Corm is Mended to collect numeric data to be aggregated fildenoly at a C*Mplomont to dais *OIIW*d lhrotqh We Cash and MoA;sO*m#M InkMt)o" 10M) SMeth. PWIlcipants shouild enter sw topartieg period In ft OW bACK*. This rq"rO"g period IS October I to September 30, lristrucftna are Includw for each section it lurrthat i xpjartaaos 11; needed, 4, A#(K-w%sxp~wr#n&AiF 5. Daft we an hand si andol SUDION Mis lof" on Of before December 31. Send one OPPY to the awmprials MW Freed 00w and we copy 1w. This report 16 far Ooftd (MM?d&YWY) 0010 Submitted f*wAw'f$"j "CIME 1"OOMM, NO 7174h 451 71h 6*004, S.W., Washington D . 20410 OWO I M 11 061302012 09i"d012012 Part I Parn Identification 189,669.30 MC 06 OM I City of Santa Ana 2 3, N"w of F"son d&**e6fw lids 1"Pori Terry Gilbreth 714 6197-2221 6 Ad*aw e- CKV 7. Smrtr 8. ZPCt'* 20 Civic Center Plaza, M-37 Santa Am 2, Ooftf Anowts rs ?a!t kj! afl klciom# &*or the tollowling prograrn Income WMO%Mto far the tepostitV "flod: In bl*C4E 1.O ter the balance on h*W at the bqVkq*g. in t4ol* 2, enter the a"ount oonetatod; in block 3. antat the axwmnt amerAnd: and in rinr;r A- aryta, th. —o i— we. i vari to minor" wustness enterpnisew JUSE) am Women Business Enterprises (Wee) 1h this table beftw, lr4ow the numt>ew or4 dollar value of Wflkrads for HOVE pr completed during the repudirM Amamn lnrlt�tL7 L PACIM Rom, 1. Mumbef'--- 2- DollwAinowt 1. Number 2, Wlar An4unt D 01 a TQWW'0004""dso 4, A#(K-w%sxp~wr#n&AiF 5. Daft we an hand si andol n"Olufts ft4ed b- WomenBuihess Owwd newit A&-,jmmw i Nport" Period (I * 2 5 0 189,669.30 vari to minor" wustness enterpnisew JUSE) am Women Business Enterprises (Wee) 1h this table beftw, lr4ow the numt>ew or4 dollar value of Wflkrads for HOVE pr completed during the repudirM Amamn lnrlt�tL7 L PACIM Rom, 1. Mumbef'--- 2- DollwAinowt 1. Number 2, Wlar An4unt D 01 a. Tama b- WomenBuihess C- M110 Mffirscis 2 2. Dollar Amount M462 733A62 1. Nurnberg 0 2, Ooftf Anowts rs f. Wlar 2 733,452 Pago I or 2 to= HUD-40107 (I VW) 08/23/2012 3 Exhibit 10 19C -183 Part IV Ulnor ft Owners of Rental Property in eta WAS W>W, in0OW tbk W%batuot him aS$1Stgd rt rAA pmpethr omw%and tho wii dclar amount of "WE tenth in tht tpMW propOr110S aosis+wd dud m the raboMxt etarlod. - - �e. m. Tow _ b Aiaetarnp�elirea 0, Imiarar 4. Bieck Hiaparic L Wnke Ameftso *600 t+et@ic IVINJA r NOwHISpaek t9ae tf p�ic 1. Ntallbet 2 2 2. Dolm Amount 733.452 733,452 rarz V Ketrst U911 etxt trout wropar y ACQUIStuon Indicttle the number4A por"co diaplacted, the vast or robaaUan payrneteti, Weaumbar of provided should rsilact only distaiaecemetde a cur 'utre�twq p 1. �nceis Atxitfared 2, 8usptersaea A6aDl#otxd �- t�0rrpralYDrj}�lizetiotta t�pbced 4. HOUNNlda Teerlp rily Raftated, real DiWamd MouerohWo Di pWW a Total . Houaehdds Displooed ., Nor HoumWds Oispland - Coat 0 4 4 Q b 401W 00 1 a AkIna taken P*d k k bnder acquired. and the aosl d a aqulsition, Ttw data e- Wour4a i 1. page 2+012 f"m HUD-0197 (I 1152) 08/23/2012 4 Exhibit 10 19C -184 A N �m r a. 1 8 ai i 0 01 r 4 f i� f 1 L Ctr m t i N N HN N 19C -185 t 0 L � W Ln N r-1 O N M N W O INTENTIONALLY BLANK 08/23/2012 6 Exhibit 10 19C -186 EXHIBIT 11 ESG STATISTICS FOR PROJECTS REPORT IDIS REPORT# PR 19 Exhibit 11 19C -187 g B -4 2 2 r / / CL \ 2 w w R o = $ 0 3 ° CD t_ _ q \ \ cl I L6 E S S u § d d a 2 § � 7 c CD c R R E \ §$ 2 \\ \Ln o $ 2f0Z 2kE � 2 0 f % % _ C\ E 00 S S ( m ¥ 4-1 0 N N : m y \ © G §E�< = 0 E� Q) �00E \07 b § d °5 z 2 ; CL \ w \ 0 E § / t _ z z < \ / Z, \ ® < E Ira a / 0 \ E ® $ a % . \ \ v S / Ln 1 k k � # _\ � ) (U W 6 :FE § 2 k ' I a@ 2 $ 12 19C-1 8 8 N N N O O N N 0o Cl w L! P a m E E a v 0 C L Q � _O Q v '� (0 E F- -O Z U) C ,C 'a O1 C C1 � d a Q N _ a) O 4-- j C E �_ E a� 00 E tt w N nazi oO p E w L4 O c N t Q 0 f6 E E V) a o, a m N cn c C O .3 N N Q fu 0) cu V) p H �O a` c eo L E L d C O 1a O d N L .0 MIN Z d .o L a W U) O a� w Q% H Z w C � O E }i M 0 M o U) �+ � N ++ 0. E O U � p O c = N O W U 0 O c o 0 R eo CC CD c CD CD A LO Ln p N N N N O O O O L!1 LA V N N a O v W Ln n O Cl Q R � Z LLJ Z a w Z, L d d" a z U Ln C Ln in tn .n � a�tni E 49 O p a= � 19C -189 q G ® @ @ § - / 4.0 \ CL � � \ � w w o R F $ � 0 � o \ 7 Ch & 3 / � § L6 v S S a 2 d d § � . Cl / c w \ \ \ 7 2f§Z o¢'< to E� kkk7 %% _ _ - e ® 00 8 g c = = o \G� �o o 00 00 � = � ® G q o < f §» E »RR/ § [ / k07� ES%% °E7� § W °5 z 2 5 w ■ c & m k > z < Al- ± f wi & / 2 \ 0 \ \ « w t B m § « a ■ E \ Ln & \ � � S t2 m Ln t c < E ) < � A _/ § 7 % § / \ $ a @ 2 = 19C-1 9 0 N N IT H ul O O N N 00 O H w (D 8 P a o +� E E v m v O U Q � O_ Q a) f' to E L z fa C Ln m C ° 'y>� C U a) _ E O O C ` 4-' E (6 E 1-1 U a) p_ � ro C7 C) N w O c to a� Q 0 E E t2 a of a Ln a) a� s rn c c _o N Q W at in 1-1 d �O a` a� c eo L L. R c o O G. N N .fl 0 z �O L Of H z w v LL Lo Z) O V Lu w i w c ri r1 O Q -4 M V D o H a°i 41 a� E m E 0 U 41 O R � p o c = N M 0' c Cl 7 W v C) c o m To m I ®M-q C) CD L Ln LA p N N M M d E U O C) O L!1 N M L Ln w v w H z w U w Ln D d E O m } z U .-1 ui w C7 Q w rn Q Z ^1 a) v c a� . Q N a 0 o 19C -191 Ln g $ 6(S \ \ U 2 \ 2 a w a E Q ., 3 @ t S 3 k o s U. � a § \ ƒ � m § � 0 0 0CUk E C C o » \ o %2/ � � rN (v a) o z 2 a) g a 2 ( % Cl CD m = \ = o % ■ E o d S S c c = m \ E k ■ o u \ Q k 2 2 \ k7(/ . % E ;6 / 0 0 ( k0/ Cl _ R /�� $ �0c z z � � R . 0 < a 8 / a S � ■ § % m < $ z 2 \ u # u � E R k % 7 < « u 2 0 o E t % 2 § / _ < « z \ K / a 7 e a <kk/ #< \_ / �k§ 7k o § E a � t . a ± (A = 19C-1 9 2 N N 110 .-i Ln O O N N as O E � � a a+ E E c a3 CL a) —@ a. Ln U N CO Z > ;4, Q a m H 0 Z ra c Ln C C 'a N rn c m '> C C < o aEi o c � c E - E U p rc, C a) Can W 0 E W uj O c a� t Q 0 m E E a o: a U) p r`a a� rn c v c 0 m L a..i N a io a_ii Ln .H V d a a c a L L d C O a O d N d .O 0 z t Q �O L rl a N o GLU C O r N a� 0 0 U IA r C (A n O +O+ O R N C N ~ 'O a0 O V O O = o 0 a m m O O C O O O O N N O C0 '£ 0 0 O O O U N N d a E a z p 7 Ln Q w ++ E. Ln az 4 c 0 c > CL v m E a = � 19C -193 N N N .1 Ln O O N N 00 O w ui w C7 P- a c E C N N j O M Q � O Q N E L C < H c _C (U (p E c V fa Cl. < c a� _ aEi 0 c aci o o E E u � cn CL a p w vi O c H an t a 0 m E E U) d Oi LL H 0 H a� s rn c v c 0 m N a Q1 `R r c C) 2 TZ V .O a` N dg 4 S w O C7 a` w O 0 O rlj CL y .' i V o H CL a0+ N E E 0 v � o � � O cn C c N ~ CO O LL u o0 C p !0 t6 C0 0 0 0 c o�o f30 CD C) V O O O O O U a O d Z 5 LU CA F- Q w 00 Ln 0 Q Z � ((,O,W U U! fC� {al3 N o CL a N m E cu Q = 0 q O H 19C -194 g \ 00 66 S � a w @ � 2 \ r ± E t \ ¥E�« \$0Z / /%/ f = - z _ % \ \ cn fu < m a) 0 � E E 0 o c E /0 Ln y § 2 q EE UJ t1io� e k § / b E E 2 / \ / \ \ ± cn \ $ \ m $ j \ t \ \ a - � 7 � e ■ � � \ � E z � 7 a Q \ 0 _ k k 0 2 � E� & @ & � \ E m G o \ IA a § u � q q � & § � � ) ƒ c 2 IN g Cl Cl ® S S k % \ E ® u - \ � 0 k § 0 2 0 . \ 2 a b �2 / § G CL « z � § § / �/ _ 9 � E f � 19C-1 9 5 19C-1 9 6 g / @ @ c \ \ 0a Lli Lij w A R ± IA $ k § u S � ■ I & & § C) L6 C) CD a k CD d .e m o C 2 $ . C = 0 0 R o E \ k § \ Ln k 2 $ %k § :U, (U /\ /z f SR C% E kk _ _ - � §fc= ■ 00 2 3 2 S § u r n E§ - z R e E 2 \7&» 41E E u ° ( t 0 7 u U a m e R77@ E @ 0 5 ZO a & 0 ■ u & Ln § z \ » \ / � 7 I" / k k \ I" M \ « E M 0 t \ z \ 3 � , u / \ k o E / QL _f r uj m \ § u Ln t ' 3 E E _ \ a / 2 \ = g 19C-1 9 6 N N O ri Lfl -I O O N N O O Lli F- w Cw7 D � � c Ec= aEi N j O Q O N 4' E o fu C U¢j C p N 41 c f m C U = C L ° c E mn E E U � CL N 2 L(nD pEE a°1iw Uj O v 1 a 0 Z m E E V) t2 a O.' d Ln C) d N 4L 0) -o c _° m L 3 Ln Q (O N cn Q N d .O L a d C m L O G1 N E M V D o v H +O+ t n. E O U Q O c � N H •p 0 c O L6 U O O c o 0 m m 00 3 Z d '0 L d N, d J d CL w 0 E w Z U Q w 2' d E Q Z CLu c N z N t7 o O a = � 19C -197 c °o °o 3 N i N CO CO Q M M O O L m (31 co 00 0 M M C O t0 o 4. 3 Z d '0 L d N, d J d CL w 0 E w Z U Q w 2' d E Q Z CLu c N z N t7 o O a = � 19C -197 19C-1 9 8 -4 $ -4 q & 0 00 \ � � 2 \ z 2 2 CL E u S m 0 0 I■ i & ^ \ \ p § U. : w R CD a § e o a � M6 � t / 2 § ° § a. k� o �$ §k 2 2 < f \ 7 § S S =m,% L. E Cl CD � =e V c c = u ■ EE 0 0 �� 2 I § q 0 u 7 § E G \ E § < 2ƒ&% . E0\/ / 0 7 B /�/ $ R W05 2 = g a ? di § % \ z 2 t / » ® f < R 0 \ $ / a \ z \ 5 © \ � / f - \ E/ y - B e \ ® B, 7 \ \ k \ 2 \ Ln .a u 19C-1 9 8 � Ln -4 6 6 00 0 � w � � � a i.+ E C d CL O C 4] 0 Z N �p a Z ` Z O m < C `. � � .6 N C C1 ate+ > oa E ¢ _ w 0 c E E v cn N a (U p U N W N O fr a t ¢ 0 ro E E 7 Ln a o, a m a� a� m c c _O .t r6 3 N cii Ln 0 H F a Gy7 c 10 L c O r d aO E +� 0 0 U IA 7 C Vf a O � � N C1 CD C c O ~ '8 Cr 3 O V O O c o O !0 l0 m a ° L .fl E z w� W �O a` N m c ¢ c t; d C` w V Z H 0 z n U- C) 0 N a E m Z � Q w N a Z °.-+° v c Q 2 ¢ Ln a cu 'i 0 0 a= � 19C -199 ri 1-4 c + 4 1 4 L co co L E d W } E a ° L .fl E z w� W �O a` N m c ¢ c t; d C` w V Z H 0 z n U- C) 0 N a E m Z � Q w N a Z °.-+° v c Q 2 ¢ Ln a cu 'i 0 0 a= � 19C -199 � 3 ® C) r4 S di g Lii 0 \ 2E E t § CL # \ > 2 / § e E < k //z fR // o cn U) � E t E u 10 < M0 Ln ƒ/i LIJ G0 2 k � ƒ \ t \ ± \ \ � \ / k k \ \ / \ 0 - t 0 a � § � � CD (N � § Z \ � a Ln 0 E 0 / / 6 @ E z � 2 \ 0 Er- E <z o � 2 a u « k 2 z 2 § 2 ■ § 2 B 0 k t « 0000000000000 0000000000000 � / . � t < k § ) � k � � � \ u q$ 2 M\ r e § w m $ CDS�fCDo \ LL 2 § o § g S � � \C®2e 3EGE U. o■ ka & % go 8 CO / @ 2 k 0000000000000 0000000000000 � E . � t < § ) / $ a � � \ u q$ 2 \�9 $4 r e E k \ LL 2 § o § g S � � ) © � U. o■ -§ 0 0 2 3 cc& 2 §88 _ Lq k k ■ � k § = § a ? E - «« CL Q� o o 2& . E o ■ = u E m E- u o < z < / _ « o ■ _ �_ 0000000000000 0000000000000 E < ) / $ k \ u q$ 2 \�9 $4 • u' S Ztk R$ § g \ C: 4 # § t n § 2 .. t J�\ \k -\ J E E _ » 2 _ fMf // @\ k ® k q § 4 :E . 41 §2 §mm = e' E m E- R e < < z < / _ « o ■ _ 2 N IT N -- In O O N N 00 O W l•j j LLJ o � a C N a E E N _O LA N N O G � Q •� Q O E Q c '0 Z _0 (m �a o O) C t0 ' oi;�a 4- c o E E U a rho O 4 Q u C W N L4 O a N r' a d 0 .j c O_ i3 m �3 y N f6 �J a� ar 0 0 0 00 0o p O O Ct M ,-4 A � C U_ 7 m 0 A> O O c m C C C N N ++ u.UOi86Ou`2IO- O^ O 0 V- l0 M 0 p 00 n LQ t0 n W 1-1 m kD %.0 Ln O 1.0 LA N ,-I N 1-+ N L N N C LL E Y1 LL Li c N D L6 N O O LL LL d B M cu OOOc�n�a0LT G1 a F- an c 0 0 0 sn o 0 0 0 0 0 0 o p 0 0 0 0 0 0 0 0 0 O u_ u c � � to � R � 'U 'y C io a� 'CO U _A cn A Ln c cu C fp A = O U c = C � O Y. O Z 5 L 41 N "O �i O & Q U Q E i U L O_ N A0' W H Q u ^300 30 3 in :3 CL U (0 °—' O U c o `+g ��, Z E w Z) C�� a�i °' cn E o E v �° V) z z In z us � M Qj _ O o o _o (n N T G 3 0 y y �. -Y LL 3 U u O cn E Q O c c c c O c 1 c Q E Ol m° u c p1 i] dl a7 f c o o ,L, OO 0 0 N 0 w N as v-C tod N Qa¢¢ as =CO U)in uU)UO >d- I��OL0 Q 6 $ @ 3 6i 2 e R � o o r ± CU 41 E �E Q) s 0. 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Lu G Q m rC_O fC_O Q Ln .2 o ra L c c O o � +L p C7rninin2:m0 a z O p p L w c m c w c rya Ea " lA z z 2r E Q Q} a`i o o a .. _ C m m Q Q Z Q Q ib a Q W W m m V_M 0 Cl 0 0 0 0 d c LL v N H - c � to LL L L 0 N O O LL 2 � �- .0 c 4S 0 0 L,, d a F a+ c O y O O O O O O O O Q 3 O 41 _ rCp � y E u m N c C l0 'y U a Q C � = U r0 !i ' c N 7 c rp O p 4UQ c Z li c = 75 }SI Q +�+ w o� V) m a o¢o U'� o o a i .. inZ�Y� aw ai U) V 2 _ .. a) cu W � p i -0 o yc E m ¢ p m .2 o ra L c c O o � +L p C7rninin2:m0 a z 19C -228 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2012 TITLE: QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES APRIL 2012 — JUNE 2012 CITY MANAGER RECOMMENDED ACTION Receive and file. 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 COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its regular meeting of August 21, 2012, by a vote of 7:0, the Community Redevelopment and Housing Commission recommended that the City Council receive and file. DISCUSSION This status report for the quarter ending on June 30, 2012, provides statistics for the day -to -day affordable housing activities of the City and the Community Redevelopment Agency. The report is divided into three sections: Loan Activity, Loan Portfolio Management and Monitoring, and Development Projects. LOAN ACTIVITY Applications The Housing Division offers several different programs. The loans offered include homebuyer down payment assistance and rehabilitation loans for historic single family, single family, and mobile homes. Mobile home loans are offered as forgivable grants and are used to cover the Chart 1: Applications Mailed 19D -1 ■ Mobile Home Hardship (7) ■ Single Family Rehab (13) ■ Homebuyer Assistance (48) Quarterly Housing Projects & Activities September 4, 2012 Page 2 cost of essential repairs. Applications are mailed out and received for these programs on a continuing basis. Chart 1 shows the number of applications sent out by type during the quarter. Of the applications sent, three have been returned and are being processed. Loan Underwriting and Approval Process In this process, staff reviews applicant eligibility, verifies income and assets, and oversees underwriting to determine eligibility per program guidelines. In addition, staff conducts an inspection of the unit, prepares a work write up to determine rehabilitation work to be performed, and develops a budget for the work. Due to the complex funding requirements, applicants may be in underwriting for several months. The length of time in underwriting is largely determined by the applicant's timely submittal of the necessary paperwork. Once approved, staff prepares all necessary loan documents, makes arrangements for execution, and reserves the required loan funds. Five Homeowner Rehab loans, two homebuyer assistance loans and three mobile home hardship loans were approved during the third quarter of the fiscal year. Table 1 provides details on these loans. Table 1: Loans App roved Durina the Third Quarter Address Loan Amount Loan Type 4211 W. First Street # 143 $5,000 Mobile Home Hardship 2610 S. Towner $74,828.50 Homeowner Rehab 3313 W. Charlaine $75,000 Homeowner Rehab 3505 S. Birch $63,490 Homeowner Rehab 4117 McFadden $5,000 Mobile Home Hardship 432 S. Harbor # 143 $3,300 Mobile Home Hardship 701W. Park Place $29,656 Homeowner Rehab 1443 S. Garnsey Street $68,270 Homeowner Rehab 216 N. Bush $17,694 Homebu er Assistance 216 N. Bush $25,137 Homebu er Assistance Chart 2 shows the number of loans approved during the fiscal year to date. Chart 2: Loans Approved in FY Construction Process 25 20 During this phase, homeowners receiving rehabilitation loans are guided through an open 15 selection of contractors to complete the work on their homes. Each homeowner is given a list of 10 contractors that have been screened by staff for 5 insurance and bonding requirements. However, homeowners are allowed to select any 0 contractor that is licensed and meets these same requirements. Staff assists the W01 MA Homeowner Rehab (12) Homebuyer Assistance (20) Quarterly Housing Projects & Activities September 4, 2012 Page 3 homeowners in selection of a contractor, monitors the construction work, approves payments to contractors, and tracks expenditures to ensure they do not exceed available funds. Multifamily projects may involve additional issues such as compliance with prevailing wage requirements and /or Davis - Bacon. At the end of the fourth quarter, there were seven new construction projects with 206 units and five homeowner rehab projects under construction. LOAN PORTFOLIO MANAGEMENT AND MONITORING The Housing Division is responsible for ensuring the integrity of the residential loan portfolio. As of the end of the fourth quarter, the principal balance was $83,041,465. This is comprised of 486 loans of which 430 are deferred or residual receipt payment loans. As shown in Table 2, the loan portfolio generated $387,976 in payments of principal and interest during the quarter: Table 2- Portfolio RPVPnijP_ Residual Receipts Payments $343,908 Amortized Loan Payments $ 44,068 Total $387,976 As part of the requirements for these funds, staff must monitor the owner - occupancy for single family homes that have received loans and the code compliance of units in rental projects with long -term affordability covenants. During the fiscal year to date, 136 letters have been sent to homeowners to verify that they continue to occupy the home as their primary residence. Four homeowners have been found not to be in compliance with their loan terms since they no longer live in the homes. The City has begun the process to obtain repayment. During the fourth quarter, staff also conducted code compliance inspections for 36 units in two projects containing a total of 152 units. Regulations require that only a sample be selected for inspection. Staff also inspects the grounds and common areas such as laundry rooms to ensure they also meet City code requirements. Owners of buildings found not to be in compliance are given a deadline by which all repairs must be made and staff conducts re- inspections to ensure that repairs have actually been made. DEVELOPMENT PROJECTS NSP 1 Program The federal Neighborhood Stabilization Program (NSP) is intended to target and stabilize communities hardest hit with foreclosures. To date, the City has received all three NSP awards for which it was eligible. The first award (NSP 1) came through a noncompetitive process in the amount of $5,795,155. Under its terms, all grant funds must be obligated by September 5, 2010 and expended by March 26, 2013. In addition, NSP grantees must expend at least 25% of the funds on households that have very low- incomes. The City has exceeded all of these requirements. All of our NSP 1 grant funds were obligated by August of 2010 and by the end of the l Lei f1 Quarterly Housing Projects & Activities September 4, 2012 Page 4 third quarter, we had already expended more than $6.7 million or 116% of its grant amount. The amount spent is greater than the grant amount because it includes program income. Finally, the City has spent $2.34 million, or 33% of its NSP 1 funds, on projects that serve very low- income households exclusively. Currently, NSP 1 is only operating with program income and these funds will diminish overtime. NSP 1 includes the following four programs: Down Payment Assistance Program, Single - Family Acquisition - Rehabilitation Program, Historic /Condominium Acquisition - Rehabilitation Program, and a Multifamily Acquisition - Rehabilitation Program. ANR Industries, the intermediary selected to implement homeownership programs including the Single - Family and Historic /Condominium, is responsible for the acquisition, rehabilitation, and resale of the foreclosed units. These homes are sold to families with incomes up to 120% of the area median (AMI). As of the end of the fourth quarter, ANR utilized NSP 1 funds to acquire 37 single - family homes and condominium units for rehabilitation and resale to qualifying families. ANR has spent more than $3.3 million in NSP 1 funds and has leveraged an additional $4.5 million in private funds to make these affordable units available. Three of the families purchasing these homes also received a total of $104,243 in NSP1- funded down payment assistance loans from the City. Chart 3 shows the status of all single family properties purchased with NSP 1 funds as of the end of the fourth quarter. No NSP1 properties were sold during the fourth quarter. The partnership of Orange Housing Development Corporation (OHDC) and C &C Development was selected to implement the Multifamily Acquisition /Rehabilitation Program. To date, the partnership has used $1.4 million in NSP 1 funds to acquire a 14 -unit multi - family property at 1410 North Durant Street. The rehabilitation is complete and the property is now occupied. The partnership also used $655,000 in NSP 1 funds to acquire two vacant parcels at 605 -611 East Washington Avenue on which they will construct 36 affordable rental units. They were approved 19D -4 Chart 3: NSP - Status of All Single Family Properties 40 35 30 25 20 15 10 5 0 Acquisition Under Resale Sold Rehabilitation No NSP1 properties were sold during the fourth quarter. The partnership of Orange Housing Development Corporation (OHDC) and C &C Development was selected to implement the Multifamily Acquisition /Rehabilitation Program. To date, the partnership has used $1.4 million in NSP 1 funds to acquire a 14 -unit multi - family property at 1410 North Durant Street. The rehabilitation is complete and the property is now occupied. The partnership also used $655,000 in NSP 1 funds to acquire two vacant parcels at 605 -611 East Washington Avenue on which they will construct 36 affordable rental units. They were approved 19D -4 Quarterly Housing Projects & Activities September 4, 2012 Page 5 for tax credits, and have started construction. Both projects will be targeted to households at or below 50% of AMI. NSP 2 Program The City's second award (NSP 2) for $10 million was received through a highly competitive process in which only 15 local government agencies were successful. Most awards were made to nonprofit consortiums. Under the terms of this award, there is no obligation deadline to meet. However, there is an expenditure deadline. Fifty percent of the funds must be expended by February 11, 2012 and the remainder by February 11, 2013. As of the end of the fourth quarter, the City had expended $8.8 million or 88% of its funds. The most current federal reports show that only 5 percent of NSP2 grantees have spent 75 Projected Completion Date percent or more of their 8/4/2012 funds. NSP 2 implements 8/26/2012 three programs: Down 9/3/2012 Payment Assistance 35 Program, Single - Family 30 Acquisition - Rehabilitation 25 Program, and a Multifamily Acquisition - Rehabilitation 20 Program. ANR has spent is more than $4.8 million in io NSP 2 funds and has 5 leveraged an additional $4.8 ° million in private funds to Acquisition make these affordable units available. Two of the families purchasing an NSP2 home received a down payment assistance loan from the City, and a third down payment assistance loan was made to a family purchasing a home that ANR did not acquire. A total of $88,277 in NSP2 funds have been used for down payment assistance loans. Chart 4: NSP 2 - Status of All Single Family Properties Under Rehab Resale Sold Chart 4 shows the status of all properties purchased by ANR with NSP 2 funds as of the end of the fourth quarter. Tables 3, 4, and 5 provide additional detail. Table 3: NSP2 Properties Under Rehabilitation Address Projected Completion Date 1901 S. Wood Street 8/4/2012 1230 W. Camden Place 8/26/2012 2537 W. Camden Place 9/3/2012 328 E. Harwood Place 11/5/2012 19D -5 Quarterly Housing Projects & Activities September 4, 2012 Page 6 Table 4: NSP2 Single Family Properties Available for Sale Address Affordability Level 1317 W. Ra mar Street Moderate 2032 Artesia Street Moderate Table 5: NSP 2 Single Family Properties Sold Durinq the Third Quarter Pro a Address Silent 2nd Income Level 1119 W. 5th Street $10,000 Moderate 410 E. Wakeham Ave. $10,000 Moderate 323 E. Chestnut Ave. $10,000 Moderate 216 N. Bush Street $10,000 Moderate The partnership of Orange Housing Development Corporation (OHDC) and C &C Development was also selected to implement the NSP2 Multifamily Acquisition /Rehabilitation Program. To date, the partnership has used $4.29 million in NSP 2 funds to acquire a 26 -unit multi - family property at 326 S. Garnsey Street. Once completed, 25 of the units will be rented to very low- income families at affordable rents. The remaining unit will be reserved for the onsite manager. All 26 units offer two bedrooms. NSP 3 Program The U.S. Department of Housing and Urban Development (HUD) has allocated the amount of $1,464,113 in NSP 3 funds to the City of Santa Ana. To receive these funds, the City adopted a substantial amendment to its Annual Action Plan and submitted it to HUD on February 28, 2011. The amendment was approved and the City signed a grant agreement with HUD on March 10, 2011. The City will implement the following programs with these funds: Acquisition /Rehab /Resale -50 Percent of Area Median Income Acquisition /Rehab /Resale -120 Percent of Area Median Income Administration In order to facilitate implementation of the first two programs, the City released a Request for Proposals (RFP) for intermediaries on February 28, 2011. The RFP solicited the services of an individual or firm qualified to acquire, rehabilitate, and resell foreclosed and abandoned single i Lei Quarterly Housing Projects & Activities September 4, 2012 Page 7 family homes in accordance with NSP3 regulations. ANR Homes, Inc. was selected to receive the contract and received City Council approval on June 20, 2011. As required by regulations, comprehensive detailed quarterly reports on all the City's NSP Programs are posted on the City's website at http:/ /www.santa - ana.org /cda /NSP.asp. In -fill Development Projects Habitat for Humanity of Orange County is in escrow to sell their first of 17 homes which is located at 717 E. Third Street. Escrows for 1029 McLean Drive and 4809 W. Edinger are expected to close in August 2012. Other ecrows are expected to close in the near future. OHDC and C &C Development are currently constructing a total of 15 units on the sites located at 217 & 219 S. Birch Street, 435 & 437 S. Birch Street, 2034 & 2038 N. Bush Street, and 36 units on the site located at 605 -611 E. Washington Avenue. 217 & 219 S. Birch Street, 435 & 437 S. Birch Street, 2034 & 2038 N. Bush Street are expected to be completed in August 2012. The projected completion date for 605 -611 E. Washington Avenue is January 2013. Station District The Station District Apartment Homes Phase I will include 74 units of large family affordable rental housing which are currently under construction and expected to be completed in March 2013. Phase II is under construction and is anticipated to be completed by March 2013 as well. It will include an additional 40 units of large family affordable rental housing involving a combination of new construction (25 units) and rehabilitation of existing residential structures (15 units). In addition, a third phase of for sale housing to be developed by City Ventures will include approximately 24 units of large family homes, with the first component of eight townhomes expected to commence by the end of the year. FISCAL IMPACT There is no fiscal impact associated with this action. Nancy T. Ed rds Interim Exec6five Director Community Development Agency NTE /SLB /kg 19D -7 i Lei lilloe,� MEMORANDUM To: Mayor and City Council Date: July 25, 2012 From: City Manager Subject: COUNCIL AGENDA ITEM 19D — DOWNTOWN CMD ANNUAL REPORT Based on the current issues regarding City Council conflicts of interest, staff is recommending continuance of this item until such a time as there is a quorum of the City Council members eligible to take action on this item. Respectfully, Paul M. Walters 19E -1 19E -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2012 TITLE: DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT ANNUAL REPORT 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 Qq(v.(4 ,QO %Z FILE NUMBER Approve the 2011 -12 Downtown Santa Ana Community Management District annual report submitted by Downtown Inc.; 2. Authorize staff to submit the FY 2012 -2013 Downtown Santa Ana Community Management District Special Assessment date to the Orange County Auditor - Controller by August 10, 2012. 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 be levied in FY 2009 -10 and that the operating term of the CMD be January 1, 2010 to December 31, 2014. The City entered into a management agreement with Downtown Inc. on June 9, 2009 to operate the Community Management District and to oversee the expenditure of the assessments collected during the five -year term of the CMD. The ordinance establishing the Community Management District and the management agreement with Downtown Inc. requires the submission of an annual report to the City Council containing the following information: 1) Any changes including, but not limited to, the boundaries of the CMD or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property if a classification is used (Exhibit 1); 2) The improvements and activities to be provided for that upcoming fiscal year, to be presented at the meeting by Executive Director Vicky Baxter; 3) An annual budget for improvements and activity costs for the upcoming fiscal year (Exhibit 2); 19E -3 CMD Annual Report July 16, 2012 Page 2 4) The method and basis of levying the assessment in sufficient detail to allow each real property owner to estimate the amount of the assessment to be levied against his or her property for that fiscal year (Exhibit 3); 5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year (Exhibit 2), 6) The amount of any contributions to be made from sources other than assessments levied pursuant to this part (Exhibit 2). On August 24, 2011, the City Council modified the district boundaries to exclude territory from the CMD. The Council also approved the Management District Plan and Engineer's Report to reflect these boundary modifications. Downtown Inc. has recently submitted the 2011 -12 annual report for the Downtown Santa Ana Community Management District and revised corporate bylaws (Exhibit 4). Based on the current issues regarding City Council conflicts of interest, staff is recommending that this action be continued until such time as there is a quorum of the City Council members eligible to take action on the item. Only upon City Council action to authorize the Downtown Inc. annual report/budget can the Downtown Community Management District special assessment data be submitted to the Orange County Auditor - Controller by the August 10, 2012 deadline. FISCAL IMPACT There is no fiscal impact associated with this action. �h " a� Nancy T. E rds Interim Execbfive Director Community Development Agency NTE /kg Exhibit: 1. Boundary Map 2. Budget 3. Assessment Formula 4. Corporate Bylaws 19E -4 Downtown Inc. Community Management District Modified Boundaries EXHIBIT 1 19E -5 19E -6 19E -7 N H CO 2 LU W O O O O O O 000 O 00 000 00 0000 O O O O 00 o 0 0 E CD Cl OOU)O r N0 O CL CD CD OOO Lf) O U) O N r (.0 r r LO 00 00 c O O Co O � W co M M N N 16 r m (0 M r (6 O N a) r cn C O p CA U r O r O c iiz m N 7 O Q '� f6 O c d o O` d O N y c U C O X Q C O- N- p N m U) m 0 O O O O U '� U L O X U .� a) O O C_ 5 La F- > a) N a) � U O C •c C (6 "a C (6 c cb c CL O a) ca o a) co a) c C O O (O U) (0 O a) u j a) O N�� T C >, O °� O U m 'm E C E c m m O(O U) rOMN —° Qma Q m2O2 Q c- LL m a N a) c4 W O M LO N c W rn E (n U � a) N c Y � W W H c a CO d a CL OO (D 0O U) LO(OOO 00 (6 0M MN 0 N U)N 0000 O N r (0 r E Q 00 (M0 U) (00 000 O fD r O CO N r N 0 O Cl) U) N (O r r N N 0o Ocrno 000 0 m 000 000 T (0 C LO Mf- 000 O r r (0 M r Y (6 O O Of) ti M O _ OMLU) m (0OM�N L Q a M L = a Q O m U C M CD � 000 I,- 00 00 O 0000 O 000 O O O o0 O 000 O C Uj000 U) O 0000 O 000 Cl O Cl 00 Cl 000 O N 0(000 0 00 O 00 U) Cl U) rNO M 0 0 00 0 000 Cl O N co M U) Cl U) CO r U) O N r 00 O r r 00 U) LO 00 0o (0 O O O O r O co N Cl) N U) N N r r r (0 M r O r N r r r r r C-4 O 0 19E -7 N H CO 2 LU W C a) E CL c a) c O � W 0) 16 m c c C U O N a) CO cn C O p CA U O (B O c iiz m N 7 O Q '� f6 N Q c d o O` d O N y c U C O X Q C O- N- p N m U) m 0 O O O O U '� U L O X U .� a) O O C_ 5 La F- > a) N a) � U O C •c C (6 "a C (6 c cb c CL O a) ca o a) co a) c C a) u j a) O N�� T C >, O °� O U m 'm E C E c m m a) Q_ uj U) � I~i a —° Qma Q m2O2 Q c- LL m a N a) c4 W U c W rn E (n U � a) U c Y � W H c a CO d a 19E -7 N H CO 2 LU W yam. r cu (L) O m 0- L- =3 O m U M C _ r• = O N O N_ C � ON 0 O O O O O 00000000 O O O O O O O O O O O N O 0 0 0 0 0 0 0 0 0 Co Cl Co 0 0 Co 0 0 O O Cl O O O Co Co O O O ti O o 0 0 0 O O LO O LO O N (D 00 O O O O Cl O O Ln 00 U) LO V) LD O Lo O O O O O L D N r N r 00 It IT N r M r r N Cl) N r N r N O r Cl) N N N r r O 0 0 0 0 0 0 O O O O O LD 00 LO LO LO LO O IT N co O o LD LO O O 00 It IT N r CO r N O 00 o r N 00 IT N r r �T r N — M N N (N M r r M O 0 0 0 0 0 0 Cl O O Cl Cl O o LC) O It N (D (D O U•) O LO U') O O O N O 00 o r N N N 00 V N r r Ln M r a) cn cn a) O 0 0 0 0 0 0 0 Cl Cl O O O O Lf) O It N (D 0 Cl U') O LL7 LO O O O m a N (D M o r In N N 00 t7 N r r U) a) Q Y '� = c U m U � 2` c n Cl) r 7 L ZS E O O O O Cl 0 0 0 0 0 0 0 0 0 0 O O Co O O O O N o 0 0 Cl C) O OLn OIt N(DOOOO (DIt O OI'OO OOOti00000 O LO N (D M o r LO N LO Ln LO r LO O N r r LO Lo M Lo O O 0 O 0O LO r M r r r r r CO N N N w C m 0o 0 0 0 0 0 0 0 0 0 0 0 0 C) 0 0 O O O O O O O O O O O o 0 O qT N W d' O O O qT r 0 LO (D O O 0 0 0 0 0 O LO Ln LD O M O r I- N O LM O LO LO I,- LO r r LO LO N M LO N r M r N O O O O O O 0 0 0 0 0 0 0 0 O O O o O O O O O O o O O O N O O O O O OOOOLD LO OOOOOOOO 0 000 0 00000 0 0001,- 000LD0 O O Ln O N ti Cl N (D 00 0 0 Cl 0 (D O O Cl O LD 00 LO LO LO 00 LD O U.) G O O N m L() N r N r r 00 It IT N r CO r CY N M N r- N �T r N — M N N (N c W O n r r M r r Q c '= r r G l 961 0 C_ V1 o 0 m QV) a) 0 L C C V) :- O a) L m o °- 7 �U) 0 a) O N U U) Eaoc 0 O Ln a) uu)) E c (n c U a) LL _ m Q m a) -r-= O om C C .U+ c W O n •O Q c '= C m N a) U "O E +N' C V) a) a) = E E cn m C a - m a) a) N E � .` a a) cn cn a) LU CL cr rr o � V) >, U) W C a o a) c' O U m W W iL ° 1 O 'V LT — m a a O N a) n= (.) U a) m in a) Q Y '� = c U m U � 2` c n a) 0 3 p ui 0 0 7 L ZS E O a) a) m 0= V- U m m OOOW(n V0 U) d- sU(n 0<0- m m c O w C m U C ` m U- d O (q G l 961 a) U u) C cu E m O 0) O O 00 Q a U = m > m (E C m L a) o 0 Q a) O k r 0 1 _ L LL,U N.(? p.� V) Q L L O L) 4) O 0 o = o C a) W (D Q Q a) od u, N Nr Lb c a) -0 i m> c 3 cu U0(nCL2QUZ(D N H m 2 X W 0 C_ V1 o 0 a) � QV) a) 0 L C C V) :- O a) O� a) ` m o °- 7 �U) 0) t! 5-Wa) O N U U) Eaoc L L co O C CU Ln E w m ii W Q 2 a0 Q (n U) U (D O O a) U u) C cu E m O 0) O O 00 Q a U = m > m (E C m L a) o 0 Q a) O k r 0 1 _ L LL,U N.(? p.� V) Q L L O L) 4) O 0 o = o C a) W (D Q Q a) od u, N Nr Lb c a) -0 i m> c 3 cu U0(nCL2QUZ(D N H m 2 X W 00 ti O 00 ui O O — O LO rn IT `0 to Ch Q ti a` N 1-- N O O > O O to tt `- N It c tD N O O Ir- 00 u r tl Imo— M � Co N O O to ti T- O O 00 O � tt) CY) r O (` O O � Q � O CO U C Ch T- O N C O o ti O N LO LO .. 00 N N O N ti 00 ti Cl) ti tD N O to 1` tD ti ti O O to IT ti ti tD M O to O O N E `0 ch � Ch Q > m a` �i C N y > t3) `- � W c N .m+ u f C/) Z) tl Imo— d 19E -9 N _H to 2 X W Downtown Incorporated 2012 -2013 Draft Budget Estimated Revenue Property Tax Assessment 727,805.72 Membership Dues 3,600.00 Event Revenue 5,000.00 Sponsorships 10,000.00 Marketing Discretionary 746,405.72 Total Staff Salaries 30,000.00 FT Salaries 185,000.00 Part Time Salaries 36,000.00 Maintenance Uniforms 221,000.00 Indirect Employer Cost Benefits 35,000.00 Payroll Taxes 20,000.00 Workers Compensation 2,500.00 Allowances 1,000.00 Marketing Discretionary 58, 500.00 Maintenance 30,000.00 Maintenance Program 126,100.00 Office Maintenance 1,200.00 Maintenance Uniforms 1,000.00 128, 300.00 Security Ambassador Program 115,000.00 115, 000.00 Physical Enhancement Furniture, Fixture, and Equipment 8,000.00 Banners /Decor /Lighting 8,000.00 Other Fixtures and Equipment 16,000.00 Marketing 2,000.00 Marketing Discretionary 60,000.00 Public Relations 30,000.00 Website Maintenance 10,000.00 Office Lease 100, 000.00 Furniture, Fixture and Equipment Office Equipment Lease 5,000.00 Office Equipment Purchase 2,000.00 Other Fixtures and Equipment 1,500.00 Equipment/Facility Rental 2,000.00 Small tools and Equipment 1,250.00 11,750.00 Operational Cost Office Lease 18,000.00 1 19E -10 Downtown Incorporated 2012 -2013 Draft Budget Telephones 4,200.00 Electricity 4,600.00 Security System 800.00 Parking Perm itsNalidation 2,000.00 Interne /Email 1,000.00 Copying, Printing, Binding 3,000.00 Subscription, Publications, Books 1,000.00 34,600.00 Services and Fees Accounting Services 12,000.00 Payroll Processing 3,000.00 Taxes, License, Permits, Fees, Other 2,000.00 17, 000.00 Office Supplies General Supplies Film /Printing /Copying /Developing 2,500.00 Refreshments (meetings) 800.00 Awards /Plaques/Trophies /Gifts 500.00 Small tools /Equipment 500.00 Maintenance Supplies 500.00 4,800.00 Other Conference/Workshop/Training 1,500.00 Dues /Membership /Fees 2,000.00 Subscriptions, Publications, Books 500.00 Postage 1,105.72 Meals & Entertainment/Travel Allowance 1,000.00 Advertisement/Publicity 3,000.00 Contribution /Support to other programs 2,000.00 Newsletter Production - Outside 2,250.00 Graphic /Artistic Design Services 2,500.00 Special Event Assistance 5,000.00 Unrestricted Funds 19,100.00 39, 955.72 Projected Revenue 746,405.72 Total Expenses 746,405.72 2 19E -11 19E -12 Street Frontage Rate Land Ara Rah BulkIng Ara Rate Fig Parcel Rah $6.00 per linear foot 100 Per square faot 15¢ Per square foot $425 Per Psi 47 EXHIBIT 3 19E -13 19E -14 BYLAWS OF DOWNTOWN INCORPORATED Revised 2011 ARTICLE I. NAME AND PURPOSE SECTION 1. NAME The name of this Corporation shall be Downtown Incorporated. SECTION 2. GENERAL PURPOSE This Corporation is a nonprofit mutual benefit Corporation organized under the California Nonprofit Mutual Benefit Corporation Law. In general, the purpose of this Corporation is to engage in any lawful act or activity for which a Corporation may be organized under such law. SECTION 3. SPECIFIC PURPOSE The specific purpose of this Corporation is to enhance and promote the unique and varied economic interests of Downtown as the historic, cultural, and commercial heart of the community of Santa Ana. SECTION 4. LIMITATIONS (a) This Corporation is not organized, nor shall it be operated, for pecuniary gain or profit, and it does not contemplate the distribution of gains, profits, or dividends to the members thereof or to any private shareholder or individual as defined in appropriate sections of the Internal Revenue Code. (b) Notwithstanding any of the above statements of purpose, this Corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the specific purposes of this Corporation. (c) The property, assets, profits, and net income of this Corporation are dedicated irrevocably to mutual benefit purposes, and no part of the profits or net income of the organization shall ever inure to the benefit of any member, director, trustee, officer of the Corporation or to the benefit of any private individual. (d) This Corporation shall not participate in or intervene in (Including the publishing and distribution of statements) any political campaign on behalf of any candidate for public office. SECTION 5. DISTRICT BOUNDARIES The Santa Ana Community Management District (CMD) encompasses properties shown on the Downtown map which is attached as Attachment A and made a part of these Bylaws. SECTION 6. USE OF THE TERMS "ASSOCIATION" AND "CORPORATION" The word "Corporation" as used in these Bylaws shall mean Downtown Incorporated. EXHIBIT 4 19E -15 ARTICLE ll. PRINCIPAL OFFICES SECTION 1. PRINCIPAL OFFICE The principal office of Downtown Incorporated for the transaction of its business shall be located within the District identified in Article I, Section 5 of these Bylaws, in the city of Santa Ana, county of Orange, state of California, at such location as the Board of Directors may determine from time to time. SECTION 2. CHANGE OF ADDRESS The Board of Directors may change the principal office from one location to another within the named city by action properly noticed and duly taken at a regular meeting of the Board of Directors. Notice of said change of address shall be given to all members within thirty (30) days following the Board's action. SECTION 3. OTHER OFFICES The Corporation may also have offices at such other places, within or without the state of California, where it is qualified to do business, as its business may require and as the Board of Directors may, from time to time, designate. ARTICLE III. MEMBERSHIP SECTION 1. GROUPS, RIGHTS AND QUALIFICATIONS Downtown Incorporated shall have (3) classifications of members as follows: (a) Regular Members. Regular membership shall be open to the following: Group 1 — (Non - Residential Property Owner Any) Any person, partnership, firm, Corporation, or entity who owns non - residential real property within the Downtown Santa Ana Community Management District as described in Article I Section 5 of these Bylaws. Group 2 — (Residential Property Owner) Any person, partnership, firm, Corporation, or entity who owns residential real property within the Downtown Santa Ana Community Management District as described in Article I Section 5 of these Bylaws. Group 3 — (Mixed use Property Owner) Any person, partnership, firm, Corporation, or entity who owns real property generally considered suitable for "live- work" uses within the Downtown Santa Ana Community Management District as described in Article I Section 5 of these Bylaws. 2 19E -16 Rights of Regular members are as follows: 1. May serve on The Board of Directors; 2. Committee Participation, including chair; 3. Attendance at all corporation functions; 4. Voting on all issues brought before the corporation membership (b) Associate Members. Open to all others not eligible for Regular Membership. Rights of Associate Members are as follows: 1. Committee participation, excluding chair; and 2. Attendance at all corporation functions (c) Advisory Membership. Open to organizations selected by the Board of Directors which are not eligible for Regular Membership, including the Santa Ana Police Department, City of Santa Ana Economic Development, etc. Rights of Advisory members are as follows: 1. May serve on the Board of Directors; 2. Committee participation, including chairing a committee; 3. Attendance at all Corporate functions; 4. Shall not have the right to vote. SECTION 2. ELIGIBILITY (a) Regular Members. All Regular Members within the District described in Article I Section 5 of these Bylaws is automatically eligible to have one (1) representative as a Regular Member of Downtown Incorporated. (b) Associate Members. Any person or entity who submits an application to the Board of Directors, or who is invited by the Board, to become an Associate Member, is eligible to be an Associate Member of Downtown Incorporated. (c) Limits on Membership. No member shall hold more than one membership in Downtown Incorporated. SECTION 3. QUALIFICATIONS AND ADMISSION (a) Regular Members. Any person designated for Regular Membership in Downtown Incorporated who agrees to be bound by the Articles of Incorporation of Downtown Incorporated, by these Bylaws, and by the rules and regulations adopted by the Board of Directors, may apply to become a Regular Member of Downtown Incorporated by executing and filing with the Secretary of Downtown Incorporated an application for membership and making payment of dues as prescribed from time to time by the Board of Directors. Upon approval by the Board of Directors, the applicant shall become a Regular Member of Downtown Incorporated. (b) Associate Members. Any other person may apply for Associate Membership in Downtown Incorporated by executing and filing with the Secretary of Downtown Incorporated an application for membership and making payment of dues as prescribed from time to time by the Board of Directors. Upon approval by the Board of Directors, the applicant shall become an Associate Member of Downtown Incorporated. 3 19E -17 SECTION 4. DUES The Board of Directors shall, in its discretion, set an initial membership fee and /or annual dues for each new Regular and Associate Member payable upon admission to membership in the corporation and each year thereafter. Dues shall be assessed against Members in such manner and in such amounts as may from time to time be prescribed by the Board of Directors. Regular Members paying special assessments under any type of special or benefit assessment district, the proceeds of which are used for the benefit of Downtown Incorporated, shall have their annual dues waived. SECTION 5. NUMBER OF MEMBERS There is no limit on the number of members Downtown Incorporated may admit to any member class or to Downtown Incorporated overall. SECTION 6. RECORD DATE OF MEMBERSHIP AND NOTICE OF DESIGNATION For purposes of determining the members entitled to receive notice of and to vote at any meeting, the Board of Directors may fix, in advance, a record date which shall not be more than sixty (60) days nor fewer than ten (10) days before the date of any such meeting and, in this event, only members of record at the close of business on the date so fixed are entitled to receive notice and to vote, except as otherwise provided in California Nonprofit Corporation Law. Each property owner eligible to have a representative as a Regular Member of Downtown Incorporated shall submit its written designation to the Secretary at least fifteen (15) days prior to the annual members meeting. SECTION 7. TERM Each Regular Member is entitled to represent his or her property until such time as the property owner submits a letter to the Secretary designating another individual to be that property's representative. SECTION 8. TRANSFERABILITY OF MEMBERSHIP Neither the membership in Downtown Incorporated nor any rights in the membership may be transferred or assigned for value or otherwise. SECTION 9. NONLIABILITY OF MEMBERS No member, or the property he or she represents, shall be personally liable for the debts, liabilities, or obligations of Downtown Incorporated. SECTION 10. SUSPENSION/TERMINATION OF MEMBERSHIP —CAUSES Membership of any member shall be suspended or terminated upon occurrence of any of the following events: (a) The resignation of the member. 19E -18 4 (b) The failure of the property represented by the Regular Member to pay the annual dues or any charges, fees, taxes, or assessments imposed. Such membership and respective membership rights shall be held in suspension until such time as the entire fee, including any penalties and interest, are paid. (c) The determination by the Board of Directors, or a committee designated to make such determination, that the member has failed in any material and serious degree to observe the Articles of Incorporation, these Bylaws, or the rules and regulations adopted by the Board of Directors. Any member whose membership is terminated either pursuant to this Article or by virtue of no longer qualifying for membership (Regular Members only), shall automatically have his or her respective rights terminated. SECTION 11. SUSPENSION/TERMINATION OF MEMBERSHIP —PROCEDURE Any member subject to suspension or termination, with the exception of automatic termination for the nonpayment of dues, shall have the right to be heard by the Board of Directors at a meeting called for that purpose. Following a determination that a member should be expelled pursuant to Article III Section 10c of these Bylaws, the following procedures shall be implemented: (a) Notice shall be sent by United States First Class or Registered Mail to the most recent address of the member as shown on Downtown Incorporated's records, setting for the proposed suspension /termination and the reasons therefore. Such notice shall be sent at least fifteen (15) days before the proposed effective date of the suspension /termination. (b) The member being expelled shall be given an opportunity to be heard, either orally or in writing, at a hearing to be held no fewer than five (5) days before the effective date of the proposed suspension /termination. The hearing shall be held by a special committee composed of not fewer than three (3) Directors appointed by the President (or a designee appointed by the Board if the President is the culprit). The notice to the member of his or her proposed suspension /termination shall state the date, time, and place of the hearing on the proposed suspension /termination. (c) Following the hearing, the committee shall decide whether the member should, in fact, be terminated, suspended, or sanctioned in some other way. The decision of the committee shall be final. (d) The termination, suspension, or sanctioning of a Regular Member shall not reduce the represented property owner's power under Article III Section 2(a) to designate another individual for Regular Membership unless such termination, suspension, or sanctioning is due to the failure of the property owner to pay any charges, fees, taxes, or assessments imposed, in which case, such business shall not be eligible to designate a Regular Member pursuant to Article III Section 2(a) of these Bylaws. 19E -19 SECTION 12. RIGHTS (a) Voting. (i) The voting rights of each Regular Member are: Group 1 shall be entitled to ten (10) votes when voting on any corporation matter. Group 2 shall be entitled to one (1) vote when voting on any corporation matter. Group 3 shall be entitled to two (2) votes when voting on any corporation matter. (ii) The voting rights of each Associate Members are: Associate Members shall be entitled to participate in the discussions of the membership, but shall not be entitled to vote. (b) Property Rights. No member, or the property he or she represents, shall have any right or interest in any property or assets of Downtown Incorporated. (c) Right to Inspect. Each and every Regular Member shall have the following inspection rights, for a purpose reasonably related to such person's interest as a member to: (i) Inspect and copy the record of all members' names, addresses, and voting rights, at reasonable times, upon five (5) business days' prior written demand on Downtown Incorporated, which demand shall state the purpose for which the inspection rights are requested. (ii) Obtain from the Secretary of Downtown Incorporated, upon written demand and payment of a reasonable charge, a list of the names, addresses, and voting rights of those members entitled to vote for the election of Directors as of the most recent record date for which the list has been compiled, or as of the date specified by the member subsequent to the date of demand. The demand shall state the purpose for which the list is requested. The membership list shall be made available within ten (10) business days after the demand is received. (iii) Inspect at any reasonable time the books, records, or minutes of proceedings of the members or of the Board or committees of the Board, upon written demand on Downtown Incorporated by the member, for a purpose reasonably related to such person's interests as a member. (iv) Downtown Incorporated Membership materials may only be used in connection with business of downtown Incorporated as set forth in Article I. Section 3. Specific Purpose of these bylaws. The unauthorized use of downtown Incorporated Membership materials is cause for suspension or termination of membership. 0 19E -20 (d) Board of Directors. Each Regular Member in Group 1 shall be eligible to seek election to serve on the Board of Directors. Each Regular Member from Group 2 and Group 3 shall be eligible to be appointed to serve on the board of Directors as provided for under Article V. Section1 of these bylaws. (e) Committees. Each Regular Member and Associate Member shall have the right to serve on committees. Regular Members may serve as chair of a committee; Associate Members may not serve as chair. SECTION 13. MEMBERSHIP BOOK Downtown Incorporated shall keep, to the best of its ability, in written form, or in any form capable of being converted into written form, a membership book containing the name, address, and class of each member. The book shall also contain the facts of termination and the date on which such membership ceased. Such book shall be kept at the principal office of Downtown Incorporated and shall be subject to the rights of inspection required by law and as set forth in Article III Section 12(c) and Article X Section 5 of these Bylaws. other means of written communication. An affidavit of mailing or other means of giving any notice of any members' meeting which is executed by the Secretary, an Assistant Secretary or any transfer agent of the Corporation shall be prima facie The record of names and addresses of the members of Downtown Incorporated shall constitute the membership list of Downtown Incorporated and shall not be used, in whole or in part, by any person for any purpose not reasonably related to a member's interest as a member. ARTICLE IV. MEETINGS OF MEMBERS SECTION 1. PLACE All meetings of the Regular Members shall be held at such place as may be designated by the Board of Directors. In the absence of such designation, the meeting shall be held at the principal office of Downtown Incorporated. SECTION 2. ANNUAL MEETINGS An annual meeting of the Regular Members of Downtown Incorporated shall be held during the month of April of each year for the purpose of transacting such business as may properly be brought before the membership. SECTION 3. REGULAR MEETINGS OF MEMBERS Regular meetings of the membership shall be held as designated by the Board of Directors. Such time and location of regular meetings shall be scheduled, to the greatest extent possible, for the benefit and convenience of Downtown Incorporated's membership so as to encourage attendance and active participation. Notice of the time and place of regular meetings of members shall be provided at least ten (10) days in advance of each meeting. 7 19E -21 SECTION 4. SPECIAL MEETINGS Special meetings of the Regular Members for the purpose of taking any action permitted under the California Nonprofit Corporation law and the Articles of Incorporation of Downtown Incorporated may be called at any time by the Board of Directors or the President or the Treasurer or upon written request of not less than five percent (5 %) of the Regular Members of Downtown Incorporated. The special meeting shall be scheduled by the President to be held no fewer than twenty (20) nor more than forty -five (45) days after such meeting request is received by the Secretary. Notice of any special meeting requested by the Regular Members, as provided for above, shall be given by personal delivery or United States First Class mail to each of the Regular Members, within ten (10) days after the receipt of the request. SECTION 5. CONDUCT OF MEETINGS (a) Meetings of Regular Members shall be presided over by the President or, in the President's absence, by the vice President or, in the absence of both, by a chair chosen by a majority of the members present in person. (b) The Secretary shall act as Secretary at all meetings of Regular Members provided that, in the Secretary's absence, the presiding officer shall appoint another person to act as the Secretary of the meeting. (c) Meetings shall be governed by Robert's Rules of Order, as such rules may be revised from time to time, insofar as such rules are not inconsistent or in conflict with these Bylaws, with the Articles of Incorporation, or with law. SECTION 6. NOTICE OF MEMBERSHIP MEETINGS (a) Notice to be Given. Except as provided in Article IV Section 4 of these Bylaws, whenever the members are required or permitted to take any action at a meeting, notice of the meeting of the Regular Members shall be given by the Secretary at least ten (10) days but not more than ninety (90) days prior to the date of the meeting. Notices may be personally delivered to a Regular Member or mailed by United States First Class Mail to the address of the property which the Regular Member represents. The notice shall specify the date, place, and hour of the meeting and, in the case of a special meeting, shall specify the general nature of each matter to be considered. The notice of any meeting at which Directors are to be elected shall include the names of all those who are nominees at the time the notice is given. (b) Manner of Giving Notice. Notice of any meeting of the members shall be given in writing either personally or by United States First Class Mail or telegraphic facsimile or electronic mail or other written communication, charges prepaid, addressed to each member at his or her address appearing on the books of Downtown Incorporated or given by such member to Downtown Incorporated for the purpose of notice. Any notice shall be deemed to have been given at the time when delivered personally or sent by electronic mail or deposited in the mail or sent by facsimile or evidence of the giving of such notice. 8 19E -22 SECTION 7. QUORUM A quorum for the transaction of business shall consist of five percent (5 %) of the Regular Members. Each Regular Member counted for purposes of satisfying the quorum requirement must be present in person. SECTION 8. LOSS OF QUORUM The members present at a duly called or held meeting at which a quorum is present may continue to do business only until the withdrawal of enough members to leave less than a quorum. Any action taken after such withdrawal shall not be valid unless ratified pursuant to Article IV Section 11 of these Bylaws. SECTION 9. ADJOURNMENT FOR LACK OF QUORUM; NOTICE In the absence of a quorum, any meeting of members may be adjourned by a vote of a majority of the members present. No other business shall be transacted. When a meeting is adjourned for thirty (30) days or more, notice of the adjourned meeting shall be given as in the case of the original meeting. When a meeting is adjourned for fewer than thirty (30) days, it is not necessary to give notice of the time and place of the adjourned meeting or of the business to be transacted thereat other than by announcement at the meeting at which the adjournment is taken. SECTION 10. WAIVER OF NOTICE; CONSENT OF ABSENTEES The transactions of any meeting of the members, however called and noticed and wherever held, are as valid as though the meeting had been duly held after proper call and notice, provided a quorum, as herein defined, is present and provided that, either before or after the meeting, each person entitled to vote not present signs a waiver of notice, or a consent to hold the meeting, or an approval of the minutes thereof. Attendance of a person at a meeting shall constitute a waiver of notice of meeting except when the person objects at the beginning of the meeting that the meeting is not lawfully called. All such waivers, consents, or approvals shall be filed with the corporate records or made a part of the minutes of the meeting. SECTION 11. ACTION BY WRITTEN BALLOT WITHOUT A MEETING; WRITTEN CONSENTS Any action which, under any provision of these Bylaws may be taken at a meeting of members, may be taken without a meeting if a written ballot is distributed to every member entitled to vote and the number of ballots returned and received is equal to at least a quorum. All such written ballots are irrevocable and shall be filed with the Secretary and maintained in the corporate records. Said written notice may be delivered by First class United States Mail or by electronic mail. SECTION 12. VOTING (a) Majority. Except as otherwise provide in these Bylaws, a measure shall be affirmed by a simple majority of the voting power represented at the meeting, and voting on the measure. (b) Proxies Prohibited. Every Regular Member entitled to vote shall do so in person. No proxies shall be permitted. 9 19E -23 ARTICLE V. DIRECTORS SECTION 1. NUMBER (a) Downtown Incorporated shall have fifteen (15) Directors and collectively they shall be known as the Board of Directors. (b) The Board of Directors shall be comprised of thirteen (13) seats elected by the membership from Group 1 of the Regular Membership, one (1) ex Officio seat designated for the appointed representative of the City of Santa Ana, two (2) seats appointed by the twelve elected Directors, one of which will be from Group 2 or Group 3 of the Regular Membership, and two of which are not a Regular Member, but shall be downtown business owners who do not also own property within the Downtown Santa Ana Community Management District. (Revised in 2011 to include two merchant business owners). Due to the partnership with California State University, Fullerton a suggestion was made by the board that there be an academic representative to serve on the Board. September 16, 2010 a motion was made and seconded, to add an Academic Representative to the board. Due to lack of quorum at the September meeting an electronic vote to all Board members was sent out. It was a unanimous vote to elect Mike McGee to serve for a period of 1 year with renewal each year similar to the merchants and resident representative. (Board of Directors increased from 12 to 13, amended at the September 2010 Meeting). Ex Officio and appointed Directors shall be allowed to vote on all matters before the Board, but shall not be eligible to hold office. (Amended at the October 2009 Mtg). No longer shall the Ex Officio be allowed to vote on all matters before the Board. SECTION 2. USE OF THE TERMS "DIRECTORS" AND "BOARD" The words "Directors" and "Board" as used in the Articles of Incorporation of Downtown Incorporated, or in these Bylaws in relation to any power or duty requiring collective action, mean "Board of Directors." SECTION 3. QUALIFICATIONS, ELIGIBILITY, AND ELECTION All Directors, except the ex officio and appointed Directors, shall be Regular Members of Downtown Incorporated who shall be elected at the Annual Meeting of Members. A person must have been a member for at least one (1) year to be eligible to serve as a Director. Directors shall be elected by Regular Members in good standing in an election process conducted in a manner and voting procedure determined by the Board of Directors. SECTION 4. TERM A full term for an elected Director shall be for a period of three (3) years commencing with the annual organizational meeting described in Article V Section 11 of these Bylaws. Ex Officio and appointed Directors shall be appointed for a one (1) year term. There shall be no limit on the number of terms 10 19E -24 an individual may be elected or appointed to the Board, except that after two consecutive terms, a member will be ineligible to serve for a period of one year. SECTION 5. POWERS Subject to the provisions of the California Nonprofit Corporation Law and any limitations in the Articles of Incorporation or these Bylaws, the activities and affairs of Downtown Incorporated shall be conducted and all corporate powers shall be exercised by or under the direction of the Board of Directors. The Directors shall exercise the powers of Downtown Incorporated, control its property, and conduct its affairs, except as otherwise provided by law, the Articles of Incorporation, or by these Bylaws. Each Director shall have one (1) vote as to matters before the Board of Directors. SECTION 6. DUTIES It shall be the duty of the Directors to: (a) Perform any and all duties imposed on them collectively or individually by law, by the Articles of Incorporation of Downtown Incorporated, or by these Bylaws. (b) Appoint and remove, employ and discharge and, except as otherwise provided in these Bylaws, prescribe the duties and fix the compensation, if any, of all officers, agents, and employees of Downtown Incorporated. (c) Supervise all officers, agents, and employees of Downtown Incorporated to assure that their duties are performed properly. (d) Establish general policy direction for Downtown Incorporated and the CMD. (e) Set and periodically revise long -term goals and objectives for both Downtown Incorporated and the CMD. (f) Collectively represent the CMD as a whole to the larger community. (g) Meet at such times and places as required by these Bylaws. (h) Register their addresses and telephone numbers with the Secretary of Downtown Incorporated. Notices of meetings mailed or electronically transmitted to them at such addresses and telephone numbers shall be valid notices thereof. SECTION 7. COMPENSATION Directors shall serve without compensation, except that the Board of Directors may approve, in advance, reimbursement of expenses incurred by members of the Board in performance of their duties, and /or for special services rendered by a particular Director, provided that such special service is considered reasonable and allowable under these Bylaws. 19E -25 SECTION 8. RESTRICTION REGARDING INTERESTED DIRECTORS Notwithstanding any other provision of these Bylaws, not more than twenty -five percent (25 %) of the persons serving on the Board may be interested persons. For purposes of this section, "interested persons" means either: (a) Any person currently being compensated by Downtown Incorporated for services rendered it within the previous twelve (12) months, whether as an officer or employee, independent contractor, or otherwise, or (b) Any brother, sister, ancestor, descendant, spouse, brother -in -law, sister -in -law, son -in -law, daughter -in -law, mother -in -law, or father -in -law of any such person. SECTION 9. RESIGNATION AND REMOVAL (a) Resignation. Any Director of Downtown Incorporated may resign at any time by giving written notice to the President or to the Board. Such resignation shall take effect at the time specified therein and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Three (3) consecutive absences from regular meetings of the Board of Directors shall constitute resignation, effective at the conclusion of the third (3rd) such meeting, unless prior approval has been granted by the Board of Directors. No Director may resign if Downtown Incorporated would then be left without a duly elected Director or Directors in charge of its affairs, except upon notice to the Attorney General. (b) Removal. (i) Absenteeism by a Director of more than three (3) Board Meetings in a six (6) -month period without a leave of absence granted by the Board of Directors shall be grounds for removal by a two- thirds (2/3) majority vote of the Board of Directors, such removal to take effect upon such vote. (ii) Any Director may be removed from office if a simple majority of the Regular Members, with or without cause, vote for removal of said Director. (iii) Any Director is subject to removal from the Board of Directors, with cause, by a two - thirds (2/3) majority vote of Directors present and voting. Vacancies created by reason of any resignation or removal shall be filled as provided in Article V Section 10 of these Bylaws. Nothing herein shall prohibit the Board of Directors from granting a leave of absence if, in the opinion of the Board, such leave will not affect the operations of the Board. 12 19E -26 SECTION 10. VACANCIES Vacancies on the Board of Directors shall be filled by the remaining members of the Board of Directors who shall pass a motion to appoint a new Director. A Director so appointed will fill the unexpired term of the Director being replaced. A vacancy or vacancies in the Board of Directors shall be deemed to exist upon the occurrence of any of the following: (a) Death, resignation, or removal of any Director as a Regular Member. (b) The declaration or resolution of the Board of a vacancy in the office of a Director who has been declared of unsound mind by an order of court or convicted of a felony, or who has been found by a final order or judgment of any court to have breached a duty under California law. (c) The vote of a simple majority of the members or a two - thirds (2/3) majority of the Board to remove a Director. (d) An increase of the authorized number of Directors. SECTION 11. ORGANIZATION MEETING Immediately prior to convening the first regular meeting of the Board of Directors in the month of May, following the regularly scheduled Annual Meeting of the Members in the month of April, the Board of Directors shall convene a regular meeting for the express purpose of organization, installation of newly elected Directors, election of officers, and the transaction of such other organizational business to come before the Board. Written notice is hereby dispensed with. SECTION 12. REGULAR MEETINGS Regular meetings of the Board of Directors shall be held at least quarterly at such time as shall be prescribed from time to time by resolution of the Board. Revised: 9/16/2010 Staffs recommends going dark in August and December due to lack of attendance. Approved unanimously by the board, added to bylaws. SECTION 13. SPECIAL MEETINGS Special meetings of the Board of Directors for any purpose or purposes may be called by the President, or if absent or unable to act, by the Vice President, or if the Vice President is absent or unable to act, the Secretary, or if the Secretary is absent or unable to act, the Treasurer, or by any two Directors submitting to the responsible officer a written request for a special meeting, said request stating the issue to be addressed at the special meeting. The responsible officer shall fix a date, time, and place for the special meeting no more than seven (7) business days after receipt of the request. Such meetings shall be held at the place, within or without the state of California, designated by the person or persons calling the meeting, and in the absence of such designation, at the principal office of Downtown Incorporated. 13 19E -27 SECTION 14. PLACE OF MEETINGS Meetings shall be held at the place within the District which has been designated by resolution of the Board unless an alternative location has otherwise been designated by resolution of the Board of Directors. In the absence of such designations, meetings shall be held at the principal office of Downtown Incorporated. Any meeting, regular or special, may be held by conference telephone or similar communications equipment, as long as all Directors participating in such meeting can hear one another. SECTION 15. NOTICES (a) Meetings. Regular meetings of the Board may be held without notice. Special meetings of the Board shall be held upon three (3) days notice by United States First Class Mail or forty -eight (48) hours notice delivered personally or by electronic mail, telephone, telegraph, or other electronic means. If sent by electronic mail, mail, or telegraph, the notice shall be deemed to be delivered on its date of electronic mail, deposit in the mail, or its delivery to the telegraph company. Such notices shall be addressed to each Director at his or her address as shown on the books of Downtown Incorporated. Directors may designate an e-mail address as an additional official address for receiving notice. (b) Adjournment. Notice of the time and place of holding an adjourned meeting need not be given to absent Directors if the time and place of the adjourned meeting are fixed at the meeting adjourned and if such adjourned meeting is held no more than twenty -four (24) hours from the time of the original meeting. Notice shall be given of any adjourned regular or special meeting to Directors absent from the original meeting if the adjourned meeting is held more than twenty -four (24) hours from the time of the original meeting. Notice of meetings not herein dispensed with shall specify the place, day, and hour of the meeting. The purpose of any Board meeting may, but need not, be specified in the notice. SECTION 16. VALIDATION OF MEETING DEFECTIVELY CALLED OR NOTICED AND WAIVER OF NOTICE AND CONSENT TO HOLDING MEETINGS The transactions of any meeting of the Board, however called and noticed and wherever held, shall be as valid as though it had been at a meeting duly held after proper call and notice, provided a quorum, as hereinafter defined, is present, and provided that, either before or after the meeting, each of the Directors not present signs a waiver of notice, a consent to hold the meeting, or an approval of the minutes thereof. All such waivers, consents, or approvals shall be filed with the corporate records or made a part of the minutes of the meeting. SECTION 17. QUORUM The number of Directors necessary to constitute a quorum for the transaction of business, except to adjourn as hereinafter provided, shall be eight (8) Directors. Except as otherwise provided in these Bylaws or in the Articles of Incorporation of Downtown Incorporated, or by law, no business shall be considered by the Board at any meeting at which a quorum is not present. 14 19E -28 SECTION 18. CONDUCT OF MEETINGS Meetings of the Board of Directors shall be presided over by the President of Downtown Incorporated or, in the President's absence, by the Vice President, if the Board of Directors has elected a Vice President or, in the absence of each of these persons, by a Chairperson chosen by a majority of the Directors present at the meeting. In the absence of the President and Vice President, the Secretary will call the meeting to order to conduct the election of the temporary presiding officer. The Secretary of Downtown Incorporated shall act as Secretary of all meetings of the Board provided that, in his or her absence, the presiding officer shall appoint another person to act as Secretary of the meeting. Meetings shall be governed by Robert's Rules of Order, as such rules may be revised from time to time, insofar as such rules are not inconsistent with or in conflict with these Bylaws, the Articles of Incorporation of Downtown Incorporated, or with provisions of law. Members of the Board may participate in a meeting through use of conference telephone or similar communications equipment, as long as all members participating in such meeting can hear one another. Such participation shall constitute presence at the meeting. SECTION 19. MAJORITY ACTION AS BOARD ACTION. (a) Every act or decision done or made by a majority of the Directors present at a meeting duly held at which a quorum is present is the act of the Board of Directors, unless the Articles of Incorporation or Bylaws of this Corporation, or provisions of the California Nonprofit Corporation Law require a greater percentage or different voting rules for approval by the Board. (b) Proxies Prohibited. Every Director entitled to vote at any meeting of the Board of Directors shall do so in person. No proxies shall be permitted. SECTION 20. ELECTRONIC APPEARANCE Teleconferencing and videoconferencing, as authorized by §54953 of the Ralph M. Brown Act may be used for all purposes in connection with meetings. All votes taken during a teleconferenced and video conference meeting shall be by roll call. If teleconferencing or videoconferencing is used, the Board shall post the agenda at all teleconference and videoconference locations and conduct meetings in a manner that protects the constitutional rights of the parties or the public appearing before the Board. Each location shall be identified in the notice and agenda of the meeting. SECTION 21. ADJOURNMENT A majority of the Directors present, whether or not a quorum is present, may adjourn any Board meeting to meet again at a stated day and hour or from time to time until the time fixed for the next regular meeting of the Board. The Directors present at a duly called and held meeting at which a quorum is initially present may continue to do business notwithstanding the loss of a quorum due to a withdrawal of Directors from the meeting, provided that any action taken thereafter must be approved by at least a majority of the required quorum for such meeting or such greater percentage as may be required by law, the Articles of Incorporation, or Bylaws of Downtown Incorporated. When a meeting is adjourned for lack of a quorum, it shall not be necessary to give any notice of the time and place of the adjourned meeting or of the business to be transacted at such meeting, other than by 15 19E -29 announcement at the meeting at which the adjournment is taken, except as provided in Section 15(b) of this Article. SECTION 22. ACTION BY UNANIMOUS WRITTEN CONSENT WITHOUT MEETING Any action required or permitted to be taken by the Board of Directors under any provision of law may be taken without a meeting, if all members of the Board shall individually or collectively consent in writing to such action. Such written consent or consents shall be filed with the minutes of the proceedings of the Board. A request for a vote by telephone or electronically may be allowed. A reasonable attempt must be made to reach all Directors. A record of calls made, and the results of said attempt and call must be duly recorded, and shall become part of the minutes of the following meeting of the Board of Directors. Those Directors voting by telephone shall subsequently put their vote in writing and such written ballot shall be made part of the minutes of the next meeting of the Board of Directors. Such action by written consent or telephone vote shall have the same force and effect as the unanimous vote of the Directors. Any certificate or other document filed under any provision of law which relates to action so taken shall state that the action was taken by unanimous written consent of the Board of Directors without a meeting and that the Bylaws of Downtown Incorporated authorized the Directors to so act, and such statement shall be prima facie evidence of such authority. SECTION 23. NONLIABILITY OF DIRECTORS The Directors shall not be personally liable for the debts, liabilities, or other obligations of the Corporation. Downtown Incorporated shall maintain a policy of Directors and Officers liability insurance coverage for the benefit of the Corporations Directors and Officers. Said directors and Officers insurance shall only be purchased from an insurance company that is licensed to do business in California and is determined to be financially solvent by the California State Insurance commissioner. Said insurance shall be purchased by the Corporation upon the approval of the Corporation's Directors. SECTION 24. INDEMNIFICATION BY CORPORATION OF DIRECTORS To the extent that a person who is, or was, a Director, officer, employee or other agent of Downtown Incorporated has been successful on the merits in defense of any civil, criminal, administrative or investigative proceeding brought to procure a judgment against such person by reason of the fact that he or she is, or was, an agent of the Corporation, or has been successful in defense of any claim, issue or matter, therein, such person shall be indemnified against expenses actually and reasonably incurred by the person in connection with such proceeding. If such person either settles any such claim or sustains a judgment against him or her, then indemnification against expenses, judgments, fines, settlements and other amounts reasonably incurred in connection with such proceedings shall be provided by Downtown Incorporated but only to the extent allowed by, and in accordance with the requirements of California Nonprofit Corporation Law. 16 19E -30 I ARTICLE VI. NOMINATIONS AND ELECTIONS SECTION 1. NOMINATIONS AND ELECTION - DIRECTORS The annual election of Regular or Advisory members to the Board of Directors shall be conducted as follows: (a) The Board shall, at least thirty (30) days prior to the Annual Meeting, announce in writing to the membership, the solicitation of candidates for pending board vacancies. (b) (b) The board may require a letter of intent or application to serve on the board of Directors from eligible interested candidates. (c) (c)At a special meeting or meetings of the Board, eligible candidate applications for Board vacancies shall be reviewed and considered by the Board. Interviews may be conducted. The board shall vote to fill such vacancies from the list of eligible candidates in accordance with Article III of these Bylaws, with the election results announced by the presiding officer at the Annual Meeting. (d) Notwithstanding the foregoing provision of this Section 1, all directors shall hold office until their respective successors are elected and qualified. Section 2 VACANCIES. Vacancies in the Board of Directors may be filled by a majority vote of the remaining directors and each director so elected shall hold office until his or her successor is elected and qualified. A vacancy on the board of Directors shall be deemed to exist in case of the death, resignation or removal of any director; the declaration of a vacancy of the office of a director who has been declared of unsound mind by a final order of court or who has been convicted of a felony. SECTION 2. VOTE REQUIRED TO ELECT DIRECTORS Candidates receiving the highest number of votes shall be elected as Directors. Each Regular Member may cast their entitled number of votes for each Director vacancy being filled at that meeting. Vote entitlements may not be split or cumulative. SECTION 3. OVERLAPPING TERMS OF OFFICE The terms of office shall be staggered so that four (4) Directors shall be elected each year. SECTION 4. VOTE REQUIRED TO ELECT OFFICERS The candidate who receives a majority of votes cast shall be declared the winner. In the event an office remains unfilled after the first ballot, voting for that office shall continue until a single candidate receives the required majority of votes for each office. If an individual declines to serve, the Chair of the Nominating Committee shall immediately announce a vacancy in the office, declare the floor open for nominations, and call for the election to fill the vacancy. 17 19E -31 ARTICLE VII. OFFICERS SECTION 1. NUMBER OF OFFICERS The officers of Downtown Incorporated shall be a President, a Vice President, a Secretary, and a Chief Financial Officer who shall be designated the Treasurer. Downtown Incorporated may also have, as determined by the Board of Directors, Assistant Secretaries, Assistant Treasurers, or other officers. No person shall hold more than one office, with the exception of a Board approved Secretary/Treasurer. SECTION 2. QUALIFICATION AND TERM OF OFFICE A Director must have served on the Board for a period of at least one (1) year to be eligible for election to office. Only elected Directors are qualified to hold the office of President, Vice President, Secretary and Treasurer, but any Regular Member may hold the office of Assistant Secretary or Assistant Treasurer. The President, Vice President, Secretary, and Treasurer shall be elected at the Organizational Meeting. Each such officer shall hold office until the end of the term or until removal, death or resignation. A term will be one (1) year with eligibility for reelection for a maximum of three (3) terms. The assistant officers shall be appointed by the Board as soon as practical and shall serve at the pleasure of the Board. The Board of Directors may appoint the assistant officers referred to in Article VII Section 1 of these Bylaws at any time and from time to time. All assistant officers shall hold their office at the pleasure of the Board and shall be subject to removal by the Board. SECTION 3. REMOVAL AND RESIGNATION Any officer may be removed, either with or without cause, by a majority of the Directors at the time in office, at any regular or special meeting of the Board, and such officer shall be removed should he or she cease to be qualified for the office as herein required. Any officer may resign at any time by written notice to the President or to the Board of Directors. Acceptance by the Board of any such resignation shall not be necessary to make it effective. SECTION 4. VACANCIES Any vacancy caused by a death, resignation, removal, disqualification, or the like, of an officer shall be filled by the Board of Directors for the unexpired portion of the term. SECTION 5. DUTIES OF PRESIDENT The President shall be the representative of the Board of Directors. The President shall have general control and management of the affairs, property and business of Downtown Incorporated, subject to the control of the Board of Directors and the provisions of these Bylaws. The President shall preside at all meetings of members and of the Board of Directors. The President shall appoint the chair and members of all committees and shall have the power to remove any chair or committee appointment at his /her pleasure. The President shall, whenever it may be necessary in his /her opinion, prescribe the duties of officers and employees of Downtown Incorporated whose duties are not otherwise defined in these Bylaws or by the Board pursuant to the authority contained in these Bylaws. The President may, if necessary, sign and execute in the name of Downtown Incorporated, deeds, assignments, mortgages, bonds, contracts, and other instruments duly authorized by the Board of Directors. 18 19E -32 SECTION 6. DUTIES OF VICE PRESIDENT The Vice President shall assume the duties and powers of the President in the President's absence or disability to act and perform such other duties and possess such other powers as shall be prescribed and conferred by the Board of Directors or by the President. SECTION 7. DUTIES OF SECRETARY The Secretary shall: (a) Certify and keep at the principal office of Downtown Incorporated the original or a copy of these Bylaws as amended from time to time. (b) Keep at the principal office of Downtown Incorporated, or at such other place as the Board of Directors may order, a book of minutes of all meetings of the Directors and /or members, recording therein the time and place of voting, whether regular or special, and, if special, how authorized, notice thereof given, the names of those present at meetings of Directors, the number of members present at the meeting of members, and the proceedings thereof. (c) Ensure that all notices are duly given in accordance with the provisions of these Bylaws or as required by law. (d) Be custodian of the records and of the seal of the Corporation and ensure that the seal is affixed to all duly executed documents, the execution of which on behalf of the Corporation under its seal is required by law or by these Bylaws. (e) Keep at the principal office of Downtown Incorporated, a membership book containing the name and address of each member, and, in any cases where membership has been terminated, a record of said termination including the date on which the membership ceased. (f) Exhibit at all reasonable times to any Director of Downtown Incorporated, or to any Director's agent or attorney, on request therefore, the Bylaws, the membership book, and the minutes of the proceedings of Directors and of the members of Downtown Incorporated. (g) Exhibit at all reasonable times to any voting member, or to any member's agent or attorney, on written demand therefore for a purpose reasonably related to the interests of such member, the Bylaws and the minutes of meetings of the Directors or of the members, and shall exhibit said records at any time when required by the demand of ten percent (10 %) or more of the voting members of Downtown Incorporated. (h) In general, perform all duties incident to the office of Secretary, and such other duties as may be required by law, by the Articles of Incorporation of this Corporation, or by these Bylaws, or which may be assigned from time to time by the Board of Directors. 19 19E -33 SECTION 8. DUTIES OF TREASURER Subject to the provisions of these Bylaws the Treasurer shall: (a) Have charge and custody of, and be responsible for, all funds and securities of Downtown Incorporated. Deposit all such funds in the name of Downtown Incorporated in such banks, trust companies, or other depositories as shall be selected by the Board of Directors. (b) Receive, and give receipt for, monies due and payable to Downtown Incorporated from any source whatsoever. (c) Disburse or cause to be disbursed, the funds of Downtown Incorporated as may be directed by the Board of Directors, taking proper vouchers for such disbursements. (d) Keep and maintain adequate and correct accounts of Downtown Incorporated's properties and business transactions, including accounts of its assets, liabilities, receipts, disbursements, gains and losses. (e) Exhibit at all reasonable times the books of account and financial records to any Director of Downtown Incorporated, or to his or her agent or attorney, on request therefore. (f) Render to the President and Directors, whenever requested, an account of any or all of his /her transactions as Treasurer and of the financial condition of Downtown Incorporated. (g) Prepare, or cause to be prepared, and certify, or cause to be certified, the financial statements to be included in any required reports. (h) In general, perform all duties incident to the office of Treasurer and such other duties as may be required by law, by the Articles of Incorporation of the Corporation, or by these Bylaws, or which may be assigned to him or her from time to time by the Board of Directors. SECTION 9. DUTIES OF ASSISTANT OFFICERS Any assistant officers appointed by the Board of Directors shall exercise such powers and perform such duties as shall be assigned from time to time by the President or by the officer which he /she has been assigned to assist A Parliamentarian shall be appointed by the President to assist the Board in.-Advising board members and presiding officers on parliamentary procedure. Responsible for making sure that the organization board follows the correct procedures based on the Robert's Rules of Order process in board meetings, Other duties as assigned: Assist the board president in preparing for a meeting. Count ballots cast during a vote by board members and report the number of yes and no votes to the board president. Duties include keeping track of those wishing to speak, amendments, motions and voting as well. All procedure questions or problems that come up during a meeting, which might include maintaining order and ensuring no dialogue takes place between board members. Ensuring visitors are privy to the procedures that apply to them. Deem a board member out of order if he /she speaks when another individual has the floor. g1] 19E -34 SECTION 10. OFFICE OF EXECUTIVE DIRECTOR Downtown Incorporated may employ an Executive Director to perform such duties as determined by the President and the voting majority of the Board of Directors. The Executive Director shall be accountable to the Board of Directors. The Executive Director, acting as the chief operating officer shall manage the day -to -day operations of Downtown Incorporated and be responsible for the administration and supervision of its offices, subject to the direction of the President, or Vice President in the absence or unavailability of the President. SECTION 11. COMPENSATION The only officer who shall receive a salary shall be the Executive Director. The salary of the Executive Director shall be fixed from time to time by resolution of the Board of Directors. Officers may receive expense payments pursuant to Article V Section 7 of these Bylaws. ARTICLE VIII. COMMITTEES SECTION 1. EXECUTIVE COMMITTEE There is hereby created an Executive Committee, which shall consist of the officers of Downtown Incorporated. The Executive Committee, in cases of emergency, may exercise any of the powers and authority of the Board in the management of the business and affairs of Downtown Incorporated, except with respect to: (a) The approval of any action which, under law or the provisions of these Bylaws, requires the approval of the majority of all of the Directors. (b) The filling of vacancies on the Board or on any committee which has the authority of the Board. (c) The amendment or repeal of Bylaws or the adoption of new Bylaws. (d) The amendment or repeal or any resolution of the Board. (e) The approval of any transaction to which Downtown Incorporated is a party and in which one or more of the Directors has a material financial interest. An emergency is defined as any business which requires action prior to the next regularly scheduled meeting of the Board of Directors. By a majority vote of the Board, the Board may, at any time, revoke or modify any or all of the authority so delegated. The Executive Committee shall keep regular minutes of its proceedings, cause them to be filed with the corporate records, and report the same to the Board from time to time as required. 21 19E -35 SECTION 2. STANDING COMMITTEES Standing Committees Membership Policy & Protocol Summary SECTION 1. STANDING COMMITTEES — Revised and approved November 18, 2009 Standing committees of the Corporation shall be as listed below. The Chair for each committee shall be appointed by the President and voted on by the Board of Directors. The Chair must be a property owner in good standing (no outstanding dues, assessment, etc.). The standing committees are as follows: (a) Organization and Resource Development: • While the Board may have general ideas about fund raising, organization strategy, and developing resources, it should be looking to this committee for concrete work plan proposals. Once proposals are approved, this committee will need to pull together resources and complete the projects. (b) Physical Enhancement: • To assist in shaping the physical image of Downtown as a place attractive to shoppers, investors, business owners, and visitors. To succeed, this committee will need to persuade fiercely independent business and property owners and civic leaders to commit to an ambitious, pointed agenda for physical enhancement to Downtown. (c) Economic Enhancement: • Has primary responsibility for gathering and interpreting market information, which it will then use to create an economic development strategy for Downtown. Other committees rely on this information for their work. Because the entire program depends on the information it gathers and analyzes, the Committee must develop excellent communication with the Board and the other committees. (d) Marketing and Promotions: Primary responsibility for strengthening Downtown's image and marketability. • Changes community attitudes about Downtown. • Builds a unified image. • Generates fresh activity with Downtown as the center of community life. • Communicates progress and excitement attracting shoppers and investors. • Creating new image campaigns, retail promotions, and special events to lure people to Downtown. (e) Events Committee (Added at the Regular Board Meeting on October 15, 2009, amended bylaws to include Events through a unanimous decision of the Board Of Directors). 22 19E -36 • The Event Committee is tasked with the protection of the entire district as it relates to street closure projects impacting the usage of the district's public right of way, as well as the impact on businesses, residents and property owners. • Projects located within the boundaries of Downtown Incorporated should strive to balance the historic character with the successful operation of commerce. • Projects located within and adjacent to the boundaries of Downtown Incorporated should be sensitive to the residential population as it concerns access and sound management. • Projects located within and adjacent to the boundaries of Downtown Incorporated should serve to enhance the image and reputation of Downtown Incorporated as the region's premiere shopping, dining and entertainment district. • The Event Committee will use the approved Special Event Policy (under construction as of 11/6/09), to govern its direction, review and approval /disapproval of any project presented within or adjacent to Downtown Incorporated. General Policy and Procedures for all standing committees: Number of allowed committee members: 7 -12 Attendance: Committee members must have (a.) No more than two (2) unexcused consecutive absences; and (b.) No more than four (4) unexcused absences in one (1) calendar year unless If a committee member misses a meeting, they may request to be excused for their absence at the following committee meeting. Quorum: A quorum is established when there are four (4) voting members in attendance. An item can not be voted on unless the committee has a quorum. Voting: A motion must have 50 % +1 of the attending member votes for it to pass. The Committee Chair does not vote, unless to break the tie. Committee Recruitment: The Committees are looking for fresh perspectives balanced with longevity of participation when considering new committee members. Due to the types of projects and stewardship that is entrusted to the Special Committees, committee members must have a comprehensive understanding of the community impact, and the role the committee and Downtown Inc. performs in the community. Each committee member is asked to serve on only one committee. Process to become a voting member of a Standing Committee: 1. Be a Downtown Inc., member or Downtown Inc Associate member (levels of membership under construction as of 11/6/09), in good standing (no outstanding assessment, dues, etc.). 2. Submit a written request with relevant experience to the Committee Chair and submit a copy to the Downtown Incorporated staff member, Yolanda Lawler. 3. Attend 6 consecutive Committee meetings. 4. The Committee Chair will place the request on the agenda at the seventh meeting for review and vote by the Board of Directors. 5. If approved, the new committee member may join the Committee at the seventh meeting and begin voting on agenda items. II. Committee Chair and Vice -Chair 1. The chair of the Standing Committees shall be appointed annually by the Executive Committee of Downtown Inc., after input from the committee members, the Executive Director and the prior Chairperson. 2. It is the responsibility of the Chairperson to: 23 19E -37 a. Recruit new members for the committee from Downtown Inc. membership, trying to focus on non - board members. b. Make recommendations to the Board of Directors for the Vice - Chairperson of the committee. c. Work with staff to prepare the monthly meeting agenda and schedule the necessary presentations by the appropriate parties. d. Follow -up on old business of the committee, and make sure that actions passed by the committee go on to Downtown Inc. Board agenda. e. Inform the committee on Downtown Inc. Board actions or recommendations that are relevant to the Special Event Committee. 3. It is the responsibility of the Vice Chair to: a. To assist the Chairperson in the management of the monthly meeting, including but not limited to; i. Taking roll and /or oversight of the committee /guest sign -in sheet ii. Assistance in policy clarity and application iii. Assume the role of the Chair in their absence/ recusal III. Committee Members 1. The Downtown Inc. Standing Committees will have no less than seven (7) and not to exceed twelve (12) voting members, including the Chair and Vice Chair. 2. All members in good standing with Downtown Inc. are eligible and encouraged to become a member of a standing Committee. 3. Members become eligible for Committee membership once they have attended six consecutive (6 Months) committee meetings. 4. Once eligible, the member is nominated by a simple motion, second and vote by a quorum (4) of the committee membership. 5. Committee members remain active, in good standing, by remaining in good standing with Downtown Inc. and maintaining sufficient attendance at the Committee. a. No more than two (2) unexcused consecutive absences. b. No more than four (4) unexcused absences in one (1) calendar year. IV. Conflict of Interest 1. It is understood and accepted that time -to -time the members of the committee, including the Chair and Vice -Chair may have an interest or specific bias with a project under review by the Committee, that member or members must: a. Immediately identify their conflict of interest to the committee and acknowledge their need to be removed from the vote b. Refrain from excessive discussion, pro or con even if asked for by the committee c. Refrain from implying or directly using their position on the committee for favorable treatment 2. Downtown Inc., projects are not subject to Section IV of the stated policy due to the inherent conflict of interest on either side of the approval process. All committee members are to be considered in the review of Downtown Inc., sponsored projects. 3. Should a member not adhere to this policy, they are subject to immediate dismissal from the committee and will be considered not in good standing with Downtown Inc., for a period of six (6) months. SECTION 3. OTHER/AD HOC COMMITTEES Downtown Incorporated shall have such other committees as may from time to time be designated by resolution of the Board of Directors. Such other committees may consist of persons who are not also 24 i P-1 29611 members of the Board. These additional committees shall act only in an advisory capacity to the Board and shall be clearly titled as "advisory." Ad hoc committees may be created by the President as deemed necessary for proper conduct of Downtown Incorporated business. SECTION 4. MEMBERSHIP AND QUORUM The Executive Committee shall be comprised of the four officers. All members of Downtown Incorporated shall be eligible for appointment to standing committees and other committees. A quorum shall be defined as the simple majority of each said committee. SECTION 5. ATTENDANCE The committee member shall attend the committee meetings as scheduled by the Chair, provided due notice is given. Any three (3) absences from committee meetings shall constitute the removal of a committee member from said committee. If the committee member is a Director, three (3) absences from committee meetings may be considered just cause for removal from the Board, this being determined by vote of the Board. SECTION 6. MEETINGS AND ACTIONS OF COMMITTEES (a) The Executive Committee may act in place and instead of the Board, between Board meetings, on all matters except those specifically reserved to the Board by these Bylaws and California law. (b) Meetings and action of committees shall be governed by, noticed, held and taken in accordance with the provisions of these Bylaws concerning meetings of the Board of Directors, with such changes in the context of such Bylaw provisions as are necessary to substitute the committee and its members for the Board of Directors and its members, except that the time for regular meetings of committees may be fixed by resolution of the Board of Directors or by the committee. The time for special meetings of committees may also be fixed by the Board of Directors. The Board of Directors may also adopt rules and regulations pertaining to the conduct of meetings of committees to the extent that such rules and regulations are not inconsistent with the provisions of these Bylaws. ARTICLE IX. INDEMNIFICATION SECTION 1. INDEMNIFICATION OF DIRECTORS AND OFFICERS Should any Director or officer of this Corporation be sued, either alone or with others, in his or her capacity as a current or former Director or officer of this Corporation, in any proceeding arising out of any alleged wrongful act by the Corporation, indemnity for his or her reasonable expenses, including attorneys' fees and the defense thereof, may be assessed against the Corporation, its receiver, or its trustee, by the court in the same or a separate proceeding if: (a) The court finds that the officer or Director was not guilty of malfeasance or derelict in the performance of his /her duties; and 25 19E -39 (b) The court finds that his or her conduct fairly and equitably merits such indemnity. The amount of such indemnity shall be so much of the expenses, including attorney fees, incurred in the defense of the action, as the court determines and finds to be reasonable. ARTICLE X. CORPORATE RECORDS, REPORTS AND SEAL SECTION 1. MINUTES OF MEETINGS The Corporation shall keep at its principal office in the state of California, or at such other place as the Board of Directors may order, a book of minutes of all meetings of members, a book of minutes of all meetings of Directors and committees of the Board indicating the time and place of such meetings, whether regular or special, how called, the notice given, and the names of those present and the proceedings thereof, and in the case of special meetings, how authorized. SECTION 2. BOOKS OF ACCOUNTS The Corporation shall keep at its principal office in the state of California, or at such other place as the Board of Directors may order, adequate, current, and correct books and records of account, including accounts of its properties and business transactions and accounts of its assets, liabilities, receipts, disbursements, gains and loss. SECTION 3. ARTICLES OF INCORPORATION /BYLAWS /BOARD OF DIRECTORS The Corporation shall keep at its principal office in the state of California, or at such other place as the Board of Directors may order, a copy of the Corporation's Articles of Incorporation, the Bylaws, as amended to date, and a record of its Board of Directors and officers, indicating their names and addresses and the term of office SECTION 4. DIRECTORS' INSPECTION RIGHTS Every Director shall have the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind and to inspect the physical properties of the Corporation. SECTION 5. MEMBERS' INSPECTION RIGHTS Each and every member shall have the following inspection rights, for a purpose reasonably related to such person's interest as a member to: (a) Inspect and copy the record of all members' names, addresses and voting rights, at reasonable times, upon five (5) business days' prior written demand on the Corporation, which demand shall state the purpose for which the inspection rights are requested. (b) Obtain from the Secretary of the Corporation, upon written demand and payment of a reasonable charge, a list of the names, addresses and voting rights of those members entitled to vote for the election of Directors as of the most recent record date for which the list has been compiled or as of the date specified by the member subsequent to the date of demand. The demand shall state the purpose for which the list is requested. The membership list shall be made available on or before the latter of ten (10) business days after the demand is 26 19E -40 received or after the date specified therein as of which the list is to be compiled. (c) Inspect at any reasonable time the books, records, or minutes of proceedings of the members, or of the Board, or of committees of the Board, upon written demand on the Corporation by the member, for a purpose reasonably related to such person's interests as a member. SECTION 6. RIGHT TO COPY AND MAKE EXTRACTS Any inspection under the provisions of this article may be made in person or by agent or attorney and the right to inspection includes the right to copy and make extracts. SECTION 7. ANNUAL REPORT At the end of each fiscal year, the Board of Directors shall prepare and publish, or cause to be prepared and published, an annual report of receipts and disbursements of Downtown Incorporated, and shall determine the form and detail in which the report shall be made. The President shall present the annual report at the Annual Meeting of Members. The Board shall cause an annual report to be furnished to all Directors of the Corporation not later than ninety (90) days after the close of the Corporation's fiscal year. The annual report shall contain the following information in appropriate detail: (a) The assets and liabilities, including the trust funds, of the Corporation as of the end of the fiscal year. (b) The principal changes in assets and liabilities, including trust funds, during the fiscal year. (c) The revenue or receipts of the Corporation, both unrestricted and restricted to particular purposes, for the fiscal year. (d) The expenses or disbursements of the Corporation, for both general and restricted purposes, during the fiscal year. The annual report shall be accompanied by any report of independent accountants, or, if there is no such report, the certificate of an authorized officer of the Corporation that the annual report was prepared, without audit, from the books and records of the Corporation. SECTION 8. CORPORATE SEAL The Board of Directors shall adopt and use, and may at will, alter, a corporate seal. The Seal of the Corporation shall have inscribed therein the full name of the Corporation and the year of its incorporation. Such seal shall be kept at the principal office of the Corporation. Failure to affix the seal to corporate instruments, however, shall not affect the validity of any such instrument. 27 19E -41 ARTICLE XI. EXECUTION OF INSTRUMENTS, DEPOSITS AND FUNDS SECTION 1. EXECUTION OF INSTRUMENTS The Board of Directors, except as otherwise provided in these Bylaws, may by resolution authorize any officer or agent of the Corporation to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances. Unless so authorized, no officer, agent, or employee shall have any power or authority to bind the Corporation by any contract or engagement or to pledge its credit or to render it liable for any purpose or in any amount. SECTION 2. CHECKS AND NOTES Except as otherwise specifically determined by resolution of the Board of Directors, or as otherwise required by law, all checks, drafts, promissory notes, orders for the payment of money, and other evidence of indebtedness of the Corporation shall bear the signatures of two officers of the Corporation. SECTION 3. DEPOSITS AND INVESTMENTS (a) All funds of the Corporation shall be deposited to the credit of the Corporation in such banks, trust companies, or other depositories as the Board of Directors may select or as may be selected by any officer of the Corporation to whom such power has been delegated by the Board, provided said banks, trust companies or other depositories are insured by the Federal Deposit Insurance Corporation or such United States Government agency charged with insuring such funds; and for the purpose of such deposit, any officer or employee to whom such power may be delegated by the Board may endorse, assign or deliver checks, drafts and other orders for the payment of money which are payable to the order of the Corporation. (b) All investments of the Corporation shall only be made to the credit of the Corporation in such banks, trust companies, or other depositories as the Board of Directors may select or as may be selected by any officer of the Corporation to whom such power has been delegated by the Board, provided said banks, trust companies or other depositories are insured by the Federal Deposit Insurance Corporation or such United States Government agency charged with insuring such funds. SECTION 4. GIFTS The Board of Directors may accept on behalf of the Corporation any contribution, gift, bequest, or devise for the charitable or public purposes of this Corporation. No gift, donation, bequest or contribution to the Corporation shall be deemed to have been accepted until acted upon affirmatively by the Board of Directors. 28 19E -42 ARTICLE XII. FISCAL YEAR SECTION 1. FISCAL YEAR OF THE CORPORATION The fiscal year of the Corporation shall begin on the first (1 st) day of January and end on the thirty -first (31S) day of December in each year. Revised: In May 2010, the City of Santa Ana advised Downtown Inc. to change the fiscal period to July 1St to June 30th to align with the City of Santa Ana. ARTICLE XIII. LIMITATION OF AUTHORITY SECTION 1. LIMITATION No action by any member, Director, officer, committee, committee member, or employee shall be binding upon, or constitute an expression of, the policies of Downtown Incorporated until it shall have been approved or ratified by the Board of Directors as herein provided. ARTICLE XIV. PROHIBITION AGAINST SHARING CORPORATE PROFITS AND ASSETS SECTION 1. PROHIBITION AGAINST SHARING CORPORATE PROFITS AND ASSETS No Director, officer, employee, or other person connected with this Corporation, or any private individual, shall receive, at any time, any of the net earnings or pecuniary profit from the operations of the Corporation, provided, however, that this provision shall not prevent payment to any such person of reasonable compensation for services performed for the Corporation in effecting any of its exempt purposes, provided that such compensation is otherwise permitted by these Bylaws and is fixed by resolution of the Board of Directors; and no such person or persons shall be entitled to share in the distribution of, and shall not receive, any of the corporate assets on dissolution of the Corporation. All members of the Corporation shall be deemed to have expressly consented and agreed that on such dissolution of the Corporation, whether voluntarily or involuntarily, the assets of the Corporation, after all debts have been satisfied, shall be distributed as required by the Articles of Incorporation and Bylaws of this Corporation and not otherwise. 19E -43 ARTICLE XV. DEDICATION AND DISSOLUTION SECTION 1. DEDICATION The property of this Corporation is irrevocably dedicated to exempt purposes and no part of the net income or assets of this Corporation shall ever inure to the benefit of any Director, officer or member thereof or to the benefit of any private individual. SECTION 2. DISSOLUTION Upon dissolution or the conclusion of business of the Corporation, its assets remaining after payment of, or provision for payment of, all debts and liabilities of this Corporation, shall be distributed to a nonprofit fund, foundation or Corporation within the City of Santa Ana operated exclusively for exempt purposes and which has established its tax exempt status under Section 501 (c) of the Internal Revenue Code, or the corresponding section of any future federal tax code, and which is qualified for exemption from taxation under appropriate sections of the California Revenue and Taxation Code. ARTICLE XVI. AMENDMENT OF BYLAWS SECTION 1. POWERS OF MEMBERS (a) Power to Amend. These Bylaws may be amended or repealed and new Bylaws adopted by the affirmative vote of a majority of the votes represented and voting at a duly noticed and held meeting of the members at which a quorum is present, or by the written assent of such members, except as otherwise provided by law or by the Articles of Incorporation. (b) Request to Amend. The membership may request that action be taken to change the Bylaws by submitting to the Board of Directors a petition signed by fifteen percent (15 %) of the Regular membership. (c) Notice and Ballot. The Board shall provide all Regular Members with a notice of meeting accompanied by a statement about the proposed amendment clearly outlining the change, specifying the reason for the change, and if the change is requested by membership petition or by action of the Board of Directors. SECTION 2. POWERS OF DIRECTORS Subject to the rights of members as provided in Article XVI Section 1, these Bylaws may be altered, amended or repealed by a vote of a two- thirds (2 /3rd) majority of the Board of Directors present in person at any valid meeting of the Board of Directors at which a quorum is present provided, however, that notice of the proposed amendment, as described in Article XVI Section 1(c) of these Bylaws, shall have been given to each Regular Member at least thirty (30) days before the meeting at which the proposed amendment is to be voted upon, and further provided that the Board of Directors may not adopt any amendment that would: 30 19E -44 (a) Change the authorized number of Directors, change from a fixed number of Directors to a variable number of Directors, or increase the term of office of any Director. (b) Increase or decrease the quorum required for the conduct of business at a meeting of members. (c) Change or limit the number of members authorized in total or for any class. (d) Authorize a new class of members. (e) Effect an exchange, reclassification, or cancellation of all or any part of the memberships. (f) Materially and adversely affect the rights and privileges of members as to voting, inspection, indemnification, or dissolution. (g) Change the boundaries of the District. SECTION 3. RECORD OF AMENDMENTS Whenever an amendment or new Bylaw is adopted it shall be inserted into the official copy of the Bylaws in the appropriate place. If any Bylaw is repealed, the fact of repeal and the date of the meeting at which it was repealed or the date of written consent was effective shall be stated in the official copy of the Bylaws. ARTICLE XVII. EFFECTIVE DATE SECTION 1. EFFECTIVE DATE These Bylaws shall become effective immediately upon their adoption by the incorporator. Amendments to these Bylaws shall become effective immediately upon their adoption unless the Board of Directors or members in adopting them provide that they are to become effective at a later date. First adopted and made effective by the Founding Board of Directors through a motion duly made, seconded, and unanimously carried at a meeting properly held on the 21St day of May, 2009 HADOWNTOWN INCORPORATED \Bylaws \BYLAWS of Downtown Incorporated May- 2009.docx 31 19E -45 CERTIFICATE We, the undersigned, do hereby certify: 1. That we are the duly elected and acting Board of Directors of Downtown Inc., a California nonprofit mutual benefit corporation; and 2. That the foregoing Bylaws constitute the Bylaws of said corporation as duly adopted on May 21, 2009, by the consent of all of the acting directors of said corporation. That the foregoing Bylaws constitute the current Bylaws as amended in fiscal year 2011 -2012. IN WITNESS WHEREOF, we have hereunto subscribed our names this. Ryan Chase Date Dan Bradley Date Nathan Hittle Date Joe Duffy Date Mike Paxton Date Teresa Saldivar Date Mike McGee Date Dennis Dascanio Date Bob Stewart Date Davin Gumm Date Gil Marrero Date Carl Middleton Date Michael Truong Date Dennis Lluy Date Ken Gominsky Date Chris Taylor Date 19E -46 32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2012 TITLE: CONTRACT AWARD TO MALLORY SAFETY & SUPPLY COMPANY FOR ON -GOING HOMELAND SECURITY PROJECTS (SPEC. NO. 12 -054) 1 —CITY MANAGER RECOMM CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on ls`Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Mallory Safety & Supply Company for on -going Homeland Security projects for a one -year period with provision for two, one -year renewals, in an amount not to exceed $1,750,000 for the first year. DISCUSSION The United States Department of Homeland Security, Office of Grants and Training has developed the Urban Areas Security Initiative (UASI) funding program. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate and appropriate equipment and training to prevent, respond to, and recover from acts of terrorism. Santa Ana has been designated as an Urban Area Core City since 2003. As such, for certain grant years, Santa Ana is responsible for purchasing equipment and providing training to the other 34 jurisdictions in Orange County. The US Department of Homeland Security has identified Preventive Radiological /Nuclear Detection (PRND) capabilities, Critical Infrastructure & Key Resources (CIKR) protection, and First Responder all- hazards training & exercises, as priorities for state and local jurisdictions. The Anaheim /Santa Ana Urban Area has funded initial phases of the PRND, the Santa Ana PD /Civic Center camera (CIKR), and Tactical Emergency Casualty Care (TECC) projects using FY2006- FY2009 UASI funds. These on -going projects require additional funding to complete future phases and development. 22A -1 Contract Award to Mallory Safety & Supply September 4, 2012 Page 2 PRND: Phase I of the three - phased PRND Project included the purchase of approximately 80 Portable Radiation Detectors (PRD's) which were issued to Terrorism Liaison Officers and personnel assigned to John Wayne Airport and the Disney Resort Area. This phase included the development of a draft PRND Annex or deployment/response policy. Phase I was completed in early 2012. Phase II includes the purchase of another 50 PRDs, as well as five covert backpacks, that will provide more sensitive detection equipment to the Operational Area's HazMat teams and the Orange County Health Care Agency. The increased sensitivity level for Isotope identification of the backpacks will aid investigations at mass gathering sites. The new PRD's will be distributed to first responders at Orange County Fire Authority, Orange County Health Care Agency and the cities of Anaheim and Huntington Beach. CIKR: The SAPD /Civic Center project began with the installation of a robust video camera system at police headquarters to harden and protect the perimeter of the facility. Phase I was completed in early 2012. Phase II will include the installation of approximately 25 -30 cameras around the Santa Ana Civic Center, creating a similar network to what exists at police headquarters. The buildings and entities in the Civic Center are vital to the day -to -day operations of the City, State, and Federal governments. The Ronald Regan Federal Courthouse, the Federal Bureau of Investigations, the US Marshalls and Customs, the California Appellate Court, the Orange County Criminal Courts building, and the Santa Ana City Hall are all located within the Santa Ana Civic Center. The cameras installed in this phase will connect into the police department's existing network, allowing for first -hand incident prevention, response, and management capability. TECC Training: Tactical Emergency Casualty Care is an on- going, one -day course whereby law enforcement officers from throughout Orange County are trained to render life- saving treatment during an emergency. Military and civilian care research indicates that the actions of first responders in an emergency are critical to increased survival rates for victims of traumatic injuries. The course has the approval of Peace Officer Standards and Training, the State Emergency Medical Authority, and the Local Emergency Medical Authority. At this training, officers are issued an Individual First Aid Kit which contains essential tools necessary to render aid. This course was originally piloted and developed using FY2009 UASI funds, and has become one of the most important and popular Homeland Security courses in the Orange County Operational Area. The equipment associated with each of these programs will be acquired under the contract with Mallory Safety & Supply, using the US Communities Government Purchasing Alliance. Santa Ana City Municipal Code Section 2 -807 (d) authorizes the City to purchase from vendors who have been awarded the same type of purchase contract from any public agency utilizing a competitive bid process. Mallory Safety & Supply Company's contract was awarded for Public Safety and Homeland Security related equipment as a result of open competitive bidding by the 22A -2 Contract Award to Mallory Safety & Supply September 4, 2012 Page 3 County of Fairfax, Virginia, under the US Communities purchasing alliance and meets the City's requirements. The advantages of using the US Communities Government Purchasing Alliance is decreased cost and time savings during the City's purchasing process, as well as an overall increase in project management efficiency. FISCAL IMPACT Funds are available in the FY 2010 UASI Grant fund (no. 12514491 - various & 12514407 - various). Carlos Rojas Acting Chief of Police Police Department OL /EG APPROVED AS TO FUNDS AND ACCOUNTS: IF (\In Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22A -3 22A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2012 TITLE: CONTRACT AWARD FOR SCREEN PRINTED ARTICLES, PROMOTIONAL ITEMS AND SERVICE AWARDS (SPEC. NO. 12 -052) ® I TY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to McVicker and Associates for screen printed articles, promotional items, and service awards for a one -year period in the annual amount not to exceed $55,000. DISCUSSION Screen printed articles, awards and promotional items are purchased for a variety of City - sponsored activities. The Parks, Recreation, and Community Services Agency ( PRCSA) orders screen - printed articles for sports and youth guidance programs, including for basketball and youth commission. The Community Development Agency orders screen printed articles for the grant- funded Summer Youth Employment Program. Promotional items and service awards are required for the PRCSA Volunteer Program, the City's commuter program (which is funded through an Air Quality Management District grant), and the Personnel Services Agency's service awards. The City contracts with approximately five vendors to provide promotional items. All orders are assigned on a per job basis, after competitive bidding. McVicker and Associates is routinely the lowest responsive bidder, therefore, it is not anticipated that the other vendors will exceed the $25,000 annual aggregate limit and require City Council approval of the contract. FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (no. 63001) APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 22B -1 G I REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 2, 2012 TITLE: AGREEMENT FOR FEDERAL GOVERNMENT LIAISON SERVICES WITH THE FERGUSON GROUP OF WASHINGTON, D.C. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO p (�i/[� 1,-a ,9rV2 FILE NUMBER 3� y' le 0/21 Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement for government liaison services with the Ferguson Group for an annual amount not to exceed $75,000. DISCUSSION The Ferguson Group has served as the City's representative in Washington, D.C. since 1987. The service includes the review and monitoring of federal executive proposals and legislation, as well as administrative rules and regulations that may affect the City. The Ferguson Group also assists the City in identifying funding opportunities and grant applications and other special programs for which the City may qualify. In the past year, Ferguson Group secured congressional support on grant applications submitted to the U.S. Department of Labor for a Workforce Innovation Grant and a 1­11- B Bridge to Engineering Grant; the latter was awarded $5 million over five years. The Ferguson Group continues to advocate for City priorities which hav e Ana - Garden Grove Fixed Guideway System; Bristol Street Multimodal Activities /One Stop Job Training Centers, and Obesity Prevention activities. 25A -1 included: The Santa Corridor; Job Training Ferguson Agreement July 2, 2012 Page 2 FISCAL IMPACT Funds are available in the Public Works Administrative Services account (no. 10117601- 62300) and General Fund Legislative Affairs (no. 01104012- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godi z Francisco Gutierrez' Executive 4rector Executive Director Public Works Agency Finance & Mgmt. Services Agency 25A -2 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 6th day of August, 2012 by and between The Ferguson Group, L.L.C. (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 skill and knowledge in the field of providing government liaison services. 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 provide government liaison and lobbying services to the City, as set forth in Exhibit A to this Agreement. COMPENSATION a. City agrees to pay, and Consultant agrees to accept, compensation at the rate of Six - Thousand, Two - hundred, Fifty dollars ($6,250.00) per month for time spent by Consultant in the performance of this Agreement. The total amount payable under this Agreement shall not exceed Seventy -Five Thousand Dollars ($75,000.00) 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, subject to City accounting procedures. 3. TERM This Agreement shall commence on July 1, 2012 and terminate on June 30, 2013, unless terminated earlier in accordance with Section 11, below. 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. 25A -3 Any and all of Consultant's personnel shall be employees or subcontractors of Consultant and not employees of City. 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. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of City, and shall defend, indemnify and save harmless City, its officers and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims resulting from or arising out of the negligent or wrongful acts, errors or omissions of Consultant, its employees or subcontractors. 6. 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. 7. CONFLICT OF INTEREST CLAUSE City acknowledges that Consultant may represent other clients in Washington D. C. during the term of this Agreement. If a potential conflict of interest arises due to this representation, Consultant shall notify the City, in writing, immediately and provide the name and address of each client under contract. 8. REPRESENTATIVES AND NOTICE The City Manager shall be the representative of City for purposes of this Agreement and may execute all consents, approvals, directives, or agreements on behalf of City called for by this Agreement except as otherwise expressly provided in this Agreement. Notice and written communications sent by one party to the other shall be personally delivered or sent by U.S. mail, postage prepaid, to the following addresses: To City: City Manager /Council Support Office 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 25A-4 Telefacsimile 714 - 647 -6954 To Consultant: The Ferguson Group, L.L.C. 1130 Connecticut Avenue, N.W., Suite 300 Washington, D.C. 20036 Telefacsimile 202 - 331 -1598 9. 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 th_s 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. 10. ASSIGNMENT Consultant shall not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City; provided, however, that claims for money due or to become due from City under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of such assignment or transfer shall be promptly furnished to City. 11. TERMINATION This Agreement may be terminated at any time by mutual agreement of the parties hereto or by thirty (30) days written notice by either party to the other. 12. 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. 25A -5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: By: Laura Sheedy Assistant City Attorney H CITY OF SANTA ANA PAUL M. WALTERS City Manager THE FERGUSON GROUP, L.L.C. WILLIAM FERGUSON, JR. Chief Executive Officer 1 EXHIBIT A OBLIGATIONS OF THE FERGUSON GROUP, L.L.C. A. The Ferguson Group will act as a Washington Representative to the City in Washington, D. C. B. The Consultant will confer with the City Manager and such other City personnel as he may designate at the times and places mutually agreed to by the City and the Consultant on all organizational planning and program activity which has a bearing on the ability of the City to utilize federal programs. C. Consultant shall serve as lead advocate on City issues if the City contracts for the services of other Washington representatives. The Ferguson Group shall coordinate such other services. D. Consultant will review federal executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations, and other Washington developments for the purpose of advising the City on those items which may have a bearing on City policy or programs. E. Consultant will secure and furnish such detailed information as may be available on federal issues in which the City indicates an interest. F. At the request of the City Manager, Consultant will review and comment on proposals of the City which are being prepared for submission to federal agencies. G. Consultant will maintain liaison with the City's Congressional delegation and will assist the delegation in any matter which the City determines to be in its best interest in the same manner as any other member of the City's administrative staff might render assistance. H. Consultant will counsel with the City regarding appearance by City personnel before Congressional committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary. I. Consultant will contact federal agencies on the City's behalf when City applications are under consideration by such agencies and otherwise take whatever steps appear to be necessary to obtain the most favorable consideration of such applications. J. In fulfilling responsibilities under this Agreement, the Consultant will act in the name of the City of Santa Ana and with the title Washington Representative to the City Manager. 25A -7 aVlffoe,� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2012 TITLE: AGREEMENT WITH CORRECTIONAL MANAGED CARE MEDICAL CORPORATION FOR INMATE MEDICAL SERVICES c , x� rti CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO Gfp+ 020/2 FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached amendment to the agreement with Correctional Managed Care Medical Corporation to provide inmate medical services in an annual amount not to exceed $1,373,732, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On June 20, 2007, the City issued a Request for Proposals (RFP) for inmate medical services at the Santa Ana Jail. These medical services are required and governed by State law, under the California Department of Corrections Title 15 requirements. The RFP specified on -site medical services 24 hours a day, in addition to a doctor call, for the Santa Ana Jail inmates. Medical staff is required to conduct daily sick calls, dispense medication, as well as to assist in the intake of incoming inmates to access for entrance acceptability. Additional services such as dental care, radiology, ophthalmology, OB /Gyn, psychiatric crisis intervention and emergency medical billing services are also required. Correctional Managed Care Medical Corporation ( CMCMC) was only responsive bidder to the RFP and staff is unaware of any other local vendor who performs this service at other jail facilities. CMCMC has provided inmate medical services for the Jail since its opening continues to provide high - quality services and is responsive to the specifications and City requirements. Staff will be preparing an RFP for these services in 2013 to ensure accountability and openness. FISCAL IMPACT Funds in the amount of $1,144,777 are available in the Police Department Detention Services contracts account (account no. 01114475 62300). Funds in the amount of $228,955 will be included in the FY 2013 -14 budget. Carlos Rojas Deputy Chief Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt Services Agency 25B -1 G I FIFTH AMENDMENT TO AGREEMENT THIS FIFTH AMENDMENT TO AGREEMENT is entered into on this day of , 2012, by and between Correctional Managed Care Medical Corporation, 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 parties entered into that certain Agreement #A- 2007 -193, dated August 20, 2007, (hereinafter "said Agreement ") by which Consultant has provided special skill and knowledge in the field of providing inmate medical services. B. The parties entered into a First Amendment, Second Amendment, Third Amendment and Fourth Amendment, which each renewed the term of said Agreement and approved the maximum obligation to be expended for services during that renewed term. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the term of said Agreement to provide for an additional one -year extension and approve the maximum obligation to be expended for services during that renewed term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fifth Amendment to Agreement, the parties agree as follows: 1. Section 1., TERM, shall be amended for an additional one -year period from August 31, 2012 to August 31, 2013. 2. Section 3a. COMPENSATION, shall be deleted in its entirety and replaced with the following: a. The Total Annual Sum to be expended under this Agreement for staffing, pharmaceutical, supplies and other services shall not exceed $1,373,732 during the renewal term, from August 31, 2012 to August 31, 2013. During that renewal term, the total payments for inmate medical services shall not exceed $1,273,732. An additional amount up to $100,000 shall be available for Additional Services as listed in Section 13 of the RFP and as set forth in Exhibit A to this Fifth Amendment, during the renewal term. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. �1, IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B TeL . Judd Assistant City Atto 25B -4 CITY OF SANTA ANA PAUL M. WALTERS City Manager CORRECTIONAL MANAGED CARE MEDICAL CORPORATION EXHIBIT A COST SUMMARY FORM Total annual cost for inmate medical services. $1,273,732.00 Contract Year: 2012 Breakdown information: Staffing Cost $980,095. Pharmaceutical cost $ 31,500. Supply cost $ 26,250. Other $235,887. Additional Services (Section 13.0) Per unit repair cost for Dentures, Plates & Partials $200.00 Per study cost for mobile x -ray service $85.00 (Including Radiologist interpretation, transcription and delivery) Cost per patient visit for Ophthalmology $150.00 Cost per patient visit for OB /GYN $150.00 Cost per visit for Emergency Psychiatric Crisis $50.00 Intervention & Evaluation Monthly administrative fee for billing services $400.00 PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposal. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. Correctional Managed Care Medical Corporation (714) 528 -5800 Complete Legal Name of Company Phone Number 4211 E. La Palma Avenue Anaheim, California 92807 Business Address City /State Zip Code ignature of — Title Director of 25B -5 Rhoberta Paz Printed Name I � �� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2012 TITLE: AGREEMENTS FOR CONSULTING SERVICES FOR INFORMATION TECHNOLOGY CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve and authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreements for consulting services for information technology with a total compensation of $3,290,000 and extending the term for a one year term or until the funds are expended, subject to non - substantive changes approved by the City Manager and City Attorney with the following vendors: Concorde Consulting, Inc. SoftMaster, Inc. The Comdyn Group, Inc. Telfords DISCUSSION The City emphasis on using technology to achieve innovation and productivity will involve sophisticated and complex technical knowledge. To get these technology skill sets, the City will need to continue to rely on its current strategy of contracting for the services of highly experienced and expert information technology contract personnel. They will bring to bear the latest technologies in support of the City's current and future initiatives. The Information Services Division understands the committed effort in using technology to increase productivity as well as to increase communications with the community. The use of contractors specialized in information technology continues to be an essential approach to the support of City operations. Contract personnel provide software application development and support; business application and project consulting; telecommunications services; and computer and networking services. The use of these services maximizes the effectiveness of staff resources in the Information Services Division (ISD). This approach also ensures the timely completion of City information projects and reduces interruptions to the computer infrastructure system. These agreements provide highly skilled technology contractors who are essential in providing specialized assistance to City departments in the design, development and implementation of 25C -1 Agreements For Consulting Services For Information Technology August 20, 2012 Page 2 the City's information management systems. They support over 1,700 plus City staff users; three each Enterprise client/server -based and web -based business systems; the City's wide area network including the connection to the Internet; ten department local area networks; 210 servers in two data centers (the City Hall data center and the SAPD data center); and 200 managed network switch es/fi rewa I Is/ro ute rs and over 35 high speed data circuits supporting 28 City operating locations. Software applications developed and /or supported by these contractors included the Financial Enterprise Resource Planning System, Santa Ana Property Information Network (SAPIN), the Business License /Tax System, Municipal Utility System, and several other revenue related systems. For the Santa Ana Police Department (SAPD) and Santa Ana Jail (SAJ), contractors support mission - critical systems such as the Computer Aided Dispatch, the Jail Management System, Arrest and Booking system, Inmate Search and Reporting system, Case Management system, Police Intranet system, wireless data communications for 175 patrol vehicles, California Law Enforcement Telecommunication system (CLETS) access, PD and Jail Email system, Evidence wireless systems, Daily Roll -call system, and 100 other systems which are critical to the daily operations of the Police and Jail departments. Homeland Security technologies such as the PD Emergency Department Operations Center (DOC), Web based Emergency Operations Center (WebEOC), and Mobile Command Post network systems are supported and maintained by technical contractors. Contractors also help support 3 additional PD substations by managing network systems which provide 185 field officers and investigators access to systems located at the main station. SAPD is using several of technology contractors to enhance the Police field reporting system under grant funding. Additionally, technical contracts are instrumental in the implementation of new technologies such as In -Field Fingerprint systems, Jail Management System, Video Surveillance, License Plate Reader Wireless Access, and more into the organization. Additionally, under a cost reimbursement basis, technical contractors engineered, developed, maintain, and hosts the County -wide network and computing environment for Coplink, which is the Integrated Law & Justice Agency for Orange County (ILJAOC) web -based information sharing and crime analysis system that connects all 27 of Orange County's public law enforcements agencies with 12 other law enforcement agencies throughout southern California, southwest and pacific northwest regions. Without these dedicated and talented professionals, the City information technology infrastructure and operating systems could not function. A Request for Proposal (RFP) for Temporary Technical Contract Service and Consulting Services was issued by the Information Services Division in March 2007. Twelve proposals were evaluated and the top four vendors were identified. On June 18, 2007, Council approved agreements with these four vendors for a one -year period, with the option of four renewal terms. Under these agreements, contractors in various technology specialties are engaged on an as needed basis to support City business operations. These engagements differ greatly in duration which results in a varying rate and use of the approved funding. In December 2010, Council 25C -2 Agreements For Consulting Services For Information Technology August 20, 2012 Page 3 approved an amendment to the agreements by which the term was recognized as the duration until approved funds were fully expended and appropriated $3,290,000 to pay for additional services provided under the agreements. Staff estimates these funds will provide services through August 2012, at which time the additional funding will be added to the contract to continue services. Over the term of these agreements, contractors have directly contributed to the implementation of over 15 new or enhanced City business systems. The support workload related to these new systems is being achieved through the use of enhanced technologies driven by the contractors. FISCAL IMPACT Funds are available in various Technology Plan, Other Contractual Services accounts (accounts 10910141 -62300 10910142- 62300, 10910143- 62300, 10910144- 62300, 10910147- 62300, 01114425- 62300, 08209054 - 62300, 08009051 - 62300, 14018760- 62300, 67018843-62300- 13800001001 -3090, 02518820- 62300 - 13900101001- 3090). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez A Executive Director Finance /Management Services Agency 25C -3 25C -4 FOURTH AMENDMENT TO AGREEMENT T THIS FOURTH AMENDMENT TO AGREEMENT, is entered into on August 20, 2012, by and between CONCORDE 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 parties entered into Agreement # A- 2007 -144, dated June 18, 2007, (hereinafter "said Agreement ") by which Consultant has provided temporary technical personnel to assist the City's Information Technology department with various projects and on a consulting basis. B. The parties executed Amendments dated October 6, 2008, September 8, 2009, and December 20, 2010, by which the term was extended and compensation added to pay for services during the extended term. C. In accordance with the terms and conditions of said Agreement, the parties wish to again extend the term of said Agreement by providing compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fourth Amendment to Agreement, the parties agree as follows: Section 3, TERM, shall be deleted in its entirety and replaced with the following: "The term of said Agreement shall commence July 1, 2007 and terminate on expenditure of allocated funds, unless earlier terminated in accordance with Section 13, below." 2. Section 4, "COMPENSATION ", shall be amended to increase total compensation by $3,290,000.00, to pay for additional services provided during the extended term of said Agreement. Said total compensation shall be allocated among all Consultants selected by the City, at the City's sole discretion. 3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. 25C -5 IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS City Manager CONCORDE CONSULTING, INC. (NAME) (Title) 25C -6 25C -7 FOURTH AMENDMENT TO AGREEMENT T THIS FOURTH AMENDMENT TO AGREEMENT, is entered into on August 20, 2012, by and between SOFTMASTER, 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 parties entered into Agreement # A- 2007 -145, dated June 18, 2007, (hereinafter "said Agreement ") by which Consultant has provided temporary technical personnel to assist the City's Information Technology department with various projects and on a consulting basis. B. The parties executed Amendments dated October 6, 2008, September 8, 2009, and December 20, 2010, by which the term was extended and compensation added to pay for services during the extended term. C. In accordance with the terms and conditions of said Agreement, the parties wish to again extend the term of said Agreement by providing compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fourth Amendment to Agreement, the parties agree as follows: D% 1. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "The term of said Agreement shall commence July 1, 2007 and terminate on expenditure of allocated funds, unless earlier terminated in accordance with Section 13, below." 2. Section 4, "COMPENSATION ", shall be amended to increase total compensation by $3,290,000.00, to pay for additional services provided during the extended term cif said Agreement. Said total compensation shall be allocated among all Consultants selected by the City, at the City's sole discretion. 3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. 25C -8 IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS City Manager SOFTMASTER, INC. (NAME) (Title) 25C -9 25C -10 FOURTH AMENDMENT TO AGREEMENT T THIS FOURTH AMENDMENT TO AGREEMENT, is entered into on August 20, 2012, by and between THE COMDYN GROUP, 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 parties entered into Agreement # A- 2007 -147, dated June 18, 2007, (hereinafter "said Agreement ") by which Consultant has provided temporary technical personnel to assist the City's Information Technology department with various projects and on a consulting basis. B. The parties executed Amendments dated October 6, 2008, September 8, 2009, and December 20, 2010, by which the term was extended and compensation added to pay for services during the extended term. C. In accordance with the terms and conditions of said Agreement, the parties wish to again extend the term of said Agreement by providing compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fourth Amendment to Agreement, the parties agree as follows: /// /// 1. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "The term of said Agreement shall commence July 1, 2007 and terminate on expenditure of allocated funds, unless earlier terminated in accordance with Section 13, below." 2. Section 4, "COMPENSATION ", shall be amended to increase total compensation by $3,290,000.00, to pay for additional services provided during the extended term of said Agreement. Said total compensation shall be allocated among all Consultants selected by the City, at the City's sole discretion. 3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. 25C -11 IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS City Manager THE COMDYN GROUP (NAME) (Title) 25C -12 FOURTH AMENDMENT TO AGREEMENT T THIS FOURTH AMENDMENT TO AGREEMENT, is entered into on August 20, 2012, by and between TELFORDS, a partnership (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 parties entered into Agreement # A- 2007 -146, dated June 18, 2007, (hereinafter "said Agreement ") by which Consultant has provided temporary technical personnel to assist the City's Information Technology department with various projects and on a consulting basis. B. The parties executed Amendments dated October 6, 2008, September 8, 2009, and December 20, 2010, by which the term was extended and compensation added to pay for services during the extended term. C. In accordance with the terms and conditions of said Agreement, the parties wish to again extend the term of said Agreement by providing compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fourth Amendment to Agreement, the parties agree as follows: 1. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "The term of said Agreement shall commence July 1, 2007 and terminate on expenditure of allocated funds, unless earlier terminated in accordance with Section 13, below." 2. Section 4, "COMPENSATION ", shall be amended to increase total compensation by $3,290,000.00, to pay for additional services provided during the extended term of said Agreement. Said total compensation shall be allocated among all Consultants selected by the City, at the City's sole discretion. 3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. 25C -13 IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS City Manager TELFORDS (NAME) (Title) 25C -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2012 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AGREEMENT WITH WILLDAN HOMELAND ❑ As Recommended SOLUTIONS FOR GRANT MANAGEMENT ❑ As Amended SERVICES El Ordinance on 1st Reading ❑ Ordinance on 2nd Reading (UASI FUNDED) ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER P CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and the Clerk of the Council to execute an agreement for on -site grant management services with Willdan Homeland Solutions in an annual amount not to exceed $125,000 with the option to exercise two, one -year extensions, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The United States Department of Homeland Security (DHS) has developed the Urban Areas Security Initiative (UASI) funding program. UASI provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond to, and recover from acts of terrorism. The grant specifically provides funding for anti - terror equipment, planning, training, exercises and technical assistance. Under the UASI funding program the City of Santa Ana has been designated as an Urban Area Core City and serves as the grant recipient responsible for the management and administration of the grant funds. The city of Santa Ana was awarded funds under the UASI grant program in FY2004, FY2005, FY2007, FY2009, and FY2011. The city of Anaheim also serves as a Urban Area Core City under the UASI grant program and has provided grant funds to the city of Santa Ana in FY2006, FY2008, FY2010, and FY2012. The city of Santa Ana has also been designated by the California Emergency Management Agency (Cal -EMA) to serve as the recipient and fiscal agent for several additional grants including the Public Safety Interoperable Communications (PSIC) grant program in FY2007 and the Interoperable Emergency Communications Grant Program ( IECGP) in FY2008, FY2009 and FY2010. These grant programs have been managed by the Homeland Security Division of the Santa Ana Police Department. Beginning in 2010 as part of the IECGP grant program, grant management services have been provided by Willdan Homeland Solutions through an agreement with GTSI Corp, who was contracted by the City of Santa Ana to provide planning, training, and exercises for the 11 operational areas located in Southern California. 25D -1 Grant Management Services September 4, 2012 Page 2 The on -site grant management services provided by Willdan Homeland Solutions include, but are not limited to, assisting with the development of grant applications, ensuring grant finances are processed appropriately and in compliance with established Federal, State, and local polices, as well as maintaining and updating UASI sub - recipient guidelines and policies, to include new laws, rules, and requirements issued by DHS and Cal -EMA. The staff member provided by Willdan Homeland Solutions has developed the special skills and knowledge needed to effectively manage the homeland security grants awarded to the City of Santa Ana. The Santa Ana Police Department Homeland Security Division is satisfied with the grant management services provided by Willdan Homeland Solutions and wishes to continue using these services. The grant management services rate proposed by Willdan Homeland Solutions was determined to be reasonable, fair, and well within the range expected for such services. FISCAL IMPACT Funds are available in the following UASI Grant Fund accounts (no. 12514491 - 62300, Activity 11427001184, Account 3498 and no. 12514407 - 62300, Activity 12427001184, Account 3498). Carlos Rojas Acting Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgt. Services Agency 25D -2 AGREEMENT TO PROVIDE GRANT MANAGEMENT SERVICES THIS AGREEMENT, made and entered into this 4th day of September, 2012 by and between WILLDAN HOMELAND SOLUTIONS, 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. City, acting through the Santa Ana Police Department in its capacity as a Core City and lead agency for the Anaheim / Santa Ana Urban Area under the Urban Areas Security Initiative ( "UASI "), has applied for, received and accepted a grant from the federal Department of Homeland Security, Office of Domestic Preparedness, through the State of California, Office of Homeland Security, to enhance countywide emergency preparedness, hereinafter referred to as "the Grant ". B. The City desires to contract with an expert in providing grant management services. C. Consultant represents that it has the necessary skills and experience to provide assistance in developing grant applications, invoicing and processing payment documents in compliance with grant policies, and maintaining guidelines and polices required by grant providers. D. 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: SCOPE OF SERVICES Consultant shall provide grant management services as set forth in Exhibit A, attached hereto and incorporated by this reference. All services required hereunder shall conform in all respects to standards and regulations for funding by the U.S. Department of Homeland Security, and the California Emergency Management Agency. Consultant will be responsible for continued training to remain current on the management and reporting obligations required of the various Homeland Security Grant funds. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services and hourly rate of $50.34. Additionally, Consultant shall be reimbursed for training and travel which has been pre- approved, in writing, by City. The total sum to be expended under this Agreement shall not exceed $125,000, 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, subject to City accounting procedures. Payment need not be 25D -3 made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals that may reasonably be expected by City. 3. USE AND OWNERSHIP OF DOCUMENTS It is understood by and agreed to between the parties that all written papers or materials prepared pursuant to this Agreement, paid for with Grant funds, or composed utilizing information provided by Santa Ana, shall be the property of Santa Ana and shall be delivered to Santa Ana upon completion of the services hereunder. 4. TERM This Agreement shall commence on the date first written above and terminate on August 31, 2013, unless terminated earlier pursuant to Section 13, below. The terms and conditions of this Agreement may be extended for up to two additional one -year periods on the written agreement of the parties. 5. 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. 6. 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 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 and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 25D -4 b. 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 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. c. 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 canceled without thirty (30) days prior written notice to the City. Ten (10) days notice if cancellation is due to non - payment of premium. d. 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. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, and special counsel from liability for personal injury, or just compensation, arising out of claims for personal injury, including death, and claims for property damage, to the extent they arise from the negligent or willful misconduct in the performance of operations or errors or omissions 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. 8. 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. 25D -5 9. 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. 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 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: Santa Ana Police Department UASI / Homeland Security Division 60 Civic Center Plaza P.O. Box 1981 (M -97) Santa Ana, California 92702 Telefacsimile (714) 245 -8745 Attn: Brian Sheldon and 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 Consultant: Jim Bailey Willdan Homeland Solutions 2401 East Katella Avenue, Suite 220 Anaheim, California 92806 telefacsimile (714) 940 -4930 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 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, that 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. 12. 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 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. 13. 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 that fails to meet the standard of performance specified in the Recitals of this Agreement. 14. 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. 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 25D -7 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 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 Ma and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. CONSULTANT CERTIFICATIONS a. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, the grant agency and /or their duly authorized representatives for a period of three (3) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Consultant shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Consultant, upon request during usual working hours. b. Consultant shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. C. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Consultant agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. d. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. e. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act ". f.. Civil Rights Compliance and Notification of Findings - Consultant will comply, and all its contractors (or subrecipients) will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights At of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Consultant makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Consultant will forward a copy of the findings to the City which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. g. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. h. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. i. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. j. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. k. Consultant will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable. 1. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L. 94- 163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. m. Consultant agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below 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 ul 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: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney 25D -10 CITY OF SANTA ANA, a municipal Corporation of the State of California PAUL M. WALTERS City Manager WILLDAN HOMELAND SOLUTIONS JIM BAILEY Vice President EXHIBIT A SCOPE OF SERVICES GRANT FISCAL COORDINATOR Reporting Relationships /Supervision Reports to the UASI Grant Coordinator and Administrator. Works in close coordination with Project Coordinators, Sub - Recipients, City Finance, and the California Emergency Management Agency. Liaison to the UASI Working Group (UAWG), UASI Steering Committee, and UAWG Sub - Committees. Basic Function The Grant Fiscal Coordinator plans, organizes, manages, and directs financial and administrative activities. Ensures grant finances are in compliance, submits cash advances /requests in a timely manner, tracks expenditures and budgets, processes sub - recipient reimbursement requests, and manages detailed recordkeeping. Responsibilities City Financial Procedures: • Upon receipt of grant award information, complete appropriation adjustment for attachment to the request for council approval, in order for new grant account number creation and budget allocations per object code. • Complete Lawson entry of Projects and Activities, in order to create budget allocations by project, and create Activity numbers that identify project and solution area as an accounting mechanism. • Process purchase orders and attach supporting documentation, such as invoices and packing slips, provide accounting information and grant to be charged, create reimbursement packet, and send to City Finance for vendor payment. • Process incoming invoices for contract vendors, attach supporting documentation, for creation of direct payment vouchers, create reimbursement packet, and send to Police Fiscal for payment. • Process sub - recipient reimbursement packets to check for required financial paperwork and completion, process sub - recipient invoices, create reimbursement packet, and send to Police Fiscal for payment. • Turn in bi- monthly timesheets for grant personnel, collect overtime chits, and turn into Police Fiscal for posting. Review monthly labor distribution reports, attaching appropriate timesheets, chits, and use P2K Payroll program to printout additional information as required. • Complete budget projections for each open Homeland Security Grant, including approved positions, and send completed budget to Police Fiscal for inclusion into the City Budget for each new fiscal year. • Upon close of grant, complete reconciliation of City General Ledger and all grant cash requests, completing necessary journal voucher to balance discrepancies. • Provide analytical support for project managers, grant manager, and grant administrator as needed. 25D -11 California Emergency Management Agency Procedures: • Ensure financial compliance with the grant and any financial directives set forth by the California Emergency Management Agency (previously the Office of Homeland Security) and the Department of Homeland Security. Liaison with local, state and federal agencies regarding financial matters related to the administration of the Homeland Security Grants. • Assist and complete grant applications and grant modification requests via the California Emergency Management Agency workbook, confirming modifications to the internal project matrix, training and exercise rosters, approved project applications, and project descriptions are reflected in the workbook. • Complete grant cash requests and advances using the workbook, from compiled reimbursement packets, training packets, equipment ledger, and City General Ledger via LAWSON. Request City invoice, attach workbook, and send to the California Emergency Management Agency for reimbursement. • Once checks have been received from the State, add a copy to the cash request files, attach pertinent City invoice, and deliver to Treasury for deposit. • Work with City Accountant to calculate interest earned on cash advances, tracking vendor /sub- recipient payment, compared to advance check deposit date. Request check to the Federal Department of Health and Human Services, for all interest earned on grant advances. • Maintain an updated database of all financial points of contact and conduct periodic on -site financial monitoring of Homeland Security Grant sub - recipients. • Assist in financial and budgetary analysis of General Ledger, Project and Activity Report, Labor Distribution Report, and Revenue Ledger report. UASI Grant Office Procedures • Attend Urban Area Security Initiative Working Group and Steering Committee meetings as the financial point of contact. • Update and revise Urban Areas Security Initiative Sub - Recipient Guidelines and Policies, to include new laws, rules, and requirements from DHS and Cal -EMA, as well as updated Grant Office procedures for project managers and sub - recipients. • Update any Anaheim / Santa Ana UASI forms with each new grant year, including reimbursement forms, project applications, project modifications, monitoring forms, training forms, reporting forms, and others. • Keep in constant communication with grant project managers to ensure appropriate federal, state, and local requirements are being met and they meet grant deadlines. • Send out reminders when the Quarterly Project Status Reports are due, review for completeness, and forward to the appropriate office staff for review. Knowledge, Skills, and Abilities Knowledge of grant financial management requirements, and ability to read through the applicable code of federal regulations, OMB circulars, Environmental & Historic Preservation requirements, Cal -EMA Strategic Goals & Objectives, DHS Target Capabilities List (TCL), Procurement and Purchasing Policies, and Travel Policies, for the Urban Area Security Initiative (UASI) grants, Public Safety Interoperable Communications (PSIC) grant, Homeland Security Grant Program (HSGP), and the 25D -12 Interoperable Emergency Communications Grant Program (IECGP). Ability to maintain good working relationships with all stakeholders within the UASI, state or outside agencies, other team members, staff and the community based stakeholders. Knowledge and ability to use LAWSON Financial Management System Software, P2K Payroll System Software, the Federal Grant Reporting Tool, and Microsoft programs such as Word, Excel, Outlook, PowerPoint, Publisher, and the Wisetrack Inventory System. Knowledge of municipal government operations, City financial accounting techniques, procurement, budgetary processes and controls. Advanced verbal and written communication skills. Ability to solve problems. Above average political acumen. 25D -13 25D -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2012 TITLE: AGREEMENT WITH ORANGE COUNTY FLOOD CONTROL DISTRICT FOR OPERATION & MAINTENANCE OF PROPERTIES LEASED BY THE CITY OF SANTA ANA CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute agreement with the Orange County Flood Control District for operation and maintenance of properties leased by the City of Santa Ana for bike trails and rest areas along the Santa Ana River and Flood Control Channels, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana approved the Santa Ana River Vision Plan on August 7, 2006 and has leased properties from the County of Orange to construct parks, bicycle rest areas and landscaping to enhance the open space along the river. In addition, the City has leased County Flood Control properties in flood channels to construct Class I Bike Trails and has plans to develop additional trail systems and rest stops on County property. These properties were leased at different times under different types of maintenance agreements or permits. The County is requesting a master maintenance agreement be approved for all the properties that will also be used for future properties the City may be leasing from the County for bikeway and landscape improvements. Approval of this agreement will not significantly change the current maintenance obligation the city has with the county on the leased properties. ENVIRONMENTAL IMPACT Environmental Review #ER- 2012 -32 has been completed and Notice of Exemption has been filed pursuant to the California Environmental Quality Act. 25E -1 RFCA — Agmt with OC Flood Control District September 4, 2012 Page 2 of 2 FISCAL IMPACT There is no fiscal impact associated with this action. TC•7 itive Direlst� Rec. and Com. Svcs. Agency 25E -2 Agreement No. D12 -015 Bikeways and Trails in the City of Santa Ana AGREEMENT This AGREEMENT, hereinafter referred to as "AGREEMENT ", for the purposes of identification hereby number D12 -015 and dated day of 2012, is BY and BETWEEN The ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, hereinafter referred to as "DISTRICT ", and The CITY OF SANTA ANA, a charter city, hereinafter referred to as "CITY," which are sometimes individually referred to as "PARTY," or collectively referred to as "PARTIES." RECITALS WHEREAS, CITY approved the Santa Ana River Vision Plan on August 7, 2006 which is shown on Exhibit A, hereinafter referred to as "PLAN ", indicating proposed bikeways and trails along and adjacent to the Santa Ana River within CITY boundaries; WHEREAS, CITY is seeking funding opportunities to implement those trails in order to provide increased opportunities for outdoor recreation and non - vehicular transportation for the general public; WHEREAS, CITY also desires to construct bikeway and trail improvements within or adjacent to other DISTRICT right of way within City boundaries; WHEREAS, CITY completed the construction of a bikeway adjacent to DISTRICT's Santa Ana- Delhi Channel (F01) within DISTRICT right of way from Railroad to McArthur Blvd, shown on Exhibit B, in 2010 per Orange County Property Encroachment Permit No. 2008 - 00750; WHEREAS, CITY agreed to hold DISTRICT harmless for CITY's use of bikeway and agreed to be responsible, at its own expense, for the operation and maintenance of the bikeway per Orange County Property Encroachment Permit No. 2008 - 00750; WHEREAS, CITY and DISTRICT entered into a Lease Agreement on September 28, 2010 whereby CITY leased Parcels R1551 and R1553 which is Edna Park, and Parcel R1552 shown on Exhibit C from DISTRICT for the use of the surface as a non - revenue generating public park facility; -2�f3- Agreement No. D12 -015 Bikeways and Trails in the City of Santa Ana ARTICLE 1 DESCRIPTION OF PREMISES 1.1. CITY shall be allowed to use DISTRICT's right of way as generally shown on Exhibit D, which includes DISTRICT's right of way shown on Exhibit A, B, and C and any possible future portions of DISTRICT's right of way, in accordance with the terms and conditions of this AGREEMENT. These portions of DISTRICT's right of way shall be referred to hereinafter as the "PREMISES ". 1.2. DISTRICT reserves the right in its sole and absolute discretion to amend PREMISES shown on Exhibit D as needed in the future. ARTICLE 2 CONSIDERATION 2.1. CITY shall be permitted use of the PREMISES at no cost to CITY when RECREATION IMPROVEMENTS will be combined with DISTRICT's maintenance roads. CITY shall be permitted use of the PREMISES per lease agreements in any other situation. CITY agrees, however, that DISTRICT shall have no financial obligation to contribute to the design, construction, removal, relocation, reconstruction, and /or maintenance of any RECREATION IMPROVEMENTS within the PREMISES. Any activity within DISTRICT's right -of -way must be through County Property Permit process. 2.2. CITY shall be responsible for continuing the operation and maintenance of the RECREATION IMPROVEMENTS within DISTRICT right of way during the term of this AGREEMENT as defined in Article 6 below. -Z§F Agreement No. D12 -015 Bikeways and Trails in the City of Santa Ana property arising out of any rerouting of any pedestrian /bikeway and /or trail caused by the relocation of the RECREATION IMPROVEMENTS. DISTRICT shall provide CITY with at least one working day notice of the need to temporarily close a RECREATION IMPROVEMENT to allow DISTRICT to work on PREMISES unless emergency conditions require immediate action by DISTRICT in which case CITY shall be notified within a reasonable period of time. 4.3. NO RELOCATION OBLIGATION CITY agrees that DISTRICT shall not under any circumstance be obligated to provide or locate for CITY a replacement site for CITY's RECREATION IMPROVEMENT or operations in the event this agreement is terminated or PREMISES is reduced or otherwise modified as discussed in this agreement. 4.4. EMERGENCY RESTRICTIONS ON USE CITY agrees that DIRECTOR may temporarily suspend public use of PREMISES if DIRECTOR determines, in DIRECTOR's sole and absolute discretion that emergency conditions exist such that use of PREMISES by the general public present a risk to the general public's health, safety or welfare. DISTRICT shall notify CITY as soon as practicable of the emergency. ARTICLE 5 PROHIBITED USES 5.1. MOTORIZED VEHICLES CITY shall not allow any non - DISTRICT or non -CITY motorized vehicles, except private maintenance vehicles specifically authorized under contract with CITY, to operate within the PREMISES. 5.2. HAZARDOUS MATERIALS CITY shall not cause or permit any "HAZARDOUS MATERIAL" as hereinafter defined, to be brought upon, kept, or used in or about the PREMISES. CITY shall promptly take all action, at its - z §ETA- Agreement No. D12 -015 Bikeways and Trails in the City of Santa Ana ARTICLE 7 TERMINATION 7.1. TERMINATION BY DISTRICT CITY acknowledges that the primary purpose of the PREMISES is for flood control purposes. CITY agrees that DISTRICT may terminate this AGREEMENT without liability if DISTRICT determines in its sole and absolute discretion that PREMISES are needed to reconstruct, modify, repair, expand, improve or enlarge DISTRICT's facilities and the RECREATION IMPROVEMENTS cannot be relocated so as not to interfere with DISTRICT's reconstructed, modified, repaired, expanded, improved or enlarged facilities. If RECREATION IMPROVEMENTS can be relocated without interfering with DISTRICT's reconstructed, modified, repaired, expanded, improved or enlarged facilities, CITY may relocate the RECREATION IMPROVEMENTS to a location approved in advance in writing by DISTRICT within ninety (90) days of being notified by DISTRICT. CITY shall be solely responsible for all costs and expenses related to or arising from relocating the RECREATION IMPROVEMENTS, including but not limited to, the rerouting of any pedestrian /bikeway and /or trail caused by the relocation of the RECREATION IMPROVEMENTS. DISTRICT shall notify CITY of its intention to terminate the AGREEMENT pursuant to this section by giving CITY ninety (90) days written notice. 7.2. TERMINATION BY CITY CITY may terminate this AGREEMENT by giving DISTRICT ninety (90) days written notice. In the event of such termination by CITY, CITY shall remove any improvements that it has placed on the PREMISES if requested by DISTRICT and restore the PREMISES to the condition that existed prior to this AGREEMENT. This obligation to restore the PREMISES shall survive the termination of this AGREEMENT. - M��of 73 - Agreement No. D12 -015 Bikeways and Trails in the City of Santa Ana DISTRICT's facilities; (3) where the design shall be based on established criteria and standards and all other applicable rules and regulations governing the design and construction of this type of bike trails. Approval of the plans and specifications of RECREATION IMPROVEMENTS shall be within DIRECTOR's sole and absolute discretion. CITY acknowledges, however, that the design of RECREATION IMPROVEMENTS was /will not be prepared by DISTRICT and that DISTRICT's approval of the plans and specifications shall not be deemed the approval of RECREATION IMPROVEMENTS safety, suitability for the bike trail purpose or any other purpose, or compliance with the engineering requirements of any governmental agency or regulation. Consequently, CITY agrees that CITY is solely and absolutely responsible for design, construction and operation of RECREATION IMPROVEMENTS. Said plans and specifications shall be submitted by CITY for DISTRICT's review via an encroachment permit application through OC Public Works' County Property Permits section and shall be subject to applicable permit and inspection fees. 8.3. OTHER APPROVALS FOR RECREATION IMPROVEMENTS CITY shall be responsible at its sole cost and expense to secure and comply with any other approvals required to construct, operate and /or maintain its RECREATION IMPROVEMENTS. DISTRICT is not responsible for obtaining any such approvals nor shall DISTRICT be named as co- applicant in any regulatory agreement or permit applications. CITY and DISTRICT mutually agree that DISTRICT, as the property owner /easement holder, authorizes CITY to serve as the Legally Responsible Person (LRP) defined by the Construction General Permit (CGP), Order No. 2010 - 0014 -DWQ for CITY's RECREATION IMPROVEMENTS on PREMISES. CITY shall be responsible, at its sole cost and expense, to comply with all requirements by the State Water Resources Control Board. CITY shall be responsible to satisfy all the requirements of any such agreements and /or permits and satisfy any conditions imposed by any regulatory agency for the issuance of any such approvals. CITY shall not agree to any conditions that impose any obligations on DISTRICT. - Z��b—f 73 - Agreement No. D12 -015 Bikeways and Trails in the City of Santa Ana property related to Contractor's, its subcontractor's, their employee, agents or invitees activities on, within, upon, under or over PREMISES unless such injury or damage is caused by the sole negligence or willful misconduct of DISTRICT, COUNTY or the DISTRICT /COUNTY INDEMNITEES; (c) Provide DIRECTOR with a copy of its Notice of Intent to comply with the National Pollutant Discharge Elimination System (hereinafter referred to as "NPDES ") permit covering construction activities and to fully comply with the requirements of that NPDES permit. Contractor shall also be required to comply with the requirements of the Drainage Area Management Plan, Local Implementation Plan as specified in Article 13 (Stormwater Regulations) of this AGREEMENT for activities to be conducted by the contractor and its subcontractors on PREMISES; (d) No construction materials are to be stored in such a way as to impede and /or interfere with any bikeway use, channel inspection or maintenance operations. Any DISTRICT improvements disturbed, damaged, vandalized or removed as a result of CITY's construction activities within, upon, under or over PREMISES shall be repaired, restored or replaced at CITY's expense in conformance with OC Public Works Standard Plans and to the satisfaction of the DIRECTOR within sixty (60) calendar days of the issuance of written notice by DIRECTOR. If CITY and /or its contractor fail to repair, restore or replace DISTRICT's improvements within sixty (60) calendar days, DIRECTOR may, in his sole and absolute discretion, cause the repair, restoration or replacement of DISTRICT's improvements to be completed by DISTRICT personnel or DISTRICT contractors and CITY shall be solely responsible for these costs and expenses. CITY agrees that in an emergency situation which threatens the public's health, safety or welfare as determined by DIRECTOR in his sole and absolute discretion, DIRECTOR shall be permitted to cause the repair, replacement or restoration of DISTRICT's improvements without prior notice to CITY and CITY shall be solely responsible - 9§�A3 - Agreement No. D12 -015 Bikeways and Trails in the City of Santa Ana determine whether it is in CITY's best interest to replace, repair, restore, or remove such RECREATION IMPROVEMENTS. CITY shall be responsible for replacing, repairing, restoring or removing RECREATION IMPROVEMENTS to the satisfaction of DIRECTOR solely at CITY's cost and expense. 8.7. FENCING AND SITE SECURITY Security of the RECREATION IMPROVEMENTS shall be CITY's responsibility and at CITY's expense. CITY shall develop a plan to assure that DISTRICT's adjoining flood control facility is not accessible to the public using the RECREATION IMPROVEMENTS on PREMISES but is accessible to DISTRICT personnel from PREMISES (hereinafter referred to as "SECURITY /ACCESS PLAN "). This SECURITY /ACCESS PLAN shall show the placement of all fencing securing the PREMISES, including any proposed fencing located along the property line. This SECURITY /ACCESS PLAN shall also include the placement of any proposed gates as well as information concerning whether the proposed gates will be left open and if so when they will be open. This SECURITY /ACCESS PLAN shall be developed during the encroachment permit process for each of the RECREATION IMPROVEMENTS, reviewed, and approved prior to issuance of permit. For any masonry /block wall that is located all or in part on private property outside of the PREMISES, CITY shall be solely responsible for obtaining the necessary right -of- way and for maintaining the portion of the masonry /block wall fencing the PREMISES at its sole cost and expense during the term of this AGREEMENT. If the private property owner refuses to allow CITY on its private property to perform any necessary repairs on the masonry /block wall, and the masonry /block wall presents a hazard to persons using the RECREATION IMPROVEMENTS, CITY shall at its sole cost and expense install other fencing on PREMISES to secure PREMISES. This replacement fencing shall meet the DIRECTOR's written approval and be designed and constructed at no cost to DISTRICT. - 2§U3 - Agreement No. D12 -015 Bikeways and Trails in the City of Santa Ana from any and all claims, losses, or liability, arising from alleged injury or damage to persons or property arising out of: (a) breach of the terms and conditions of this AGREEMENT by CITY, (b) the willful misconduct or negligent acts or omissions of CITY in connection with this AGREEMENT, (c) the material or other items used or employed in performing construction work, (d) injury to or death of any person or persons (either workman, employees of CITY or its contractors, subcontractors or the public) or damage to adjacent or other property caused by the performance of construction work being performed to construct RECREATION IMPROVEMENTS on PREMISES, or (e) arising from use by any person or persons of RECREATION IMPROVEMENTS on PREMISES, or (f) CITY's operation and maintenance activities on PREMISES, or (g) the design of RECREATION IMPROVEMENTS on PREMISES. Nothing contained in this section shall operate to relieve DISTRICT and /or the DISTRICT /COUNTY INDEMNITEES from any loss, injury, liability, damages, claims, costs or expenses to the extent determined by a court of competent jurisdiction to have been proximately caused by the willful misconduct or negligent acts or omissions of DISTRICT and /or the DISTRICT /COUNTY INDEMNITEES or any of them. The indemnity obligations created by this section as well as any other indemnity obligations created by this AGREEMENT shall survive the termination of this AGREEMENT, to the extent that a claim is based on an event which occurred prior to termination. 9.2. INSURANCE During the term of this AGREEMENT CITY shall maintain insurance or self- insurance and cause its contractors to maintain insurance in accordance with the insurance requirements set forth in Exhibit E. - A§ � Ap- Agreement No. D12 -015 Bikeways and Trails in the City of Santa Ana City of Santa Ana Parks, Recreation and Community Services Agency ATTN: Executive Director, Parks, Recreation and Community Service Agency 26 Civic Center Plaza Santa Ana, CA 92702 (714) 571- 4204(phone); (714) 571 -4221 (fax) ORANGE COUNTY FLOOD CONTROL DISTRICT Director of Orange County Public Works P.O. Box 4048 Santa Ana, CA 92702 -4048 (City of Santa Ana- RECREATION IMPROVEMENTS) 11.2. FORM AND TIMING OF NOTICE All notices shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, or be sent by overnight courier and shall be deemed received upon the earlier of: (a) If personally delivered, the date of delivery to the address of the person to receive such notice; (b) If mailed, three (3) business days after the date of posting by the United States Post Office; or (c) If sent by overnight courier, when delivered. 11.3. CHANGES OF PERSON TO RECEIVE NOTICE Either PARTY may change the person or official to receive notice by sending a written notice of that change to the other PARTY. ARTICLE 12 ACCESS To DISTRICT'S CHANNEL 12.1. CITY LOCKS CITY shall be allowed to install a CITY lock on DISTRICT's gates if required for access to the RECREATION IMPROVEMENTS, provided CITY ensures that DISTRICT retains its ability to access its facilities. - p2§ F ofjj- Agreement No. D12 -015 Bikeways and Trails in the City of Santa Ana Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry- weather urban runoff, stormwater runoff, and receiving water quality. CITY shall review and assure that its contractors working on PREMISES review the applicable Model Maintenance Procedures contained in the DAMP /LIP. Activities performed on the PREMISES under this AGREEMENT shall conform to the requirements of the Stormwater Permits, the DAMP /LIP, and the Model Maintenance Procedures, as they exist at the time this AGREEMENT commences and as Stormwater Permits, the DAMP /LIP, and /or the Model Maintenance Procedures are modified throughout the term of this AGREEMENT. The BMP's applicable to uses authorized under this AGREEMENT must be performed as described within all applicable Model Maintenance Procedures. CITY shall fully understand the Model Maintenance Procedures applicable to operations conducted on the PREMISES prior to conducting them. CITY and /or its contractors may propose alternative BMPs that meet or exceed the pollution prevention performance of the Model Maintenance Procedures. Any such alternative BMPs shall be submitted to DIRECTOR for his review and written approval prior to implementation. CITY acknowledges it may be required in the future by a regulatory agency such as the RWQCB to implement a self - evaluation program to demonstrate compliance with the requirements of this article. ARTICLE 14 EXHIBITS 14.1. EXHIBITS This AGREEMENT incorporates by this reference, the following exhibits, which are attached hereto and incorporated herein: Exhibit A -- Santa Ana River Vision Plan Exhibit B — Existing Bikeway along Santa Ana -Delhi Channel - 2AE -6162 Agreement No. D12 -015 Bikeways and Trails in the City of Santa Ana waiver of any remedy for the subsequent breach or default of any term, covenant or condition of this AGREEMENT. 15.6. SEVERABILITY If any part of this AGREEMENT is held, determined or adjudicated to be illegal, void or unenforceable by a court of competent jurisdiction, the remainder of this AGREEMENT shall be given effect to the fullest extent reasonably possible. 15.7. AUTHORITY The PARTIES to this AGREEMENT represent and warrant that this AGREEMENT has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms. 15.8. CONSTRUCTION The PARTIES acknowledge that the PARTIES and their counsel have reviewed and revised this AGREEMENT and that the normal rule of construction - to the effect that any ambiguities are to be resolved against the drafting PARTY - shall not be employed in the interpretation of this AGREEMENT or any exhibits or amendments hereto. 15.9. EXECUTION IN COUNTERPARTS This AGREEMENT may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of such counterparts shall constitute one agreement. To facilitate execution of this AGREEMENT, the PARTIES may execute and exchange by telephone facsimile counterparts of the signature pages. - 25 E 43 Agreement No. D12 -015 Bikeways and Trails in the City of Santa Ana IN WITNESS WHEREOF, each PARTY hereto has executed this AGREEMENT by its duly authorized representatives as of the date set forth above. Date: Date: APPROVED AS TO FORM: City of Santa Ana BY: Lau Sheedy Assistant City Attorney City of Santa Ana, California, a charter city BY: Attest: BY: - g§ T 7f J4 Paul M. Walters City Manager Maria D Huizar Clerk of the Council Agreement No. D12 -015 Bikeways and Trails in the City of Santa Ana Orange County Flood Control District, a body corporate and politic Date: By Date: APPROVED AS TO FORM: Office of the County Counsel Orange C04nty,, California Date:, Chairman of the Board of Supervisors Orange County, CA Signed and certified that a copy of this document has been delivered to the Chair of the Board per G.C. Sec 25103, Reso 79 -1535 Attest: Susan Novak Clerk of the Board of Supervisors County of Orange, California - age of 3� 1. 2. 3. 4. 5. 6. 7. B. 9. 10. Forrest Paul Trailhead Edna Park Trailside Rest Area 17th Street Site Fairview Triangle Site Pacific Electric Site Spurgeon Park Site McFadden Triangle Site Edinger Equestrian Trailhead Centennial Park Side Golden Loop Trailhead FAA . (m =1 Ct3 oRnry SANTA ANA SANTA ANA RIVER VISION PLAN PROPOSED SITES PUBLIC YOHKS IICENCY I — 003 - GREENVILLE- BANNING CHANNEL E01 - SANTA ANA RIVER E08 - SANTIAGO CREEK F01 - SANTA ANA -DELHI CHANNEL F02 - SANTA ANA GARDENS CHANEL J 0 U7 Cu9BON in L:l U, MCFADDEN l cc r r� W y N C] I LL BORCHARD p O � HIGH x <F SCHOOL EDINGER m F- Q ST, ANDREY I p Z GLENWOOD DE =.. ¢ Q= � ST. GERTRODE WARNER I • • • L • T ' r P. H O OR. CENiP�L -`• a� J > u r • LLL.��� Q u i ¢ u L DYER Q • w ALTON a W COLUMBINE I ~I TARGET o a ENT r MACARTHUR m PEGENCV ¢ a � MURPHY a i F LLI CALLEN'S 3 Z o __ —_ COMMON -i Q G m LL Q, SUNFLOWER -- -- - - - -- - - - -- sr. 55 �O DIEG �R NTS EXHIBIT B - FLOWER STREET BIKE TRAIL PERMIT NO. 2008 -00750 SANTA ANA CITY CDUNCIL �nw�� TRAIL N z ` EXUnnn P I AGENDA PROPOGED TRAIL �l PUBLIC YORE AGElC'! ••••••••••••••••• OCFCD CHANNEL aN I i t 1 W J 11s a i i l i i ,� Q a c� fill y <' I! 1 uslul e I i s ,M illilil #f # #f #i!! /WESTMINSTER AVE 17TH ST 1 ~ r f I f 1 ;rT11 1 Edna Park 17th St. Triangle Parcel R1551& Parcel R1552 81553 EXHIBIT C 1 NTS O_ HAy�,F EDNA PARK ~�, c OCFCQ / City of Santa Ana 3 Parcel RMI & RM 17th Street Triangle Lease Agreements. Parcel 81552 28 September 2010 D03 - GREENVILLE- BANNING CHANNEL E01 - SANTA ANA RIVER E08 - SANTIAGO CREEK F01 - SANTA ANA -DELHI CHANNEL F02 - SANTA ANA GARDENS CHANEL 0 f, . EXHIBIT D - CITY BIKEWAY TRAILS SANTA ANA CITY COUNCIL EXISTING TRAIL AGENDA PROPOSED TRAIL ordo, OCFCD CHANNEL ....................... RBL[C 1Aw5 1AEHCf �111�I�,NN11 OTHERS EXHIBIT E INSURANCE REQUIREMENTS During the term of this AGREEMENT, CITY shall maintain commercial insurance or self - insurance to cover its general liability, automobile liability and workers' compensation exposures and indemnity obligation associated with this AGREEMENT. Upon request CITY shall provide DISTRICT with proof of insurance, or a letter evidencing CITY's self - insurance program acceptable to DISTRICT, within seven (7) days of the effective date of this AGREEMENT. CITY shall cause its contractors performing work within the PREMISES, at contractors' expense, to maintain and provide proof of insurance to CITY as set forth below: Coverage /Limits Coverage Minimum Limits Commercial General Liability with $1,000,000 limit per occurrence products and completed operations and $2,000,000 aggregate contractual liability Automobile Liability including coverage $1,000,000 limit per occurrence for owned, non -owned and hired vehicles Workers' Compensation Statutory Employers' Liability Insurance $1,000,000 per occurrence Professional Liability Insurance* $1,000,000 per claims made or per occurrence *If contractor's Professional Liability policy is a "claims made" policy, contractor shall agree to maintain professional liability coverage for two years following the completion of the contract. Required Coverage Forms The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing liability coverage as broad. Qualified Insurer The policy or policies of insurance must be issued by an insurer licensed to do business in the state of California (California Admitted Carrier) or have a minimum rating of A- (Secure A.M. Best's rating) and VIII (Financial Size Category) as determined by the Page 1 of 2 EXHIBIT E 25E -20 most current edition of the Best's Key RatinLF Guide /Property- Casualty/United States or ambest.com If the insurance carrier is not an admitted carrier in the state of California and does not have an A.M. Best rating of A- /VIII, the CEO/Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings. Required Endorsements The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance: 1) An Additional Insured endorsement using ISO form CG 2010 or CG 2033 or a form at least as broad naming the County of Orange and Orange County Flood Control District, its elected and appointed officials, officers, employees, agents as Additional Insureds. 2) A primary non - contributing endorsement evidencing that the contractor's insurance is primary and any insurance maintained by the County of Orange, Orange County Flood Control District shall be excess and non - contributing. 3) A Products and Completed Operations endorsement using ISO Form CG2037 (ed. 10 /01) or a form at least as broad, or an acceptable alternative is the ISO from CG2010 (ed. 11/85). All insurance policies required by this contract shall waive all rights of subrogation against the County of Orange and members of the Board of Supervisors, its elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment. The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, the Orange County Flood Control District, and members of their Board of Supervisors, their elected and appointed officials, officers, employees and agents. The procuring of such required policy or policies of insurance shall not be construed to limit CITY and/or its'Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract, nor in any way to reduce the policy coverage and limits available from the insurer. Page 2 of 2 .1: fCUM 25E -21 25E -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2012 TITLE: AMENDMENT TO AGREEMENT WITH NARANJO LANDSCAPE, INC. FOR ANNUAL WEED AND DEBRIS REMOVAL SERVICES ApCITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached first amendment to the agreement with Naranjo Landscape, Inc., to provide weed and debris removal services for an amount not to exceed $167,500 through August 31, 2013, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency Maintenance Services Division is responsible for maintaining 116 vacant lots, easements, and storm drain channels. In order to do so, a contract for weed and debris removal from public and private properties is required. Removing the weeds and debris will enhance the safety and appearance of these areas maintained by the Public Works Agency. On October 3, 2011, the City entered into an agreement with Naranjo Landscape, Inc for a one - year term with provision for 3 one -year renewals. In the past year, Naranjo Landscape abated 118 lots totaling over 3 million square feet, disposed of 4,200 cubic yards of weeds and debris, and completed 177 weed control sprayings to minimize weed growth. Naranjo Landscape, Inc. has been diligent in addressing its work plan in detail and has exceeded acceptable levels of service. Additionally, Naranjo has agreed to renew the contract with no increase in pricing. Staff recommends approval of the first renewal to accommodate the need for continued weed and debris removal services. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25F -1 Amendment Agreement for Annual Weed and Debris Removal Services September 4, 2012 Page 2 FISCAL IMPACT Funds are available in the Sanitation Enterprise, the Federal Clean Water Protection Enterprise, Community Development Agency Downtown Maintenance Fund, Redevelopment Obligation Retirement Fund, and the Housing Authority Low and Moderate Income Housing Asset Fund (account nos. 05717640- 62300, 06817640- 62300, 40718842- 62300, 67118021 -62300 and 60718830- 66220). APPROVED AS TO FUNDS AND ACCOUNTS: f Raul Godinez II Francisco Gutierrez �(1/ Executive Director Executive Director ^� Public Works Agency Finance & Management Services Agency (A ancy T. Edwards Interim Executive Director Community Development Agency RG:PG Exhibit 1: Amendment 25F -2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on September 4, 2012, by and between Naranjo Landscape, 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 parties entered into Agreement #A- 2011 -229, dated October 3, 2011, (hereinafter "said Agreement ") by which Consultant has provided weed and debris removal services. B. In accordance with the terms and conditions of said Agreement, the parties wish to exercise the first option to extend and increase compensation to pay for services during extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 2., COMPENSATION, shall be amended to increase compensation to an amount not to exceed $185,000.00, to pay for weed and debris removal services during the term from September 1, 2012 through August 31, 2013. 2. Section 3., TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on October 3, 2011 and terminate on August 31, 2013, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended for up to two additional one -year terms at the City's option, as evidenced by a written extension of the terms and conditions of this Agreement executed by the City Manager and the City Attorney. City may terminate this Agreement if the Santa Ana City Council fails to approve funding for said services during any fiscal year. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. // // // // // 25F -3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney RECOMMEND FOR APPROVAL: RAUL GODINEZ II, P.E. Executive Director Public Works Agency 25F -4 CITY OF SANTA ANA PAUL M. WALTERS City Manager NARANJO LANDSCAPE, INC. Name: Title: REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2012 TITLE: AGREEMENT WITH THE PARTNERSHIP FOR A HEALTHIER AMERICA INC. Az�'�S� ,CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: UA % ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2"d 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 the Partnership for a Healthier America. DISCUSSION The Partnership for a Healthier America Inc. ( "PHA ") has invited cities and towns across the United States to apply for $50,000 in funding to get kids and communities active as part of the nationwide PHA Play Streets program. Parks, Recreation and Community Services Agency will be applying for this grant for the Cedar - Evergreen area to provide much needed physical activities. This agreement will be submitted along with our proposal, as required in the PHA Request for Proposal. If our application is selected for funding, a future council action item will be submitted to recognize and appropriate the program funding. Play Streets are based on the tenet that cities and towns are incubators for change and action. Play Streets close specific streets to traffic on a routine basis and open that space to the community to encourage physical activity. They offer a high- impact, low -cost approach to encouraging and increasing physical activity. Cities around the country have experienced the benefits of the Play Streets concept, such as Chicago, Fort Worth, Portland, and San Francisco. Preference is given to those applicants who attract residents and children within low- income neighborhoods and that incorporate a large mix of stakeholders and public and private partnerships. The Cedar - Evergreen Co -Op includes residents, landlords, property managers, business owners, churches, and non - profit organizations that have joined a multi- agency City Task Force to address the disproportionately high volume of calls for police service reported in the 1600 -1800 blocks of Cedar and Evergreen Streets. The Co -Op has been meeting regularly to address these issues and is committed to improving the quality of life in the area. The Co -Op will have support from the Madison Neighborhood Association and these groups will work together to invite the Cedar - Evergreen residents to become actively involved in this effort, to participate in the annual walk -a -thon, and to become members of the walking club, which meets weekly. 25G -1 Partnership for a Healthier America Agreement September 4, 2012 Page 2 We are proposing to have four "Cedar- Evergreen Play Street Days" that will feature a variety of physical activities and will connect residents to health and community services through a resource fair. These events will be conducted directly on Cedar and Evergreen Streets, which will include the closures of these streets during the events. The fifth and culminating event will be the Annual Madison Park Neighborhood Association Walk- A -Thon, Resource Faire and Cultural Festival. The walking club will help sustain the physical activity of residents beyond the four Play Streets events. FISCAL IMPACT There is no fiscal impact associated with this item. 1 - Ger do Mouet, E cute a Direc P , d Community Services Agency 25G -2 Exhibit B AGREEMENT Between PARTNERSHIP FOR A HEALTHIER AMERICA INC. And Santa Ana This Agreement is entered into by PARTNERSHIP FOR A HEALTHIER AMERICA, INC. ( "PHA "), a nonprofit charitable organization organized under the laws of the State of Delaware, located at 2001 L St. NW, Suite 750, Washington, D.C. 20036, and City of Santa Ana, located within the State of California, with principal City offices located at 20 Civic Center Plaza, Santa Ana, California 92701. On July 18, 2012, PHA issued a Request for Proposal ( "RFP ") to cities and towns across the United States, inviting them to apply for funds to support local Play Streets programs. This RFP is hereby incorporated by reference into this Agreement. On August 28, 2012, City submitted its proposal ( "Proposal "), which is also incorporated by reference herein. By signature on this Agreement, PHA signifies that City's Proposal has been selected and City will receive fifty thousand dollars ($50,000), as set forth in the RFP, to support its Play Streets program. By submitting the Proposal and by signature on this Agreement, City agrees that, if selected by PHA to receive funds to support its Play Streets program, it will meet the requirements set forth in the RFP and execute the program as set forth in the Proposal. In addition, City agrees to the following provisions: Insurance. City shall maintain, at its own cost and expense, a program of insurance for general liability within the limits established by the state in which it resides throughout the performance of this Agreement. Documentation regarding such liability insurance shall be provided to PHA upon request. City agrees to notify PHA of any changes in coverage of such insurance and will provide PHA with written notice of cancellation thirty (30) days prior to the effective date of such cancellation. Indemnification. City agrees to indemnify, defend, and hold harmless PHA, and its directors, officers, employees, volunteers, agents, and sponsors, from and against any and all liabilities, demands, claims, actions, or causes of action, assessments, judgments, losses, costs, damages or expenses, including reasonable attorneys' fees, sustained or incurred resulting from or arising out of the Play Streets program and events and activities funded by PHA's financial award. The obligations set forth in this section shall survive termination of the Agreement. 25G -3 • Use of Name and Marks. Any use, or authorization of use, by City of PHA's name, logos, trademarks, or service marks in marketing or other materials must first be approved in writing by PHA. • Default. Should City fail to meet the requirements set forth in this Agreement, PHA shall be entitled to a return of all funds or to reduce or withhold future payments. • Entire Understanding. This Agreement supersedes any and all prior understandings and agreements, oral or written, and all amendments to and modifications of this Agreement must be in writing and signed by an authorized representative of each party. • Waiver. A waiver of any breach of any provision of this Agreement shall not be deemed a waiver of such rights, nor shall the same be deemed to be a waiver of any subsequent breach, either of the same provision or otherwise. • Severabilily. If any provision of this Agreement is found to be illegal, invalid, or unenforceable, such determination shall not affect the validity, legality, or enforceability of any other provision of this Agreement. • Governing Law. The Agreement shall be governed by, interpreted, and construed in accordance with the laws of the District of Columbia. • Representations and Warranties. City warrants that: (i) it is duly authorized and existing under the laws of its jurisdiction and is in good standing under the applicable laws of such jurisdiction; (ii) it has the authority and power to enter into this Agreement; (iii) the person executing this Agreement on behalf of the City fully authorized to do so; and (iv) there are no legal restrictions or bars to City entering into this Agreement. IN WITNESS WHEREOF, the parties hereto have hereinafter executed this Agreement on the last date and year written below. FOR City of Santa Ana: FOR PARTNERSHIP FOR A HEALTHIER AMERICA, INC: Paul M. Walters, City Manager Date Attest: Maria D. Huizar, Clerk of the Council Lawrence A. Soler, President & CEO Date 25G -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2012 TITLE: GARFIELD COMMUNITY CENTER CONSTRUCTION REIMBURSEMENT AND JOINT USE AGREEMENTS ),CITY MANAGER ,.1 V RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached Construction Reimbursement Agreement with the Santa Ana Unified School District (SAUSD) for the construction of a community center at Garfield Elementary School in an amount not to exceed $2,375,000, subject to SAUSD Board approval, and 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 Joint Use Agreement with the Santa Ana Unified School District for Garfield Elementary School, subject to SAUSD Board approval, and non - substantive changes approved by the City Manager and City Attorney. 3. Approve the project funding as follows: Construction Reimbursement Agreement $2,375,000, Inspection /Oversight $237,500, and Contingencies $237,500, for a total estimated cost to the City of $2,850,000. DISCUSSION On October 18, 2010, the City Council took several actions pertaining to the financing and development of a 10,000 square foot community center at Garfield Elementary School, allocating $2.5 million in Community Development Block Grant (CDBG) funds for the design and construction of the project, and authorizing staff to negotiate a Joint Use Agreement with the SAUSD. The concept of a community center evolved out of the extensive outreach effort conducted for the Station District housing project, and associated Transit Zoning Code. The proposed community center is being developed in partnership with the SAUSD in conjunction with renovation and expansion of the subject school facilities (Exhibit A of Exhibit 1 [Reimbursement Agreement]). Since the time of the original funding action, staff has been working diligently with SAUSD staff to facilitate the project, with SAUSD serving as the lead on 25H -1 Garfield Community Center Agreements September 4, 2012 Page 2 the design and construction process, pursuant to a reimbursement agreement entered into with SAUSD for the design phase of the center. Subsequent to receiving the required plan approval from the State Architect's Office, SAUSD competitively bid the work, with the lowest bid coming in above the school district's original estimate. After additional value engineering and other cost reducing measures, the estimated cost (hard and soft) has been lowered to approximately $3,800,000 (includes architectural fees covered by the existing design services reimbursement agreement). The increase is proposed to be primarily funded through school district facility funds and also with an increase in CDBG project funding of $475,000 to cover City inspection, oversight and contingencies (Exhibit 2). In anticipation of the potential increase in CDBG funding, an amendment to the 2010 -2011 Annual Action Plan has been prepared and is being presented to the City Council for its consideration this evening as part of a separate agenda item. Concurrent with the project design, staff facilitated meetings with community members to identify their needs and priorities for the community center. The top five areas in priority order are: programs for teens, health, continuing education, dance and seniors. Per the proposed Joint Use Agreement (Exhibit 3), the first floor of the 10,000 square foot building would be designed as a multi - purpose room for the school's use during school hours, while the second floor space would be available at all times, as well as the first floor during after - school hours. The City would also have use of the school's parking lots at specified times. The City may conduct programs itself or through a third party. The SAUSD would be responsible for maintenance, repairs and electrical costs for the first floor, and the City would be responsible for the same with respect to the second floor. The subject agreements are scheduled for SAUSD Board consideration September 11, 2012. Due to the SAUSD's funding requirements, the project must be under contract by September 25, 2012. It is anticipated that construction will commence immediately thereafter and be substantially completed by the end of 2013. ENVIRONMENTAL COMPLIANCE In accordance with the National Environmental Policy Act, a certification of Categorical Exclusion and Statutory Worksheet has been prepared. The above - described action of the City Council was evaluated under the California Environmental Quality Act (CEQA) as a component of the redevelopment project analyzed at a project- specific level in Environmental Impact Report (EIR) No. 2006 -02, adopted by the City Council on June 7, 2010. 25H -2 Garfield Community Center Agreements September 4, 2012 Page 3 FISCAL IMPACT Funds are available in the Community Development Block Grant account (unit 13518783 - 69135). Nancy T. Edwards Interim Executive Director Community Development Agency 6-1-r-L-GeFa—rjo M Executive I Agency NTE /SG /kg Exhibits n and Community Services 1. Reimbursement Agreement 2. Funding Analysis 3. Joint Use Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director �" Q Finance & Management Services Agency 25H -3 25H -4 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SANTA ANA UNIFIED SCHOOL DISTRICT REGARDING REIMBURSEMENT OF CONSTRUCTION COSTS FOR GARFIELD COMMUNITY CENTER INCORPORATING BLOCK GRANT REQUIREMENTS This Agreement Between the City of Santa Ana and Santa Ana Unified School District Regarding Reimbursement of Construction Costs for Garfield Community Center Incorporating Block Grant Requirements ( "Agreement") is made this day of , 2012, by and between the City of Santa Ana, a charter city and municipal corporation ( "City"), and the Santa Ana Unified School District ( "District "), a public school district (collectively, "Parties"; individually "Party "). RECITALS A. The District is designing and constructing multiple improvements at its Garfield Elementary School site (the "Project "), as further indicated in the Conceptual Site Plan and Elevations attached hereto and incorporated herein as Exhibit A. B. The Project includes a two -story building that the Parties intend to use as a multiple - purpose building and community center ( "MPR/CC ") and associated site work and landscaping. C. The City wishes to reimburse District for a portion of the costs associated with the construction of the MPR/CC and associated site work and landscaping, in accordance with the mutually agreed to Scope of Work/Budget attached hereto and incorporated herein as Exhibit B. D. The City, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ( "HUD ") Community Development Block Grant ( "CDBG ") Program, desires to enter this Agreement with the District for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ( "CDBG Reg's "), to pay for construction costs for the MPR/CC. E. The District, pursuant to, without limitation, section 17077.40, et seq. and /or section 17527, et seq., of the Education Code, is authorized to enter into joint use agreements with other public entities. F. The Parties intend to also enter into a joint use agreement for the MPR/CC between the City and the District, that the Parties will approve separate from this Agreement ( "Joint Use Agreement "). Upon completion of the MPR/CC, the District shall permit the City to access the MPR/CC for public use and recreation purposes pursuant to applicable law and to the Joint Use Agreement as mutually agreed upon by the Parties. NOW, THEREFORE, the Parties agree as follows: AGREEMENT 1. Construction of MPR/CC. A. The District shall cause the MPR/CC to be built per the City approved plans, specifications, and construction contract, the approval of which shall not be unreasonably withheld. The District or its agents or representatives, the City and Contractor shall conduct regularly scheduled project meetings as mutually agreed upon and confer prior to finalizing construction work on the MPR/CC. B. The Parties have agreed that Balfour Beatty ("Contractor ") will be performing all construction services including, but not limited to, preparation of a construction cost estimate value engineering, as well as actual construction and associated site work and landscaping of the MPR/CC. Contractor was chosen through a request- for - qualification process that the Parties believe was a fair, competitive selection process consistent Draft Construction Reimbursement Agreement — City of Santa Ana /SAUSD — MPR/CC 8 -28 -12 Page 1 25H -5 with Government Code section 4529.12 and Education Code section 17406 and consistent with the federal rules of procurement. C. The City acknowledges that the District is undertaking design and construction of the Project. The MPR/CC shall be constructed substantially to conform with the Scope of Work attached hereto as Exhibit A, and incorporated herein by reference. 2. Payment for Construction of the MPR/CC. A. The City shall pay for a portion of the cost to construct the MPR/CC for the not to exceed amount of $2,375,000.00, which is part of a broader contract covering the Garfield Elementary School site awarded to the Contractor. It is acknowledged that there may be change orders which may necessitate District board and City Council approval, subject to the Parties respective contracting procedures. The City shall make payment within thirty (30) days following receipt of a proper invoice and documentation detailing the work performed. B. The District agrees to ensure that the Contractor separately invoices for its construction of the MPR/CC and associated site work so that the City can reimburse the construction costs specifically for the MPR/CC and agreed upon site work. C. The Parties agree to take all reasonable actions to cooperate to enforce the provisions in this Agreement, including this provision, if other third party agencies, including the State of California or the County of Orange, attempt to interpret this Agreement, if including these provisions, contrary to the language herein. 3. Record Drawines /Plans for MPR/CC. District will provide to City a set of record drawings of the MPR/CC and copies of all contractor - supplied use manuals and warranty information, as applicable. 4. Term /Suspension and Termination. A. This Agreement shall begin on the date first stated above and terminate on , 20 B. Either Party may terminate this Agreement for its own convenience until construction has started. In the event of such a termination for convenience by City or of a termination for convenience in accordance with 24 CFR 85.44, District may invoice City and City shall pay its portion for all work and /or services performed until the City's notice of termination for convenience. Neither Party may terminate for convenience once physical construction of the MPR/CC begins. C. If the City breaches this Agreement in any material way, the District may elect to provide written notice to the City of the breach(es). If the City does not cure the breach(es) within ten (10) days of receipt of the notice by paying all overdue funds, the District may terminate this Agreement by providing written notice of termination to the City. City shall be liable to District for all costs, fees, expenses, and other damages the District incurs because of the City's breach(es). D. If the District breaches this Agreement in any material way, the City may elect to provide written notice to the District of the breach(es). If the District does not cure the breach(es) within ten (10) days of receipt of the notice, the City may terminate this Agreement by providing written notice of termination to the District. District shall be liable to City for all costs, fees, expenses, and other damages the City incurs because of the District's breach(es). (See 24 CFR 85.43). E. The remedies in this paragraph are in addition to any additional remedies available at law or under this Agreement. A decision by a Party not to terminate this Agreement pursuant to this paragraph does not constitute a waiver of any other claims or remedies that Party may have against the other. 5. Indemnification and Cooperation in Claim Defense. A. District shall indemnify, save, protect, defend and hold harmless the City, its officers, agents and Draft Construction Reimbursement Agreement — City of Santa Ana /SAUSD — MPR/CC 8 -28 -12 Page 2 6 employees from any and all claims, costs, and liability, including reasonable attorneys' fees, for any damage, injury or death, to persons or property arising from the negligent or wrongful acts or omissions of the District or its agents under this Agreement, except to the extent that such claims, costs, or liability arise directly or indirectly from the negligent or wrongful acts or omissions of City, its officers, agents and employees. B. City shall indemnify, save, protect, defend and hold harmless the District, its officers, agents and employees from any and all claims, costs and liability, including reasonable attorneys' fees, for any damage, injury or death, to persons or property arising from the negligent or wrongful acts or omissions of the City or its agents under this Agreement, except to the extent that such claims, costs, or liability arise directly or indirectly from the negligent or wrongful acts or omissions of District, its officers, agents and employees. 6. Environmental Review. The District and City shall be responsible for ensuring compliance with the California Environmental Quality Act (CEQA) and any other applicable environmental laws with regard to the entire Project, inclusive of the MPR/CC. The City has already completed environmental review in compliance with the National Environmental Policy Act (24 CFR Part 58, etc.) for the MPR/CC. The MPR/CC was also evaluated under CEQA as a component of a larger project analyzed at a project - specific level in Environmental Impact Report (EIR) No. 2006 -02, which was certified on June 7, 2010 by the Santa Ana City Council. Confidentiality: If either Party receives from the other Party information which due to the nature of that information is reasonably understood to be confidential and /or proprietary, the Parties agree that they shall not use or disclose that 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 Parties disclosed in a publicly available source; (c) is in rightful possession of the Parties without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by one of the Parties without reference to information disclosed by the other Party. 8. Conflict of Interest. The Parties shall ensure compliance with all applicable conflict of interest laws including, without limitation, the Fair Political Practices Act and Government Code section 1090, et seq., and 24 CFR 576.57 and OMB Circulars 1 -102 and A -I 10. In addition, each Party agrees that it will not hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by that Party. For the purposes of this section, the term "immediate family" means spouse, child, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. 9. Drug Free Workplace. The Parties confirm that both comply with Government Code Sections 8350 et seq., the Drug -Free Workplace Act of 1990 and shall take diligent actions to ensure that there is no unlawful manufacture, distribution, dispensing, possession or use of a controlled substance on the MPR/CC and both parties hereby certify that they comply with said Act. 10. Anti- Discrimination: It is the policy of the Parties that there be no discrimination against any employee engaged in the work, including work under contract, because of race, color, ancestry, national origin, or religious creed, and therefore each Party agrees to comply with applicable Federal and California laws including, but not limited to the California Fair Employment Practice Act beginning with Government Code Section 12900 and Labor Code Section 1735. In addition, the District agrees to require like compliance by all its contractor(s) and subcontractor(s) on the MPR/CC. 11. Attorneys' Fees. If either Party files any action or brings any proceedings against the other arising out of this Agreement, the Prevailing Party (as defined below) shall be entitled to recover, in addition to its costs of suit and damages, reasonable attorneys' fees to be fixed by the court. The "Prevailing Party" shall be the Party who Draft Construction Reimbursement Agreement — City of Santa Ana /SAUSD — MPR/CC 8 -28 -12 Page 3 25H -7 is entitled to recover its costs of suit, whether or not suit proceeds to final judgment. No sum for attorneys' fees shall be counted in calculating the amount of a judgment for purposes of determining whether a Party is entitled to its costs or attorneys' fees. 12. Force Maieure. Neither Party shall be held responsible or liable for an inability to fulfill any obligation under this Agreement by reason of an act of God, natural disaster, rationing or restrictions on the use of utilities or public transportation whether due to energy shortages or other causes, war, civil disturbance, riot, or terrorism ( "Force Majeure"). Any Party relying on a Force Majeure shall give the other Party reasonable notice thereof, and the Parties shall use their best efforts to minimize potential adverse effects from such Force Majeure, including, without limitation, subcontracting the obligations of the Party claiming such Force Majeure to a third party and extending the time periods for performance. 13. Assignment. Neither Party may, without the other Party's prior written consent, assign its rights or delegate its duties pursuant to this Agreement. This provision does not apply to the District's contracting with contractor(s), consultant(s), or others to perform services or provide other items related to the planning, approval, design, or construction of Project, including the MPR/CC. The District's contracting with others shall not alter the District obligations pursuant to this Agreement. 14. Successors and Assigns. This Agreement shall bind the successors and assigns of the Parties hereto. 15. Further Assurances. Each Party to this Agreement shall at its own expense perform all acts and execute all documents and instruments that may be necessary or convenient to carry out its obligations under this Agreement. 16. Modifications. The terms and conditions of this Agreement may be modified or changed only by written mutual consent of the Parties. 17. Notices. Any notices that either Party desires to or is required to give to the other Party or to any other person shall be in writing and either served personally or sent by prepaid first class mail. Such notices shall be addressed to the other Party at the address set forth below. Either Party may change its address by notifying the other Party of the change of address. Notice shall be deemed communicated within seventy -two hours from the date of mailing, if mailed as provided in this paragraph. Santa Ana Unified School District City of Santa Ana 1601 East Chestnut Avenue 20 Civic Center Plaza, M -25 Santa Ana, California 92701 P.O. Box 1988 Attn: Assistant Superintendent, Santa Ana, CA 92702 Facilities & Governmental Relations Attn: Deputy City Manager 18. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, or an original, with all signatures appended together, shall be deemed a fully executed Agreement. 19. Interpretation. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either Party. 20. Severability. Should all or any portion of any provision of this Agreement be held unenforceable or invalid for any reason, but the remainder of the Agreement can be enforced without failure of material consideration to any Party, then the remaining portions or provisions shall be unaffected. 21. Governing Law. This Agreement shall be governed by the laws of the State of California and venue shall be in the appropriate Superior Court in Orange County, California. 22. Incorporation of Recitals and Exhibits. The Recitals and all Exhibits attached hereto, are hereby incorporated herein and made a part of this Agreement by this reference. Draft Construction Reimbursement Agreement — City of Santa Ana /SAUSD — MPR/CC 8 -28 -12 SJ_ ■_Il•� Page 4 23. Captions. The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement. 24. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral. 25. Time of the Essence. Time is of the essence in the performance of each Party's respective obligations under this Agreement. 26. Effective Date. This Agreement must be executed by both Parties and approved or ratified by the City's City Council and the District's Board of Trustees. This Agreement shall be effective upon the latter date of approval of either the City Council or the Board of Trustees. 27. Terms Required Based on HUD Funding. The following terms are made a part of this Agreement, as required by the Parties participation in and use of funds from the HUD CBDG Program. A. Use of Debarred. Suspended, or Ineligible Participants. The Parties shall comply with the provisions of 24 CFR 24 relating to the employment, engagement of services, awarding of contracts, or funding of any contractor or subcontractor during any period of debarment, suspension, or placement in ineligibility status. B. No Pending Investigation. Each Party asserts that, to the best of its knowledge, it is not the subject of any current or threatened criminal or civil action investigation by any other public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. C. Audit. To the extent the District uses California state bonds funds for the MPR/CC, the District is subject to audit by the California Office of Public School Construction. In addition, to the extent the District uses any of its Measure G Bond funds for the MPR/CC, the District is required to conduct an annual, independent financial audit and annual, independent performance audit on the use of those funds. D. Record Keeping/Reporting. Both Parties shall keep and maintain complete and adequate records and reports to assist one another in meeting and maintaining its record keeping responsibilities under applicable law which includes, Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. The Parties agree to share with each other the guidelines and parameters of required record keeping. The Parties agree to keep all MPR/CC records for at least five (5) years from the date of completion of the MPR/CC. E. Economic Opportunities for Low Income People. To the extent allowable under applicable state law, the Parties shall implement the goals of Section 3 of the Housing and Urban Development Act of 1968 that requires employment and other economic opportunities arising in connection with housing rehabilitation, housing construction and other public construction projects which shall, to the extent feasible and consistent with existing federal, state and local laws and regulations, be given to low and very low - income persons. To the extent applicable, the Parties shall comply and /or cause compliance with Section 3 Clause requirements for the MPR/CC. (See Exhibit C, required contract language, attached hereto and incorporated herein). F. Prevailing Wage. In its contract(s) for construction of the MPR/CC, the District shall include a provision that states in pertinent part: If there is a difference between the general prevailing wage rates determined by the Director of the Department of Industrial Relations ( "California Prevailing Wages ") and the applicable minimum wage rates determined by the Secretary of Labor ( "Federal Wages ") for similar classifications of work, the Contractor and its Subcontractors of every tier shall pay their workers not less than the higher wage rate. (See Exhibit D attached hereto and incorporated herein). G. Lobbying. The Parties shall ensure that they comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress Draft Construction Reimbursement Agreement — City of Santa Ana /SAUSD — MPR/CC 8 -28 -12 Page 5 SJ_ ■_Id", in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. H. Compliance with Law /Program Income. District acknowledges that the funds being provided by City for the MPR/CC are received by City pursuant to the CDBG Program, as amended, and that expenditures of CDBG funds must be in accordance with the CDBG Program and its requirements (24 CFR 570.503 and 24 CFR 570.504). Upon the expiration of this Agreement, any unexpended CDBG funds received by District shall be returned to City unless otherwise provided for in this Agreement or directed by the City. District agrees to comply fully with all federal, state and local laws and court orders applicable to its operation. Program income means gross income received by the District or a subrecipient directly generated from the use of CDBG funds. It is the gross income from the use or rental of real property, owned by the District or by a subrecipient, that was constructed or improved with CDBG funds, less costs incidental to generation of the income. I. Administrative Requirements /Cost Principles /Audit Standards. The following requirements and standards of 24 CFR § 570.502 must be complied with by the District: 24 CFR Part 85, §§ 85.3, 85.6, 85.12, 85.20, 85.21, 85.22, 85.26, 85.32, 85.33, 85.34, 85.35, 85.36, 85.37, 85.40, 85.41, 85.42, 85.43, 85.44, 85.5 1, and 85.52; OMB Circular A -87, Cost Principles for State, Local, and Indian Tribal Governments; and OMB Circular A -133, Audits of State and Local Governments. This includes separate accounting of costs for the MPR/CC. J. Subpart K of 24 CFR Part 570. District will carry out its activities in compliance with the requirements of Subpart K of 24 CFR Part 570; however, District does not assume the City's environmental responsibilities or the responsibility for initiating the environmental review process under 24 CFR Part 52 or City's responsibilities under 24 CFR § 570.604. K. Reversion of Assets. 1. Per 24 CFR § 570.503(b)(7), any real property under the District's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000.00 must either be: a. Used, where City has given written approval, to meet one of the national objectives stated in 24 CFR § 570.208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by City; or b. If not used in accordance with subparagraph (a) above, District shall pay to City an amount equal to the current market value of the acquired property or improvement, as the case may be, less any portion of the value attributable to the expenditure of non -CDBG funds for acquisition of, or improvement to, the property. 3. The parties agree that the funding provided to District hereunder shall not be used for furniture, fixtures or equipment, however, subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement, if any, will vest upon acquisition in District. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations are no longer needed for said program, disposition of said equipment will be made as follows: a. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to City. b. Items of equipment with a current per unit fair market per unit value of $5,000.00 or more may be retained or sold and City shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by City's share of CDBG funds expended to acquire the equipment, in accordance with 24 CFR § 85.32(e)(2). Draft Construction Reimbursement Agreement — City of Santa Ana /SAUSD — MPR/CC 8 -28 -12 Page 6 25H -10 4. If any real property acquired or improved by CDBG funds is not used in accordance with one of the national objectives in 24 CFR § 570.208 after five years of expiration of this Agreement, the District shall pay to City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -CDBG funds. 5. District's obligations and responsibilities set forth in this paragraph 28 and other requirements pertaining to CDBG funding shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as City and /or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of City and HUD. 6. The District shall retain all records pertaining to this Agreement for at least four years after final payment by the City and closure of all other pending matters as required by 24 CFR §§ 85.36(i)(11) and 85.42. L. Insurance /Bonding. 1. With respect to performance of work under this Agreement, District shall require that Contractor shall maintain and shall require its subcontractors, if any, to maintain insurance as described below: The Commercial general liability insurance certificate, shall name the District and City as additionally insured. (Sample Additional Insured Endorsement attached hereto and incorporated herein as Exhibit E). Contractor shall (a) furnish properly executed certificates of insurance to District and the City prior to commencement of work under this Agreement, which certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed or terminated except on thirty (30) days' prior written notice to District; and (b) maintain such insurance from the time work first commences until completion of the work under this Agreement; and (c) replace such certificates for policies expiring prior to completion of work under this Agreement. 2. District shall require Contractor to post performance and payment bonds to cover the entire construction period. Draft Construction Reimbursement Agreement — City of Santa Ana /SAUSD — MPR/CC 8 -28 -12 Page 7 25H -11 Amount of Amount of Type of Coverage Coverage: Each Occurrence Coverage_ AF-2reizate A. Commercial General Liability Combined, Single Limit $2,000,000 $5,000,000 B. Automobile Liability (Any Auto) Combined, Single Limit $2,000,000 $5,000,000 C. Excess Liability Sufficient to cover the above limits if the above policies do not cover the required limits. D. Employers' Liability $2,000,000 E. Builder's Risk (Course of N/A Construction) F. Workers' Compensation Insurance Statutory Limits The Commercial general liability insurance certificate, shall name the District and City as additionally insured. (Sample Additional Insured Endorsement attached hereto and incorporated herein as Exhibit E). Contractor shall (a) furnish properly executed certificates of insurance to District and the City prior to commencement of work under this Agreement, which certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed or terminated except on thirty (30) days' prior written notice to District; and (b) maintain such insurance from the time work first commences until completion of the work under this Agreement; and (c) replace such certificates for policies expiring prior to completion of work under this Agreement. 2. District shall require Contractor to post performance and payment bonds to cover the entire construction period. Draft Construction Reimbursement Agreement — City of Santa Ana /SAUSD — MPR/CC 8 -28 -12 Page 7 25H -11 M. Access to Records. At their sole cost, the City and the United States Government and /or their representatives shall have reasonable access to the District's books, documents and papers concerning the construction of the MPR/CC to audit expenditures on the MPR/CC for compliance with CDBG requirements. The District shall require the Contractor to provide the same access to the Contractor's records for constructing the MPR/CC. City and the United States Government and /or their representatives shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of District are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. 28. Character of City's Funding For MPR/CC Design Services. A. The City represents and warrants that CDBG funds applied to the MPR/CC are appropriate under federal law. The City shall promptly review, upon the District providing such, the MPR/CC's designs, procurement for construction, progress of construction, and District administrative processes and provide the District with direction on any administrative procedures, documentation, and /or processes required to ensure that the MPR/CC complies with all CDBG requirements. To the extent that CDBG funds are nonetheless deemed to be misapplied to the MPR/CC including the failure to use the buildings in accordance with one of the national objectives in 24 CFR § 570.208, by HUD, any State or Federal agency, or any court of competent jurisdiction and CDBG funds for the MPR/CC are disgorged from the District, the City shall make the District whole by reimbursing the District within a reasonable time for any of its damages, fines, penalties, or losses of any kind. B. This paragraph 28 shall survive the termination of this Agreement. District represents and warrants that it shall not knowingly misapply funding provided hereunder or knowingly use such funds for any unauthorized uses. Draft Construction Reimbursement Agreement — City of Santa Ana /SAUSD — MPR/CC 8 -28 -12 Page 8 25H -12 ACCEPTED AND AGREED on the date indicated below: City of Santa Ana Dated: By: Print Name: Print Title: Dated: By: Print Name Print Title: Maria D. Huizar Clerk of the City Council Paul Walters City Manager Approved as to Form Dated: By: Print Name: Sonia R. Carvalho, City Attorney Print Title: By Lisa E. Storck, Assistant City Attorney 20 20 20 Santa Ana Unified School District Dated: By: Print Name: Print Title: Dated: By: Print Name Print Title: 20 Joe Dixon Assistant Superintendent, Facilities & Governmental Relations 20 Michael P. Bishop, Sr. Deputy Superintendent, Operations Approved as to Form Dated: By: Print Name: Philip J. Henderson Print Title: Attorney, Orbach Huff & Suarez 20 Draft Construction Reimbursement Agreement — City of Santa Ana /SAUSD — MPR/CC 8 -28 -12 Page 9 25H -13 a W iOWISIG IOOHOS 03131Nn VNV ViN`dS IOOHOS Al JVM3W313 a1313NdJ i 13MUS 4IY i 133818 4JS w LL �! Lu 133211S 4!S i I J i; 1 i rt. i 1 i \ i I A ru LU i i .!I 133818 4JS w LL �! Lu 133211S 4!S i I J i; U: g i rt. i 1 i \ 190 J V Q 4 z J f W H i i .!I �! Lu 133211S 4!S �. I U: g i 1 i \ i I z J f W H Ofl 0 � 9 LLI x w 25H -15 DETAILED PRICING - EXHIBIT B REQUEST FOR PROPOSALS LEASE - LEASEBACK SERVICES PAGE 1 Description Total Classroom Building &Site Community Center &Site Total Combined Division 1 - General Requirements Project Manager $ 60,480 $ 60,480 $ 120,960 Project Superintendent $ 65,520 $ 65,520 $ 131,040 Clerical $ 15,960 $ 15,960 $ 31,920 Safety Officer /Coordinator $ 13,798 $ 5,939 $ 19,737 Vehicles $ 7,650 $ 7,650 $ 15,300 Trailer $ 4,950 $ 4,950 $ 9,900 Communications $ 3,575 $ 3,575 $ 7,150 Office equipment /Supplies $ 3,505 $ 3,505 $ 7,010 Small Tools & Equipment $ 3,360 $ 3,360 $ 6,720 Temporary Utilities INC INC INC Site Cleaning $ 500 $ 500 $ 1,000 Toilets $ 3,300 $ 3,300 $ 6,600 Mobilization /Layout (no more than 1 %) INC INC INC Job Signage $ 625 $ 625 $ 1,250 Fencing /Barricades $ 4,250 $ 4,250 $ 8,500 SWPPP Compliance $ 5,400 $ 5,400 $ 10,800 Waste Disposal $ 10,000 $ 10,000. $ 20,000 Plans & Specifications reproduction $ 1,250 $ 1,250 $ 2,500 Data Processing $ 28,362 $ 12,207 $ 40,569 Submittals, Shop Drawings (no more than 3 %) INC INC INC Close -out Documentation (not less than 4 %) INC INC INC Testing By Owner By Owner By Owner Final Clean $ 25,200 $ 12,240 $ 37,440 Site Cleanup $ 688 $ 688 $ 1,376 Miscellaneous $ 1,100 $ 1,100 $ 2,200 Subtotal: $ 259,473 $ 222,499 $ 481,972 Division 2 - Existing Conditions Survey $ 9,600 $ 6,400 $ 16,000 Other NA I NA NA Division 3 - Concrete Building Concrete Reinforcing $ 220,680 $ 98,000 $ 318,680 Site Concrete Reinforcing INC INC INC Cast In Place Concrete (Building g, Site) $ 845,000 $ 335,000 $ 1,180,000 Concrete Topping INC INC INC Other NA NA NA Division 4 -Masonry CMU 108,300 $ 133,100 $ 241,400 CMU Veneer 1S$ INC INC INC CMU Reinforcing INC INC INC Precast Wall Cap INC NA INC Division 5 - Metals Structural Steel $ 1,326,166 $ 495,397 $ 1,821,563 Metal Deck $ 102,500 $ 46,948 $ 149,448 Structural Metal Studs (with Framing in Div 9) INC I INC INC Metal Fabrications INC INC INC Fences & Gates INC INC INC Division 6 -Wood and Plastics Misc. Rough Carpentry $ 18,950 $ 7,900. $ 26,850 Casework $ 64,500 $ 16,780 $ 81,280 Division 7 - Thermal and Moisture Protection Sheet Waterproofing $ 8,778 $ 14,350 $ 23,128 Thermal Acoustical Insulation $ 17,699 $ 8,662 $ 26,361 Thermoplastic Membrane Roofing $ 131,850 $ 66,000 $ 197,850 Flashing &Sheet Metal $ 53,747 $ 18,102 $ 71,849 Roof Accessories INC INC INC Cementitious Fireproofing INC INC INC Fire stopping /Expansion Joint $ 12,379 $ 21,633 $ 34,012 Division 8 -Doors and Windows Doors /Frames /Hardware $ 91,900 $ 55,000 $ 146,900 Coiling Doors $ 14,000 $ 14,000 $ 28,000 Windows /Glazing $ 77,961 $ 63,751 $ 141,712 Access Doors $ 1,000 $ 800 $ 1,800 Division 9 - Finishes Portland Cement Plaster INC INC INC Gypsum Board Assemblies $ 1,003,000 $ 371,000 $ 1,374,000 Metal Stud Framing INC INC INC Acoustical Ceiling $ 65,000 $ 22,500 $ 87,500 Ceramic Tile $ 51,882 $ 31,260 $ 83,142 Flooring S 43,675 $ 26,905 $ 70,580 SANTA ANA OINIFIEDSCHOOLDISTRICT- GARFIELD ELEMENTARY SCHOOL Barour Bu 25H-1 6 Construction DETAILED PRICING - EXHIBIT B Dew ion Total Classroom Buildin &Site Community Center &site Total Combined Painting $ 64,800 $ 25,895 $ 90,695 Slab Moisture Control / Slab Sealer $ 47,685 $ 23,250 $ 70,935 Division 10- Specialties Toilet Partitions & Accessories $ 19,482 $ 14,936 $ 34,418 Signage $ 11,450 $ 7,033 $ 18,483 Operable Partitions NA $ 9,336 $ 9,336 Flag Pole $ 9,336 NA $ 9,336 Fire Protection Specialties $ 2,012 $ 2,198 $ 4,210 Visual Display Boards $ 20,455 1 NA $ 20,455 Division 11- Equipment Exterior Court Athletic Equipment $ 117,081 NA $ 117,081 Other NA NA NA Division 12 - Furnishings Roller Shades $ 11,590 $ 4,360 $ 15,950 Other NA NA NA Division 13- Special Construction Division 14- Conveying Systems Elevator $ 82,221 $ 82,221 $ 164,442 Division 21 -Fire Suppression Fire Sprinklers $ 59,700 $ 28,650 $ 88,350 Division 22 - Plumbing Plumbing fixtures and equipment $ 260,000 $ 194,300 $ 454,300 Division 23 - Heating, Ventilating & Air Conditioning Equipment HVAC $ 311,750 $ 175,000 $ 486,750 Equipment INC INC INC Ductwork INC INC INC Refrigerant Piping INC INC INC Controls INC INC INC Other NA NA NA Division 26- Electrical 1 $ 718,373 $ 291,397 $ 1,009,770 LAILighting Power INC INC INC Service and Distribution INC INC INC Division 27 - Communications Data /Communications INC INC INC Division 28- Electronic Safety & Security Fire Alarm INC INC INC Division 31- Earthwork Demolition INC INC INC Grading $ 194,975 $ 49,598 $ 244,573 Division 32 - Exterior Improvements Asphalt Paving & Pavement Markings $ 156,500 $ 1,500 $ 158,000 Concrete Sidewalks and Curbs INC INC INC Fences and Gates $ 227,932 $ 27,895 $ 255,827 Landscaping & Irrigation $ 289,000 $ 36,000 $ 325,000 SWPPP Erosion Control $ 47,600 $ 19,600 $ 67,200 Division 33 - Utilities Utilities $ 142,085 $ 82,325 $ 224,410 Subtotal (Divisions 2 -33): $ 7,062,594 1 $ 2,928,982 $ 9,991,576 Bonds $ 51,359 $ 22,105 $ 73,464 Insurance (Casualty Insurance & Builder's Risk Insurance) $ 81,254 $ 34,973 $ 116,227 Overhead & Profit $ 210,801 $ 90,730 $ 301,531 District Contingency (List any contingencies' do so sparingly and s specifically as possible) NA NA NA TOTAL BID $ 7,665,481 $ 3,299,289 $ 10,964,770 Allowances per District Instructions: 1) Interim Housing & Refurbishing of Playfield $ 250,000 NA $ 250,000 Allowances per District Instructions: 2) Unforeseen and Undirected scope of work $ 150,000 $ 150,000 $ 300,000 ontractnr's Guaranteed Project Costs $ 3,449,289 dditional Soft Costs $ 350,000. Total Cost 8,065,481 3,799,289 11,514,770 PAGE 2 SANTA ANA L'NI IF.D SCHOOL DISTRICT- GARFIELD ELE\21i BeIRW Bum 17 construction EXHIBIT C SECTION 3 CLAUSE This clause is to included in all Section 3 covered bid specifications, contracts and signed by contractor and his /her subsequent subcontractors. A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12, U.S.C. 1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of notices in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of persons(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian Housing assistance, section 7(b) of the Indian self - determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extend feasible, (I) preferences and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). The contractor /subcontractor provider by this signature affixed hereto declares under penalty of perjury: contractor /subcontractor has read the requirements of this section and accepts all its requirements contained therein for all of his /her operations related to this contract. Signature Date Print Name and Title 25H -19 Federal Labor Standards Provisions Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics em- ployed or working upon the site of the work will be paid uncondi- tionally and not less often than once a week, and without subse- quent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secre- tary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equiva- lents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, re- gardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classi- fication of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics per- forming work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any addi- tional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage deter- mination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe ben- efits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be em- ployed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where U.S. Department of Housing Exhibit D and Urban Development Office of Labor Relations (pgs 1-27) appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of La- bor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140. ) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommenda- tion of HUD or its designee, to the Administrator for determina- tion. The Administrator, or an authorized representative, will is- sue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this para- graph, shall be paid to all workers performing work in the classifi- cation under this contract from the first day on which work is per- formed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay an- other bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs rea- sonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable stan- dards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate ac- count assets for the meeting of obligations under the plan or pro- gram. (Approved by the Office of Management and Budget under OMB Control Number 1215 - 0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the De- partment of Labor withhold or cause to be withheld from the con- tractor under this contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued pay- ments or advances as may be considered necessary to pay la- borers and mechanics, including apprentices, trainees and help- ers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part form HUD -4010 (07/2003) Previous edition is obsolete Page 1 of 4 ref. Handbook 1344.1 25H -20 of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereaf- ter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social secu- rity number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Sec- tion I(b)(2)(B) of the Davis -Bacon Act, the contractor shall main- tain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially re- sponsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215 -0140 and 1215 - 0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out ac- curately and completely all of the information required to be main- tained under 29 CFR 5.5(a)(3)(i). This information may be submit- ted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029 - 005 - 00014 -1), U.S. Gov- ernment Printing Office, Washington, DC 20402. The prime con- tractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215 - 0149.) (b) Each payroll submitted shall be accompanied by a "State- ment of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the per- sons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, ap- prentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without re- bate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the appli- cable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall sat- isfy the requirement for submission of the "Statement of Compli- ance" required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records re- quired under subparagraph A.3.(i) available for inspection, copy- ing, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such rep- resentatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pur- suant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. De- partment of Labor, Employment and Training Administration, Of- fice of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an ap- prentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actu- ally performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the form HUD -4010 (07/2003) Previous edition is obsolete Page 2 of 4 ref. Handbook 1344.1 25H -21 journeymen hourly rate specified in the applicable wage determi- nation. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the appren- ticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage deter- mination for the applicable classification. If the Administrator de- termines that a different practice prevails for the applicable ap- prentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Train- ing, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an ap- prenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is ap- proved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior ap- proval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Train- ing Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprentice- ship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the pay- roll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Adminis- tration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the con- tractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of appren- tices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contrac- tor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause re- quiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. Previous edition is obsolete Pai. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the con- tract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorpo- rated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be sub- ject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the De- partment of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their repre- sentatives. 10. (1) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any per- son or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Adminis- tration transactions ", provides in part: "Whoever, for the purpose of ... influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both" 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be dis- charged or in any other manner discriminated against by the Con- tractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provi- sions of this paragraph B are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor con- tracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such work- week unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subpara- form HUD -4010 (07/2003) fe 3 of 4 ref. Handbook 1344.1 25H -22 graph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addi- tion, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permit- ted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of La- bor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such con- tractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the sub- contractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are ap- plicable only where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surround- ings or under working conditions which are unsanitary, hazard- ous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Sec- retary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Con- tract Work Hours and Safety Standards Act, 40 USC 3701 et seq. (3) The Contractor shall include the provisions of this para- graph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. form HUD -4010 (07/2003) Previous edition is obsolete Page 4 of 4 ref. Handbook 1344.1 25H -23 http: / /www.wdol.gov /wdol /scaft les /davisbacon/CA3 5.dvb ?v =9 General Decision Number: CA120035 08/03/2012 CA35 Superseded General Decision Number: CA20100035 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: Orange County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number 0 1 2 3 4 5 6 7 8 9 ASBE0005 -002 06/28/2010 Publication Date 01/06/2012 03/02/2012 03/30/2012 04/20/2012 04/27/2012 05/04/2012 05/18/2012 06/08/2012 07/13/2012 08/03/2012 Rates Fringes Asbestos Workers /Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) ..... $ 32.79 16.31 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls ) ...........................$ 24.21 13.76 ASBE0005 -004 06/28/2010 Rates Fringes Asbestos Removal worker /hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) .... $ 18.70 8.65 * BRCA0004 -010 05/01/2012 Rates Fringes EXHIBIT D 1 of 23 25H-24 8/28/2012 10:39 AM http: / /www.wdol.gov /wdol /scafi les /davi sbacon/CA35.dvb ?v =9 BRICKLAYER; MARBLE SETTER ........ $ 35.26 12.26 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty -Nine Palms, Needles and 1 -15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino /Riverside County hourly wage rate ---------------------------------------------------------------- BRCA0018 -004 06/01/2012 Rates Fringes MARBLE FINISHER ..................$ 27.04 10.66 TILE FINISHER ....................$ 22.37 9.19 TILE LAYER .......................$ ---------------------------------------------------------------- 33.55 13.55 BRCA0018 -010 09/01/2009 Rates Fringes TERRAZZO FINISHER ................$ 26.59 9.62 TERRAZZO WORKER/SETTER ........... ---------------------------------------------------------------- $ 33.63 10.46 CARP0409 -001 07/01/2010 Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer, and solar panels.$ 37.35 11.08 (2) Millwright ..............$ 37.85 11.08 (3) Piledriver /Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) ................$ 37.48 10.58 (3) Piledrivermen /Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) ................$ 37.48 11.08 (4) Pneumatic Nailer, Power Stapler ...............$ 37.60 11.08 (5) Sawfiler ...............$ 37.44 11.08 (6) Scaffold Builder ....... $ 28.55 11.08 (7) Table Power Saw Operator ....................$ 37.45 11.08 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H -Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. Certified Welder - $1.00 per hour premium. CARP0409 -005 07/01/2010 2 of 23 25H-25 8/28/2012 10:39 AM http:// www. wdol. gov/ wdol/ scafiIes /davisbacon/CA35.dvb ?v =9 Rates Fringes Drywall DRYWALL INSTALLER/LATHER .... $ 37.35 11.08 STOCKER/SCRAPPER ............ $ 10.00 6.67 ---------------------------------------------------------------- CARP0409 -008 08/01/2010 Rates Fringes Modular Furniture Installer ...... $ 17.00 7.41 ---------------------------------------------------------------- * ELFC0011 -002 05/28/2012 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer ...................$ 27.25 3% +10.53 Technician ..................$ 29.05 11.80 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and /or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background- foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi - media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and /or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station. Fire alarm work shall be performed at the current inside wireman total cost package. ELEC0441 -001 11/28/2011 Rates Fringes CABLE SPLICER ....................$ 41.99 13.80 ELECTRICIAN ......................$ 40.14 13.75 ---------------------------------------------------------------- * ELEC0441 -003 08/01/2011 COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems) Rates Fringes Communications System Installer ...................$ 28.32 10.25 Technician ..................$ 30.12 10.30 SCOPE OF WORK The work covered shall include the 3 of 23 25H-26 8/28/2012 10:39 AM http:// www. wdol. gov/ wdol/ scafiles /davisbacon/CA35.dvb ?v =9 installation, testing, service and maintenance, of the following systems that utilize the transmission and /or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for TV monitoring and surveillance, background foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi - media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock systems. A. Communication systems that transmit or receive information and /or control systems that are intrinsic to the above listed systems SCADA (Supervisory control /data acquisition PCM (Pulse code modulation) Inventory control systems Digital data systems Broadband & baseband and carriers Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data systems B. Sound and Voice Transmission /Transference Systems Background- Foreground Music Intercom and Telephone Interconnect Systems Sound and Musical Entertainment Systems Nurse Call Systems Radio Page Systems School Intercom and Sound Systems Burglar Alarm Systems Low - Voltage Master Clock Systems Multi- Media /Multiplex Systems Telephone Systems RF Systems and Antennas and Wave Guide C. *Fire Alarm Systems- installation, wire pulling and testing. D. Television and Video Systems Television Monitoring and Surveillance Systems Video Security Systems Video Entertainment Systems Video Educational Systems CATV and CCTV E. Security Systems, Perimeter Security Systems, Vibration Sensor Systems Sonar /Infrared Monitoring Equipment, Access Control Systems, Card Access Systems *Fire Alarm Systems 1. Fire Alarms -In Raceways: Wire and cable pulling in raceways performed at the current electrician wage rate and fringe benefits. Installation and termination of devices, panels, startup, testing and programmming performed by the Technician. 2. Fire Alarms -Open Wire Systems: installed by the Technician. -------------------------------------------------------------- ELEC0441 -004 11/28/2011 Rates Fringes ELECTRICIAN (TRANSPORTATION SYSTEMS, TRAFFIC SIGNALS & STREET LIGHTING) Cable Splicer /Fiber Optic Splicer .....................$ 40.74 13.77 Electrician .................$ 40.14 13.75 Technician ..................$ 30.11 13.75 SCOPE OF WORK: Electrical work on public streets, freeways, toll -ways, etc, above or below ground. All work necessary for the installation, renovation, repair or removal of 4 of 23 25H-27 8/28/2012 10:39 AM http:// www. wdol. gov/ wdol/ scafiIes /davisbacon/CA35.dvb ?v =9 Intelligent Transportation Systems, Video Surveilance Systems (CCTV), Street Lighting and and Traffic Signal work or systems whether underground or on bridges. Includes dusk to dawn lighting installations and ramps for access to or egress from freeways, toll -ways, etc. Intelligent Transportation Systems shall include all systems and components to control, monitor, and communicate with pedestrian or vehicular traffic, included but not limited to: installation, modification, removal of all Fiber optic Video System, Fiber Optic Data Systems, Direct interconnect and Communications Systems, Microwave Data and Video Systems, Infrared and Sonic Detection Systems, Solar Power Systems, Highway Advisory Radio Systems, highway Weight and Motion Systems, etc. Any and all work required to install and maintain any specialized or newly developed systems. All cutting, fitting and bandaging of ducts, raceways, and conduits. The cleaning, rodding and installation of "fish and pull wires ". The excavation, setting, leveling and grouting of precast manholes, vaults, and pull boxes including ground rods or grounding systems, rock necessary for leveling and drainagae as well as pouring of a concrete envelope if needed. JOURNEYMAN TRANSPORTATION ELECTRICIAN shall perform all tasks necessary toinstall the complete transportation system. JOURNEYMAN TECHNICIAN duties shall consist of: Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and comnmunication systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems including interconnect, dector loop, fiber optic cable and video /data. --------------------------------------- * ELEC1245 -001 06/01/2012 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------------------------------------------------- - - - - -- ELEV0018 -001 0110112012 Rates Fringes ELEVATOR MECHANIC ................$ 47.73 23.535 FOOTNOTE: PAID VACATION: Employer contributes 80 of regular hourly rate as vacation pay credit for employees with more than 5 of 23 25H-28 8/28/2012 10:39 AM Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 48.95 14.05 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment) ........... $ 39.09 12.97 (3) Groundman ...............$ 29.91 12.70 (4) Powderman ...............$ 43.71 13.15 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------------------------------------------------- - - - - -- ELEV0018 -001 0110112012 Rates Fringes ELEVATOR MECHANIC ................$ 47.73 23.535 FOOTNOTE: PAID VACATION: Employer contributes 80 of regular hourly rate as vacation pay credit for employees with more than 5 of 23 25H-28 8/28/2012 10:39 AM http:// www. wdol. gov/ wdol/ scafiIes /davisbacon/CA35.dvb ?v =9 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ENGI0012 -003 07/01/2012 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, 6 of 23 25H-29 8/28/2012 10:39 AM Rates Fringes OPERATOR: Power Equipment (All Other Work) GROUP 1 ....................$ 37.40 20.00 GROUP 2 ....................$ 38.18 20.00 GROUP 3 ....................$ 38.47 20.00 GROUP 4 ....................$ 39.96 20.00 GROUP 5 ....................$ 41.06 20.00 GROUP 6 ....................$ 40.18 20.00 GROUP 8 ....................$ 41.39 20.00 GROUP 9 ....................$ 40.41 20.00 GROUP 10 ....................$ 40.41 20.00 GROUP 11 ....................$ 40.58 20.00 GROUP 12 ....................$ 40.58 20.00 GROUP 13 ....................$ 40.68 20.00 GROUP 14 ....................$ 40.71 20.00 GROUP 15 ....................$ 40.79 20.00 GROUP 16 ....................$ 40.91 20.00 GROUP 17 ....................$ 41.08 20.00 GROUP 18 ....................$ 41.18 20.00 GROUP 19 ....................$ 41.29 20.00 GROUP 20 ....................$ 41.41 20.00 GROUP 21 ....................$ 41.58 20.00 GROUP 22 ....................$ 41.68 20.00 GROUP 23 ....................$ 41.79 20.00 GROUP 24 ....................$ 41.91 20.00 GROUP 25 ....................$ 42.08 20.00 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1 ....................$ 38.75 20.00 GROUP 2 ....................$ 39.53 20.00 GROUP 3 ....................$ 39.82 20.00 GROUP 4 ....................$ 39.96 20.00 GROUP 5 ....................$ 40.18 20.00 GROUP 6 ....................$ 40.29 20.00 GROUP 7 ....................$ 40.41 20.00 GROUP 8 ....................$ 40.58 20.00 GROUP 9 ....................$ 40.75 20.00 GROUP 10 ....................$ 41.75 20.00 GROUP 11 ....................$ 42.75 20.00 GROUP 12 ....................$ 43.75 20.00 GROUP 13 ....................$ 44.75 20.00 OPERATOR: Power Equipment (Tunnel Work) GROUP 1 ....................$ 39.25 20.00 GROUP 2 ....................$ 40.03 20.00 GROUP 3 ....................$ 40.32 20.00 GROUP 4 ....................$ 40.46 20.00 GROUP 5 ....................$ 40.68 20.00 GROUP 6 ....................$ 40.79 20.00 GROUP 7 ....................$ 40.91 20.00 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, 6 of 23 25H-29 8/28/2012 10:39 AM http: / /www.wdol.gov /wdol /scafi les /davi sbacon/CA35.dvb ?v =9 Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator- inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt- rubber plant operator (nurse tank operator); Concrete mixer operator -skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt- rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra- hammer -aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power - driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw /Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck /Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger_ or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or 7 of 23 25H-30 8/28/2012 10:39 AM http: / /www.wdol.gov /wdol /scafi les /davisbacon/CA35.dvb ?v =9 similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary- Johnson - Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck); Self - propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1 -1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator- bulldozer, tamper- scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D -5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt- rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast -in -place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self - propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy -duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley- Presswell or similar type); Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber -tired earth - moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber -tired earth - moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber -tired scraper operator (self- loading paddle wheel type -John Deere, 1040 and similar single unit); Self - propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1 -112 yds. up to and including 6 -1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D -5 - 100 flywheel h.p. and over, or similar- bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types 8 of 23 25H-31 8/28/2012 10:39 AM http://www.wdol-gov/wdol/scafiIes/davisbacon/CA35.dvb?v=9 (Calweld 200 B bucket or similar types- Watson 3000 or 5000 auger or similar types - Texoma 900 auger or similar types- drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol -blade operator (single engine); Multiple engine tractor operator (Euclid and similar type- except Quad 9 cat.); Rubber -tired earth - moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber -tired earth - moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6 -1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi- engine); Pipe mobile machine operator; Rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber -tired self- loading scraper operator (paddle- wheel -auger type self- loading - two (2) or more units) GROUP 13: Rubber -tired earth - moving equipment operator operating equipment with push -pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth - moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine -up to and including 25 yds. struck) GROUP 16: Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (single engine, over 50 yds. struck); Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) 9 of 23 25H-32 8/28/2012 10:39 AM http: / /www.wdol.gov /wdol /scafi les /davisbacon/CA3 5.dvb ?v =9 GROUP 18: Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth- moving equipment operator, operating with the tandem push -pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (single engine, over 50 yds. struck); Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator -truck mounted; Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler 10 of 23 25H-33 8/28/2012 10:39 AM http: / /www.wdol.gov /wdol /scafi les /davi sbacon/CA3 5.dvb ?v =9 GROUP 3: A -frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge -type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin- Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and /or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K -crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS 1 1 of 23 25H-34 8/28/2012 10:39 AM http:// www. wdol. gov/ wdol/ scafiIes /davisbacon/CA35.dvb ?v =9 GROUP l: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power - driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power- driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy -duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber - tired, rail or track type); Pneumatic concrete placing machine operator (Hackley- Presswell or similar type); Pneumatic heading shield (tunnel); Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I -15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, RlE, SBM. Continue S along west boundary of RlE, SMB to Riverside County line at the SW corner of T1S, RlE, SBM. Continue E along south boundary of Tls, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of TBS, R10E, SBM. 12 of 23 25H-35 8/28/2012 10:39 AM http: / /www.wdol.gov /wdol /scafi 1 es /davi sbacon/CA35.dvb ?v =9 Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County /California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of TBN, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between TI1N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, TION, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, TBS, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is 13 of 23 25H-36 8/28/2012 10:39 AM http: / /www.wdol.gov /wdol /scafi les /davisbacon/CA3 5.dvb ?v =9 the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RELIEVES BASE RATE ---------------------------------------------------------------- * ENGI0012 -004 08/01/2012 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman ................$ 45.40 20.00 (2) Dredge dozer ............ $ 40.93 20.00 (3) Deckmate ................$ 40.82 20.00 (4) Winch operator (stern winch on dredge) ............ $ 40.27 20.00 (5) Fireman - Oiler, Deckhand, Bargeman, Leveehand ...................$ 39.73 20.00 (6) Barge Mate ..............$ 40.34 20.00 * IRON0002 -004 07/01/2012 Rates Fringes Ironworkers: Fence Erector ...............$ 26.58 16.345 Ornamental, Reinforcing and Structural ..............$ 33.00 24.985 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve - Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center - Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- * LABO0300 -001 07/01/2012 Rates Fringes Brick Tender .....................$ 27.17 17.36 ---------------------------------------------------------------- LAB00300 -003 0710112011 14 of 23 25H-37 8/28/2012 10:39 AM LABORER (GUNITE) GROUP 1 .....................$ GROUP 2 .....................$ GROUP 3 .....................$ LABORER (TUNNEL) GROUP 1 .....................$ GROUP 2 .....................$ GROUP 3 .....................$ GROUP 4 .....................$ LABORER GROUP 1 .....................$ GROUP 2 .....................$ GROUP 3 .....................$ GROUP 4 .....................$ GROUP 5 .....................$ http: / /www.wdol.gov /wdol /scafi les /davisbacon/CA3 5.dvb ?v =9 Rates Fringes 30.04 14.20 29.09 14.20 25.55 14.20 32.20 15.98 32.52 15.98 32.98 15.98 33.67 15.98 26.33 16.00 26.88 16.00 27.43 16.00 28.98 16.00 29.33 16.00 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and /or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal -to- portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75' -0" above base level and which work must be performed in whole or in part more than 75' -0" above base level, that work performed above the 75' -0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and /or water pipeline laborer; Laborer, asphalt- rubber material loader; Laborer, general or construction; Laborer, general clean -up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and /or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power 15 of 23 2 5 H —3 V 8/28/2012 10:39 AM http: / /www.wdol.gov /wdol /scafi les /davisbacon/CA35.dvb ?v =9 broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2 -1/2 ft. drill steel or longer; Dri- pak -it machine; Gas, oil and /or water pipeline wrapper, 6 -in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi - plate; Kettle person, pot person and workers applying asphalt, lay -kold, creosote, lime caustic and similar type materials ( "applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come - alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand - propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand - guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non - metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster ;nozzle person), water blasting, Porta Shot -Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person 16 of 23 25H-39 8/28/2012 10:39 AM http://www.wdol.gov/wdol/scafiles/davisbacon/CA35.dvb?v=9 GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.); Vibrator person, jack hammer, pneumatic tools (except driller) GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and /or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen ---------------------------------------------------------------- LAB00300 -005 08/05/2009 Rates Fringes LABORER PLASTER CLEAN -UP LABORER .... $ 26.65 15.95 PLASTER TENDER ..............$ 29.20 15.95 ---------------------------------------------------------------- LAB00882 -002 0110112010 Rates Fringes Asbestos Removal Laborer ......... $ 26.15 11.65 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos - containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. LABO1184 -001 07/01/2011 17 of 23 25H-40 8/28/2012 10:39 AM Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer ... $ 28.01 11.48 (2) Vehicle Operator /Hauler.$ 28.18 11.48 (3) Horizontal Directional Drill Operator ..............$ 30.03 11.48 (4) Electronic Tracking Locator .....................$ 32.03 11.48 Laborers: (STRIPING /SLURRY SEAL) GROUP 1 .....................$ 28.50 14.56 GROUP 2 .....................$ 29.80 14.56 17 of 23 25H-40 8/28/2012 10:39 AM GROUP 3 .....................$ 31.81 GROUP 4 .....................$ 33.55 LABORERS - STRIPING CLASSIFICATIONS http: / /www.wdol.gov /wdol /scafi I es /davisbacon/CA3 5.dvb ?v =9 14.56 14.56 GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment ---------------------------------------------------------- - - - - -- PAIN0036 -001 01/01/2012 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint (excludes San Diego County) ...............$ 26.05 10.35 (2) All Other Work .......... $ 29.32 10.35 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. ---------------------------------------------------------- - - - - -- PAIN0036 -008 10/05/2011 Rates Fringes DRYWALL FINISHER/TAPER ........... $ 33.22 13.81 PAIN0036 -015 06/01/2012 Rates Fringes GLAZIER ..........................$ 38.95 19.83 18 of 23 25H-41 8/28/2012 10:39 AM http:// www. wdol. gov/ wdol/ scaftles /davisbacon/CA35.dvb ?v =9 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up ---------------------------------------------------------------- PAIN1247 -002 05/01/2012 Rates Fringes SOFT FLOOR LAYER .................$ 30.85 10.54 ---------------------------------------------------------------- PLAS0200 -009 08/01/2011 Rates Fringes PLASTERER ........................$ 35.29 12.05 ---------------------------------------------------------------- PLAS0500 -002 10/01/2011 Rates Fringes CEMENT MASON /CONCRETE FINISHER ... $ 35.38 14.72 ---------------------------------------------------------------- * PLUM0016 -001 07/01/2012 Rates Fringes PLUMBER /PIPEFITTER Plumber and Pipefitter All other work except work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space and work on strip malls, light commercial, tenant improvement and remodel work .......................$ 41.60 19.68 Work ONLY on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space .................$ 40.33 18.70 Work ONLY on strip malls, light commercial, tenant improvement and remodel work ........................$ 32.49 17.03 * PLUM0345 -001 07/01/2012 Rates Fringes PLUMBER Landscape /Irrigation Fitter.$ 27.35 17.09 Sewer & Storm Drain Work .... $ 31.00 16.01 ---------------------------------------------------------------- ROOF0036 -002 08/01/2011 Rates Fringes ROOFER ...........................$ 34.65 10.71 19 of 23 25H-42 8/28/2012 10:39 AM http: / /www.wdol.gov /wdol /scafi les /davi sbacon/CA35.dvb ?v =9 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay. ---------------------------------------------------------------- SFCA0669 -008 04/01/2012 DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER .................$ 33.43 19.23 ---------------------------------------------------------------- SFCA0709 -003 01/01/2012 SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER (Fire) .......... $ 40.56 23.62 ---------------------------------------------------------------- * SHEE0105 -003 07/01/2012 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes SHEET METAL WORKER (1) Commercial - New Construction and Remodel work ........................$ 41.45 20.41 (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails, excluding aritechtural sheet metal work, excluding A -C, heating, ventilating systems for human comfort ... ---------------------------------------------------------------- $ 35.75 26.41 TEAM0011 -002 07/01/2011 Rates Fringes TRUCK DRIVER GROUP 1 ....................$ 26.79 20.84 GROUP 2 ....................$ 26.94 20.84 GROUP 3 ....................$ 27.07 20.84 GROUP 4 ....................$ 27.26 20.84 GROUP 5 ....................$ 27.29 20.84 GROUP 6 ....................$ 27.32 20.84 GROUP 7 ....................$ 27.57 20.84 GROUP 8 ....................$ 27.82 20.84 GROUP 9 ....................$ 28.02 20.84 20 of 23 25H-43 8/28/2012 10:39 AM http:// www. wdol. gov/ wdol/ scafiles /davisbacon/CA35.dvb ?v =9 GROUP 10 ....................$ 28.32 20.84 GROUP 11 ....................$ 28.82 20.84 GROUP 12 ....................$ 29.25 20.84 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP l: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete truck, less than 6 -1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6 -1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person /welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. 21 of 23 25H-44 8/28/2012 10:39 AM http:/ /www.wdol.gov /wdol /scafiles /davi sbacon/CA35.dvb ?v =9 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non - union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198 -005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate /collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rate. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004 -007 5/13/2010. SU indicates the rates are not union rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS l.) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter 22 of 23 25H-45 8/28/2012 10:39 AM http://www.wdol.gov/wdol/scafi 1 es /davi sbacon/CA3 5. dvb ?v =9 * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 23 of 23 25H-46 8/28/2012 10:39 AM EXHIBIT E ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY 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 92701; its officers, employees, agents, volunteers and representatives 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 respecttothe 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 cancelled, 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 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective , this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative 25H -47 wmmlf•� FUNDING ANALYSIS PROJECT NO. 11 -7532 COMMUNITY CENTER Construction Reimbursement Agreement $2,375,000 Inspection /Oversight $237,500 Contingencies $237,500 TOTAL ESTIMATED COST $2,850,000 EXHIBIT 2 WONEV 25H -50 JOINT USE AGREEMENT BY AND BETWEEN SANTA ANA UNIFIED SCHOOL DISTRICT AND THE CITY OF SANTA ANA (GARFIELD ELEMENTARY SCHOOL) THIS JOINT USE AGREEMENT ( "Agreement ") is made and entered into to be effective on the _ day of , 2012, by and between the Santa Ana Unified School District ( "District'), a public school district duly organized and existing under the laws of the State of California, and the City of Santa Ana ( "CITY "), a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California. RECITALS: 1. The District owns and operates Garfield Elementary School which is located at 850 Brown Street, Santa Ana, California ( "School'), and has property on the School site that is suitable for use for community programs. 2. California Education Code §10900 et seg. authorizes the District to organize, promote and conduct programs for community recreation, and to cooperate in providing community recreation programs and facilities. 3. The City and District desire to undertake a coordinated use of a 10,000 sq. ft. Community Center on the School site ( "Community Center ") to allow maximum use by community residents in order to coordinate, schedule and conduct community programs. 4. The coordinated use of the Community Center is intended to benefit the families that live in the immediate vicinity of Garfield Elementary School. 5. The partnership between the City and District created by this Joint Use Agreement is intended to improve general health and wellness for the residents of the Garfield community. 6. City and District desire to enter into this Agreement to provide for joint use and maintenance of the Community Center, and parking lots at Garfield School. AGREEMENT: NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions herein contained, the parties hereto agree as follows- 1 . DEFINITIONS. The following definitions shall apply to the terms as used in this Agreement: A. Joint Use Facilities" shall mean the Community Center and parking lots, but not the 2nd floor of the Community Center, which is available for City use and programming at all times, all as identified in Exhibit "A" attached hereto, EXHIBIT 3 25H -51 B. "Technical Advisory Committee" shall mean that certain committee created and appointed by the City Manager of the City and the Superintendent of the District pursuant to the Joint Use Agreement between the parties pertaining to the Godinez High School at Centennial Park. The Technical Advisory Committee shall be responsible for resolving conflicts in scheduling of the Joint Use Facilities at Garfield School. C. "Regular School Hours" shall mean 8:00 am through 4:00 pm, Monday through Friday (excluding state and national holidays observed by the District) unless changed by agreement of the parties. D. "District Time" shall mean the time during Regular School Hours, when the District shall have the right to schedule use of the Joint Use Facilities. E. "City Time" shall mean those days and hours, outside of Regular School Hours and weekends, when the City shall have the right to schedule use of the Joint Use Facilities. F. "School" shall mean the specific District school identified in the above Recitals. 2. TERM AND COMMENCEMENT. This Agreement shall commence on , 2012, and shall run for a term of 30 years. Upon the written agreement of the parties, the term may be extended for up to two additional ten (10) year terms. 3. PERMITTED USE OF FACILITIES. The rights of the City to schedule use of the Joint Use Facilities shall be determined based on the following, District Use. District shall have the right, without prior consent of the City, to schedule use of the Joint Use Facilities during Regular School Hours for both the regular school year and any summer school and, on a first priority basis, for activities during City Time upon timely notice to the City and in compliance with the provisions, herein ( "District Use "). However, if City has already scheduled a program for the 1St Floor, then District shall use its reasonable efforts to provide City with an acceptable alternate location on the Garfield School Site. 1) District Use shall not include use of the 2nd floor of the Community Center. 2) A separate point of access or agreed upon control system will be provided for the City's use of the 2nd floor of the Community Center. B. City Use and Overall Programming Responsibilities 1) CITY shall have exclusive use of the 2 "d floor of the Community Center and the parking lot located north of the Community Center during school hours. During non - school hours and weekends, City shall have access and use of all parking lots on the Garfield site. EXHIBIT 3 25H -52 2) The CITY shall be responsible for and have the authority to schedule use of the Joint Use Facilities during City Time. 3) The CITY shall establish a system to provide for the coordination and scheduling of its use of the Joint Use Facilities, including a procedure for reserving the use of the Joint Use Facilities. C. District Priority for Use of Joint Use Facilities. Priority will be given to any School or District need for the use of the Joint Use Facilities during City Time. The City shall inform third -party organizations that those organizations may not have use of the Joint Use Facilities due to District Use during City Time. If one of those organizations is unable to use the Joint Use Facilities during City Time because of a District Use, the District will use its reasonable efforts to attempt to find an acceptable alternative location on the Garfield School site for that organization's use during the time of District Use. E. City Programming. The City may conduct programs itself or do so through a third party, so long as they are done in the same manner and under the same conditions as programming in other City facilities and so long as they meet any applicable State and Federal anti - discrimination requirements and school -site safety standards, such as the prohibition of alcoholic beverages and tobacco. The City shall also comply with all restrictions on admission fees or other charges per Education Code Section 10900, et seq., when it charges and collects and retains reservation fees, user fees or other charges for City Use of Joint Use Facilities. The City shall not charge the District and the District shall not the rge the City for any use of the Joint Use Facilities and /or the 2nd floor of the Community Center. District acknowledges that the funds being provided by City for the Community Center are received by City pursuant to the CDBG Program, as amended, and that expenditures of CDBG funds must be in accordance with the CDBG Program and its requirements (24 CFR 570.503 and 24 CFR 570.504). Upon the expiration of this Agreement, any unexpended CDBG funds received by District shall be returned to City unless otherwise provided for in this Agreement or directed by the City. D. Scheduling Conflicts. To the extent scheduling conflicts cannot be resolved informally by the parties, the Technical Advisory Committee shall be responsible for resolving conflicts in the Joint Use Facilities at the School. D. Insurance. The CITY shall insure that, as to the reservation of use of the Joint Use Facilities by persons and organizations, that each such person or organization shall have in effect at the time of use general liability insurance coverage in the amount of at least $1,000,000 per occurrence, and that the City and District are named as additional insureds on the applicable insurance policies. E. Supervision of Joint Use Facilities EXHIBIT 3 25H -53 1) The District shall be responsible for appropriate supervision while using the Joint Use Facilities; 2) The City shall be responsible for appropriate supervision while using the Joint Use Facilities. The City shall provide a level of supervision and security commensurate with that provided at City -owned facilities at all times while using Joint Use Facilities (and for reasonable periods of time immediately prior to and following such use). 4. Repair, Maintenance and Utilities A. Except as indicated herein, District shall be responsible for and pay all necessary costs of the Joint Use Facilities incurred for the following: 1) All maintenance and repairs; 2) Additionally, at the end of each use of the 2nd floor of the Community Center, the District shall return it to its original state, including the timely repair of any damage done during the District's use. B. CITY shall be responsible for and pay all necessary costs on the 2nd floor of the Community Center incurred for the following: 1) All maintenance and repairs; 2) Additionally, at the end of each use of the Joint Use Facilities, the CITY shall return it to its original state, including the timely repair of any damage done during the City's use. C. Written notification of any damage shall be made known to the other party within five (5) working days of the discovery of damage. D. Utilities. 1) The DISTRICT will pay for all electrical costs for the Joint Use Facilities. 2) The CITY will pay for all electrical costs for the 2nd floor of the Community Center. 5. Further Fundinq Sources. The parties to this Joint Use Agreement will cooperate in good faith to seek further funding for improvements to the Joint Use Facilities and other common areas at the School and agree that if such funding and improvements are made, that this Joint Use Agreement will be amended to encompass the renovated areas and additional provisions related thereto. 6. Materials and Equipment. 25H -54 EXHIBIT 3 A. The CITY shall supply all equipment and supplies to be provided or shared by the parties in carrying out the programs by this Agreement for the 2nd floor of the Community Center. B. The District shall supply all equipment and supplies to be provided or shared by the parties in carrying out the programs by this Agreement for the Joint Use Facilities. 7. Change in Use Of Joint Use Facility. Since Community Development Block Grant (CDBG) funds are being used for construction of the Joint Use Facility, and to the extent required by applicable statutes or regulations, the use or planned use of any such property (including the beneficiaries of such use) from that for which the acquisition or improvement was made, cannot be changed, unless the City as the recipient and the District as the subrecipient, provide affected citizens with reasonable notice of, and opportunity to comment on, any proposed change, and either: A. The new use of such property qualifies as meeting one of the national objectives in 24 CFR Sec. 570.208 (formerly Sec. 570.901) and is not a building for the general conduct of government; or B. The following requirements are met: If the recipient determines, after consultation with affected citizens, that it is appropriate to change the use of the property to a use which does not qualify under this section, it may retain or dispose of the property for the changed use if the recipient's CDBG program is reimbursed in the amount of the current fair market value of the property, less any portion of the value attributable to expenditures of non -CDBG funds for acquisition of, and improvements to, the property. C. If the change of use occurs after closeout, the provisions governing income from the disposition of the real property in 24 CFR Sec. 570.504(b)(4) or (5), as applicable, shall apply to the use of funds reimbursed. D. Following the reimbursement of the CDBG program in accordance with this section, the property no longer will be subject to any CDBG requirements. 8. Cooperation of the Parties. The City and District shall cooperate and take all actions necessary to achieve the purposes of this Agreement. Each party shall designate a particular person to be responsible for the performance of that party's duties and responsibilities pursuant to this Agreement. 9. Liability And Indemnification. A. The City shall be solely financially responsible for damages caused by or during City Use. B. The City shall indemnify, defend, and hold harmless District, its officers, agents, employees, representatives, and volunteers from damage to property and for injury to or death of any person and from all claims, demands, actions, liability, or EXHIBIT 3 25H -55 damages of any kind or nature arising out of or in connection with City Use, activities or programs sponsored by City under this Agreement, third party activities programmed or sponsored by the City, and City programming outside of City Time, except to the extend those which arise out of a dangerous /defective condition of District property or due to the sole negligence of the District. C. The District shall indemnify, defend, and hold harmless the City, its officers, agents, employees, representatives, and volunteers from damage to property and for injury to or death of any person and from all claims, demands, actions, liability, or damages of any kind or nature arising out of its operation of the School, including use, operation, maintenance and repair of the Joint Use Facilities, except as provided in "B" above. 10. Insurance. Both the City and the District shall maintain, for the period covered by this Agreement, at their own respective costs, their own respective policy or policies of general liability insurance and property insurance. Each party waives subrogation of its insurance coverage for the other entity. Self- insurance authorized by state law and /or maintained by the City or the District in the regular course of business for its other activities shall satisfy this requirement. 11. Notices. All notices, statements, demands, requests, consents, approvals, authorizations, appointments, or designations hereunder by either party to the other shall be in writing and shall be deemed given and served upon the other party, if delivered personally or three (3) days after depositing in the United States mail, postage prepaid, addressed as follows. CITY: Attn.: Gerardo Mouet, Executive Director, Parks, Recreation & Community Services Agency 20 Civic Center Plaza, M -75 P.O. Box 1988 Santa Ana, CA 92702 SAUSD: Attn.: Joe Dixon Assistant Superintendent, Facilities & Governmental Relations Santa Ana Unified School District 1601 E. Chestnut Avenue Santa Ana, Ca, 92701 12. Governinq Law. This Agreement will be governed by and construed in accordance with the laws of the State of California. Any legal action in which enforcement of the terms and conditions of this Agreement is requested, or in which it is alleged that a breach of this Agreement has taken place, shall be filed and prosecuted in the County of Orange, California. 11 Breach of Agreement. If either party defaults in the performance of any of the terms or conditions of this Agreement, it shall have thirty (30) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the defaulting party fails to cure its default within such period of time or provides notice to the other party of the defaulting party's diligent EXHIBIT 3 25H -56 efforts to cure the default, the non - defaulting party shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of a party to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement. 14. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 15. Successors and Assigns. The terms and conditions of this Agreement shall be binding on the successors and assigns of the parties to this Agreement. EXHIBIT 3 25H -57 ACCEPTED AND AGREED as of the last date written below: Dated: By: Print Name Print Title: Dated: By: Print Name: Print Title: City of Santa Ana Maria D. Huizar Clerk of the City Council Paul Walters City Manager Approved as to Form Dated: By: Print Name: Sonia R. Carvalho, City Attorney Print Title: By Lisa E. Storck, Assistant City Attornev 20 20 Santa Ana Unified School District Dated: 20_ By: Print Name: Joe Dixon Print Title: Assistant Superintendent, Facilities & Governmental Relations Dated: By: Print Name Print Title: 20 Michael P. Bishop, Sr. Deputy Superintendent, Operations Approved as to Form Dated: By: Print Name: Philip J. Henderson Print Title: Attorney, Orbach Huff & Suarez 20_ EXHIBIT 3 iOPJiSIG IOOHOS G31:JlNnVNV ViNVS IOOHOS ik2]ViN3AD]3 4131JHV!D 133a1s Lilt LU ui o 13321IS 419 LJ 0 Lu LU of 133211," 419 U) �_:_ re is REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2012 TITLE: AGREEMENT FOR GIS PROGRAMMING AND CONSULTING SERVICES N N... e Eq��� RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Redlands Software Inc. to provide GIS programming and technical services to the Public Works Agency for an amount not -to- exceed $120,000 in Fiscal Years 2012 -2013 and 2013 -2014, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency operates the Geographic Information System (GIS), a vital citywide application that provides data analysis, maps, and aerial photography to all agencies of the City. This system is also used by users outside the city; at this time by Council candidates. In addition to providing printed maps and spatial analytic services, the GIS Section is working on an updated web viewer application which is used by many City employees on a daily basis to find parcel ownership, tax data information and to locate scanned engineering drawings in the Public Works Agency Electronic Document Management System (EDMS). A separate GIS web application is also under development that will allow the public to view citywide geographic layers such as Council Wards or Zoning. Programming and technical services are needed to assist with the implementation of these projects. The work to be done includes assisting Agency staff with project design and set -up, programming and technical database support. Several years ago the City solicited proposals for these services. At that time, only one firm submitted a proposal. The contract was awarded to Redlands Software Inc. This contractor has the required expertise and has provided valuable support to the operation. Ongoing programming support is expected for assistance with the migration of the existing Intergraph data to the new ESRI data format, custom application development for ArcGIS Server, integration of the SAGIS /SAPIN systems, continuation of the EDMS and support to other agency programs. 251 -1 Agreement for GIS Programming and Consulting Services September 4, 2012 Page 2 Staff is recommending approval of a new agreement with Redlands Software Inc. for these programming services. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The proposed agreement will have a limit of $120,000 for each year. Funds to pay for services required in Fiscal Year 12 -13 are available and budgeted in the Public Works Administration account for contract services (accounting unit 10117601- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: A Ns�!,s�s� . Raul Godinez II U Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency RG /tic Exhibit: 1: Agreement 251 -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 4`h day of September, 2012 by and between Redlands Software 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 skill and knowledge in the field of Geographic Information System programming and technical services. B. Consultant represents that it 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 it 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 provide Geographic Information System (GIS) programming and technical services, as set forth in Exhibit A to this Agreement. Consultant shall work at the direction of GIS Administrator and/or Administrative Services Manager of City of Santa Ana Public Works Agency. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION 1. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. Consultant shall not provide services in excess of $10,000 per month. The total sum to be expended under this Agreement shall not exceed $120,000.00, annually, during the term of this Agreement. 251 -3 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 reasonal: ly be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on October 31, 2014, unless terminated earlier in accordance with Section 13, below. 5. 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. 6. 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: 2. 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 and not contributory 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, 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 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. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 2 251 -4 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 canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 4. 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. 7. 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 death, 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. 8. 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 251 -5 operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. 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. 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 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 Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -5654 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 Consultant: Redlands Software Inc. 2656 Redlands Drive Costa Mesa, CA 92627 Attn: Richard McFarland A party may change its address by giving notice in writing to the other party. Thereafter, 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 4 251 -6 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 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. 12. 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 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. 13. 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: 5. Asa 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. 14. 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. 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 5 251 -7 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 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. 17. MISCELLANEOUS PROVISIONS 6. 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: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: _ Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director Public Works Agency CITY OF SANTA ANA PAUL M. WALTERS City Manager REDLANDS SOFTWARE, INC. RICHARD MCFARLAND President 0 251 -8 EXHIBIT A SCOPE OF SERVICES The consultant shall perform consulting, design, analysis and programming services of GIS data in an ESRI / Intergraph / Windows OS environment. The Consultant's services shall include, but not be limited to, the following: 1. Consultant shall provide ongoing programming support to assist City staff with the migration of the existing Intergraph data to the ESRI data format, custom application development for ArcGIS Server, integration of the SAGIS /SAPIN systems, continuation of the EDMS and support of additional programs as requested by City. 2. Consultant will provide the programming and technical services necessary to assist the Public Works Agency with implementing a web -based viewer GIS application to allow City employees to find parcel ownership and tax data information. The viewer applications will be based on the Digital Map Products CityGIS platform and /or the ArcGIS Server platform. 3. Consultant will provide ongoing programming support for the custom developed EDMS index application and its integration with the aforementioned web -based GIS application to facilitate the spatial location of scanned engineering drawings in the Public Works Agency Electronic Document Management System (EDMS). 4. Additionally, Consultant will assist City staff in the implementation of a public facing GIS web application which will provide access to citywide geographic layers such as Council Wards or Zoning. 5. Consultant's assistance services may also include project design and set -up, programming and technical database support for various agency applications. 7 251 -9 CONSULTANT GIS Consultant Principal GIS Analyst GIS Analyst GIS Technician Clerical Direct Charges Indirect Charges or Overhead Materials or Supplies Other Consultant typically charges its GIS Analyst in two categories: GIS Analyst 2 GIS Analyst I EXHIBIT B FEESCHEDULE HOURLY RATE $100.00 $100.00 $85.00 $45.00 $35.00 At cost or N/A N/A At cost or N/A At cost or N/A ,$85.00 $65.00 The GIS Analyst I will be utilized when the work does not require a GIS Analyst 2. 8 251 -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2012 TITLE 2010 -2011 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENTS �ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve a substantial amendment to the 2010 -2011 Annual Action Plan approving the reallocation of Community Development Block Grant funds, and authorize its submittal to the U.S. Department of Housing and Urban Development; 2. Approve a substantial amendment to the 2010 -2011 Annual Action Plan revising the NSP3 Target Geography Area, and authorize its submittal to the U.S. Department of Housing and Urban Development; 3. Approve the amendment of the Foreclosed Homes Acquisition Program. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its regular meeting of August 21, 2012, by a vote of 7:0, the Community Redevelopment and Housing Commission recommended that the City Council: (1) Approve a substantial amendment to the 2010 -2011 Annual Action Plan approving the reallocation of Community Development Block Grant funds, and authorize its submittal to the U.S. Department of Housing and Urban Development; (2) Approve a substantial amendment to the 2010 -2011 Annual Action Plan revising the NSP3 Target Geography Area, and authorize its submittal to the U.S. Department of Housing and Urban Development, and (3) Approve the amendment of the Foreclosed Homes Acquisition Program. DISCUSSION In May 2010, the City submitted to the U.S. Department of Housing and Urban Development (HUD) an Annual Action plan. The Annual Action Plan is the document whereby the City formally applies to HUD for the annual federal grant allocations (CDBG, HOME, ESG, and HOPWA) and describes how those grant funds will be utilized. 29A -1 2010 -2011 Substantial Amendments September 4, 2012 Page 2 On October 18, 2010, the City Council took several actions pertaining to the financing and development of a 10,000 square foot community center at Garfield Elementary School, allocating $2.5 million in Community Development Block Grant (CDBG) funds for the project. The concept of a community center evolved as part of the extensive outreach effort conducted for the Station District housing project, and associated Transit Zoning Code. The proposed community center is being developed in partnership with the Santa Ana Unified School District ( SAUSD) in conjunction with renovation and expansion of the Garfield school facilities. Since the time of the original funding action, staff has been working diligently with SAUSD staff to facilitate the project, with SAUSD serving as the lead on the design and construction process. Concurrent with the project design, staff facilitated meetings with community members to identify their needs and priorities for the community center. Subsequent to receiving the required plan approval from the State Architect's Office, SAUSD competitively bid the work, with the lowest bid coming in above the school district's original estimate. After additional value engineering and other cost reducing measures, the estimated cost (hard and soft) are approximately $3,800,000. The increase is proposed to be funded with school district funding and reallocated CDBG funds. In compliance with federal requirements, the City drafted a Substantial Amendment to the 2010- 2011 Annual Action Plan (Exhibit 1) to utilize CDBG dollars returned from programs and cancelled projects at the end of the 2011 -2012 fiscal year and be designated to assist in the funding of the community center project. Legal notice for the CDBG substantial amendment was published in the Orange County Register, La Opinion and Nguoi Viet News on July 30, 2012. In addition to the Substantial Amendment above, the City will be further modifying its 2010 -2011 Annual Action plan with regards to its NSP 3 program. On February 28, 2011, the City submitted to HUD a Substantial Amendment to its 2010 -2011 Annual Action Plan, which authorized the NSP 3 program. This Substantial Amendment created and established the Target Geography Area in which the NSP 3 program would operate. The target area has been modified since its inception, but there still are insufficient foreclosed and abandoned homes within this area. After receiving additional clarification from HUD staff, City staff is recommending that the Target Geography Area be revised to match the NSP 2 Target Geography Area (Exhibit 2). Legal notice for NSP3 substantial amendment was published in the Orange County Report, La Opinion and Nguoi Viet News on August 1, 2012. Lastly, the City will be amending the Foreclosed Homes Acquisition Program (Program). Previously, the Program had a resale restriction which required the homeowner to specifically sell to another affordable homeowner. This restriction narrowed the property owners' ability to sell their homes, and for banking institutions to provide loans. Therefore, staff is recommending that the Program be amended to allow for recapture. This change would allow the homeowner to sell to a non - affordable homeowner where funds will be repaid, which then will be reprogrammed for other affordable housing activities. This amendment also is consistent with the resale provisions of the 2010 -2011 Substantial Amendments September 4, 2012 Page 3 Neighborhood Stabilization Program. While this action is an amendment to the Program, it is not a substantial amendment as defined in the City's 2010 -2015 Consolidated Plan (Exhibit 3). FISCAL IMPACT There is no fiscal impact is associated with the submittal of these amendments. rcL� cb -trilo ncy T. Edwards Interim Executive Director Community Development Agency NTE /SLB /FH /kg Exhibit: 1. 2010 -2011 Annual Action Plan Substantial Amendment — CDBG 2. 2010 -2011 Annual Action Plan Substantial Amendment — NSP3 3. Foreclosed Homes Acquisition Program Description We "MA CITY OF SAN N N UAL U PDATE STANTIAL AMENDMENT 29A -5 EXHIBIT 1 2010/11- 2014 -15 CITY OF SANTA ANA CONSOLIDATED PLAN ( SUBSTANTIAL AMENDMENT TO THE 2010/11 ACTION PLAN SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2010 -2011 ACTION PLAN INTRODUCTION This is the Substantial Amendment to the City of Santa Ana's Fiscal Plan, which was submitted to the U.S. Department of Housing and on May 15, 2010. This Amendment is necessary to allow the Cit of the construction of a community center. -4 SUBSTANTIAL AMENDMENT Community Center 11 Annual Action dopment (HUD) Iditional funding In May 2010, the City submitted to the U.S. Departm H and Urban Development (HUD) an Annual Action plan. This plan included an allo f CDBG funds for the purpose of constructing a community center on the si f Garfield Ele ry. This project will be completed in collaboration with the Sant d School ct (SAUSD). At the time, the project was in the very early stages and st id n cost ate. Since then the SAUSD has requested cost proposals from q 'fled hich have been recently received and reviewed by SAU the Cit st proposals exceeded SAUSD estimates. For this reason the City dra stantia endment to the 2010 -2011 Annual Action Plan to reallocated fund articip further, CDBG to in the funding of the community center. T st of th munity c r is estimated to be $3,850,000. City staff will be reallocating pa nd ects and funds returned from programs /projects at the e 2011 -201 fiscal year to assist in the funding of the community 07/30/2012 1 SUBSTANTIAL AMENDMENT TO THE 2010 -2011 ANNUAL ACTION PLAN 29A -7 SUBSTANTIAL AMENDMENT TO THE 2010/11- 2014/15 CITY OF SANTA ANA CONSOLIDATED PLAN 2010/11 ACTION PLAN P RC SUBSTANTIAL AMENDMENT TO THE 2010 -2011 ANNUAL ACTION PLAN F PERIOD 07/30/2012 2010/11- 2014 -15 CITY OF SANTA ANA CONSOLIDATED PLAN I SUBSTANTIAL AMENDMENT TO THE 2010/11 ACTION PLAN ACTUAL PROOF OF PUBLICATION TO BE SUBMITTED WITH FINAL DRAFT NOTICE OF PUBLIC HEARING TO BE HELD BY THE COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION OF THE CITY OF SANTA ANA ON THE PROPOSED SUBSTANTIAL AMENDMENT TO THE CITY OF SANTA ANA CONSOLIDATED PLAN ANNUAL UPDATE 2010 -2011 AND COMMENCEMENT OF THE 30 -DAY COMMENT PERIOD NOTICE IS HEREBY GIVEN that the Community Redevelopm nd Housing Commission of the City of Santa Ana will conduct a public August 21, 2012 at 6:00 p.m. at the City Council Chambers, 22 Civic Cente za, Ana, CA 92701 on proposed substantial amendment to the City's Cons ated Plan I Update for 2010 -2011. On September 4, 2012 on or about 6:0 at the City Co Chambers, the City Council will take action on the est to authorize sub I of the substantial amendment to the U.S. Departmen ousin Urban Development (HUD). The City had allocated funding as part the 2010 -20 hLnual update for the construction of a community center. sed subs I amendment redirects Community Development Block Grant to pa ate in the funding of the construction of the community center. ing ted for this project is estimated to be $3,850,000. 30 -Day Public Comme iod a 30- ublic comment period for the draft substantial amendm III com ce on J 1, 2012 and will end on August 29, 2012. The draft su tial a all available for public inspection at the following locations M t ing normal business hours: Housing Department -20 IV- Ce aza, 3rd Floor; Community Development Agency -20 Civic Cent Flo ffice of the Clerk of the Council -20 Civic Center Plaza, Room 8 nd the Pub . rary -26 Civic Center Plaza, Santa Ana, CA 92701 . t wil o be available on the City website http://www.santa- ritten comments must be submitted to the Community above locations on or before August 29, 2012. The ana.ol antial amen a /default.as Develop Agency at Publish: Ju 07/30/2012 • J SUBSTANTIAL AMENDMENT TO THE 2010 -2011 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENT TO THE 1 2010/11- 2014/15 CITY OF SANTA ANA CONSOLIDATED PLAN 2010/11 ACTION PLAN SUMMARY OF PUBLIC COMMENTS SUMMARY OF PUBLIC COMMENTS RECEIVED DURING 30 -DAY COMMENT PERIOD AND STAFF RESPONSE Pending 8/21) Pendi SUBSTANTIAL AMENDMENT TO THE 2010 -2011 ANNUAL ACTION PLAN 29A -10 07/30/2012 2010/11- 2014 -15 CITY OF SANTA ANA CONSOLIDATED PLAN I SUBSTANTIAL AMENDMENT TO THE 2010/11 ACTION PLAN 07/30/2012 29A -11 SUBSTANTIAL AMENDMENT TO THE 2010 -2011 ANNUAL ACTION PLAN CPMP Version 2.0 Grantee Name: Santa Ana, CA Project Name: JCitX of Santa Ana CDA - Public Facilit y Improvements Description: I JIDIS Project #: 11771 UOG Code: ICA63342 SANTA ANA CDBG funds to undertake construction of a new community Center. National Objective: Low - /Moderate- Income Benefit - Areawide Benefit 570.208(a)(1) Location: Pr7ori cteedCat cry CT: 0744.05 BG:1,2,3,4 - -CT 0744.06 - — - -- BG:1,2,3-- Cr:0745.01 BG:1 -- Select one: � Ark �- - - - -- _ CT:0746.02 BG:1,2-- CT:0750.02 BG:1,3-- CT:0750.03 BG:2 -- Explanation: CT: 750.04 BG:2- -88.2% LMA Expected Completion Date: Build neighborhood pride by developing a com r in an area of the city that currently lacks recreation and communi ities. 6/30/2012 0 jective Category O Decent Housing * Suitable living Environment O Economic Opportunity aFfi -'Obj S Outcome Categories 1 kTiprove quality /increase fadlitiesforlwvinmrrepesors V ❑� Availability/Accessibility ❑ Affordability _ 2 ❑ Sustainability 3 Proposed 1 T 1W 11 Public Facilities +' Underway C O E com al C Aaaorpl. Type: . Aaannp. Type: v — o a 'o E 0. u Aaomtpl. Type: Aaaonp. Type: Q Propose ormance Measure Actual Outcome evelo -use community center Improve con that cont ri to neighbor pride 03E ities 570.201(c) 'W Matrix Codes Matrix Codes W Matrix Codes Matrix Codes 'W Matrix Codes „q CDBG Proposed Amt. $ 3,850,000 Find Actual Amount } Fund source Fund Source E i Aaaonpl. Type:Aoaorrpl. Type: D1 O a Aaaonpl. Type:, 1W Aaoon,f�l. Tyra: i 06/16/11 67 Exhibit QY T� CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY 20 CIVIC CENTER PLAZA, M -25 SANTA ANA, CA 92701 29A -14 SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2010- 2011 ACTION PLAN: NSP 3 TARGET AREA GEOGRAPHY INTRODUCTION They City of Santa Ana's Fiscal Year 2010 -11 Annual ActiAoy bmitted to the U. S. Department of Housing and Urban Development (HU, 2010. The first Substa ntial Amendment consisted of the City's applicar $1,464,113 in Neighborhood Stabilization Program funds made availabl he third round of funding for that program (NSP 3). In order to aeedjJWd. city neede Target Area Geography which met HUD's criteria hich it would s funds. Since that time, there have been insufficie sed and aband within this initial area to meet our goals. After c HUD, the determined that the Target Area Geography sho Title 24 Section 91.505 of the Code of F jurisdictions shall amend their approv� decisions: To make a change in its allo distribution of fue To carry out an , u Consolidated P cludi action plan; To change the The ReguI plans th amen Consist Santa Ana identifies th 1 2 3 ury a these t homes stipulates that participating kmake one of the following ge in the method of any program covered by the ome) not previously described in the , or beneficiaries of an activity. that jurisdictions identify in their citizen participation 6Qetermining what constitutes a substantial ements, the Citizen Participation Plan adopted by the City of of its 2010/11 — 2014/15 Consolidated Five Year Plan t will require a substantial amendment: Changes inT5e use of CDBG funds from one eligible activity to another; An activity is undertaken that was not previously included in the Consolidated Plan or subsequent action plans. More than 30 percent of the most recent annual federal grant allocation is reallocated to other eligible program activities within the fiscal year. The proposed change does not meet any of these criteria. However, the city has determined that its significance is such that a substantial amendment is appropriate. 1 Exhibit 2 29A -15 CITIZEN PARTICIPATION In accordance with 24 CFR 91.105(c)(3) for local governments, the substantial amendment Public Notice was released for citizen review and comments on August 1, 2012. During the 30 -day public comment period from August 1, 2012 through August 31, 2012, the Public Notice for the Draft Substantial Amendment was made available during regular business hours between 8:00 a.m. and 5:00 p.m., Monday through Thursday in the following locations: 1) Housing Department, 20 Civ' enter Plaza, 3rd Floor, 2) Community Development Agency, 20 Civic Center Plaz Floor, 3) Office of the Clerk of the Council, 20 Civic Center Plaza, Room 809, 4) ain Public Library, 26 Civic Center Plaza, Santa Ana, California and 5) on o�f e ' ite. The Community Redevelopment and Housing Commission t ity o to Ana held a public hearing on August 21, 2012, at 6:00 p.m., at the Council C ers, 22 Civic Center Plaza, Santa Ana, California 92701. The Ci uncil of Santa ill hear and vote on this Substantial Amendment to the 2 1 Actio Plan on Se ber 3, 2012. A copy of the public hearing notice is pr ed in A ment 1, along with a summary of citizen comments received at the pu ea ' nd the remainder of the public comment period. The city's responses to the en comments are also included in Attachment 1. _ PRO The Attac this r 2 Exhibit 2 is document as > will be used exclusively in ATTACHMENT 1 PROOF OF PUBLICATION 30 -DAY COMMENT PERIOD & PUBLIC HEARING & SUMMARY OF PUBLIC COMMENTS NOTICE OF PROPOSED ACTION TO BE TAKEN BY THE CITY C CITY OF SANTA ANA RESPECTING A PROPOSED SUBSTANT TO THE CITY OF SANTA ANA 2010 -2011 CONSOLIDATED P NOTICE IS HEREBY GIVEN that the Community Redeve Commission of the City of Santa Ana will conduct a pu at 6:00 p.m. at the City Council Chambers, 22 Civic on a proposed action approving a substantial am ent Consolidated Plan Annual Update. On Septem , 201 City Council Chambers, the City Council will tak n submittal of the substantial amendment to the U.S. Development (HUD). The proposed a endment will Area for its NSP3 grant funds. The draft substantial amendment will to August 31, 2012 at the following to business hours: Housing en Development Agency, is E Council, 20 Civic Ce laza, Plaza, Santa Ana, rnia. submitted to the Hou iv' Publish: 3 Exhibit 2 ALNCIL OF THE IFAMENDMENT ANNUAL UPDATE ousing st 21, 2012 CA 92701 )1 11 ;:00 p.m. at the IFequest to authorize gent of Housing and Urban the City's Target Geography r6view from August 1, 2012 a Friday during normal Center Plaza, 3rd Floor; Community th Floor; Office of the Clerk of the the Main Public Library, 26 Civic Center on the proposed amendment must be August 31, 2012. 29A -17 SUMMARY OF PUBLIC COMMENTS Exhibit 2 QI_d_E:� ATTACHMENT 2: PROPOSED TARGET GEOGRAPHY Exhibit 2 �*1_dglj _ k� a) N p1 d V � 5t Q. is V9a0A Q \ of °o N g. r P J ., a 2� b Q „ a bbL w P� H O ci is 300 IgINVO i O J o N r r-A NVU 'J P nV ONVa0 1S II3SSVI0 P JO AV NXIW A aaVONVIS 15 NIVW w n OV0a8 kVMOVO89 z - > C 1 a3MOld 15 a3f, lj 's b � 1S 737014 i_ o w n ^ c A 3 O �� �� is Io1s1a is loisia9 z m \\ o b 1 luislas 1s Ioislae z o ti Q aV39 _ o ° m O 0 m N ¢ la tt 1S M31AaIVJ `bF `PS 3 Z:r > O (a7 1 M31AHIVJ z h °. � a L - 0 o a o a m w w o O Abe m m es\ anl9 ao9avH `. ante aoeavH �`■ a' s o o° = m L a 1S3dOHM3N L � w O L m o Q1 N z ° o � n rn M M O O N N N � N °- ^ z N z 1i c g Z o 0 0 �*1_dglj FORECLOSED HOMES ACQUISITION PROGRAM Introduction The City of Santa Ana seeks to insure that its neighborhoods are attractive and well maintained. To that end the City has applied for and received $10 million in federal Neighborhood Stabilization Program 2 (NSP2) grant funds. These funds may only be used for the acquisition, rehabilitation and resale of foreclosed upon residential properties located in the city's NSP2 target area. This Foreclosed Homes Acquisition Program (Program) was created to utilize federal HOME Program and Community Development Block Grant Program funds to supplement the NSP funds. Similar to NSP2, the purpose of the Program is to facilitate acquisition, rehabilitation and resale of foreclosed and abandoned homes, and to operate in compliance with the requirements of the NSP2 Program. Existing contracts and procedures established by the City for implementation of its NSP2 grant will also be maintained. When necessary, and when circumstances allow, HOME or CDBG funds allocated for this program may be used in conjunction with NSP funds. In the event of any conflict between NSP regulations and the City's procedures and HOME regulations, the more restrictive will prevail. With certain exceptions called out and treated in the governing statutes, NSP funds have the same regulatory requirements as CDBG. Eligible Use of Funds HOME and CDBG funds may be used to meet the costs of acquisition, rehabilitation, soft costs and developer fees associated with these transactions. Eligible Properties Vacant and foreclosed residential units or parcels suitable for residential development that are located in the target area established by the city for its NSP2 grant are eligible for this Program. When HOME funds are used, the HOME investment per unit shall not exceed the maximum per unit subsidy limit as periodically published by the U.S. Department of Housing and Urban Development (HUD). Whenever HOME funds are used, the value of the property after rehabilitation may not exceed 95 percent of the area median purchase price for that type of housing. The after - rehabilitation value estimate will be completed prior to investment of the HOME funds. In accordance with NSP requirements, homes must be acquired from the foreclosing party at a minimum discount of 1 percent off the as -is appraised value. Eligible Homebuyers To be eligible whenever HOME or CDBG funds are used alone or in conjunction with NSP funds to facilitate the activity, the purchasing household must qualify as low - income. The City will use Section 8 procedures for evaluating household compliance with applicable HOME or CDGB income limits. Effective December 1, 2011, maximum household incomes as adjusted for household size were as follows: EXHIBIT 3 29A -21 Household Size Income Level Household Size Income Level One $53,950 Five $83,250 Two $61,650 Six $89,400 Three $69,350 Seven $95,550 Four $77,050 Eight $101,750 The purchasing household need not be first time homebuyers, but may not currently own another home, including rental property, and must intend to occupy the new home as their principle residence. They must complete a pre - purchase homebuyer counseling program offered by a HUD - approved homebuyer counseling agency. In addition, they must be pre - qualified for a conventional, fixed interest rate mortgage, and must make a minimum down payment of three percent using their own funds. Gift funds or loan funds may not be used for this purpose. Household size may not exceed two persons per bedroom plus one. Sales Price The homes will be sold at a price that is no higher than their appraised after rehabilitation value. Homebuyers will be required to obtain a conventional first mortgage loan, as well as a deferred payment, silent second City loan. The City loans will have a term of 45 years and a 3 percent interest rate. The interest will be forgivable over the 45 year life of the loan. Occupancy and Repayment Restrictions The Program will be operated in accordance with the recapture provisions of the HOME Program. Program participants will be required to maintain their home as their principle place of residence for a period of 45 years. Those who fail to do so will be found in default of their loan agreement, and will be required to repay both the principal and any accrued, unforgiven interest. However, and with the prior approval of the City, the loan may be assumed if the home is sold to another income eligible household who meets the qualifications established for the Program. EXHIBIT 3 T 7. , REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2012 TITLE: CONDITIONAL USE PERMIT NO. 2012 -16 AND VARIANCE NO. 2012 -05 TO PERMIT AN INDOOR SPORTS FACILITY THAT EXCEEDS THE ALLOWABLE BUILDING AND SIGN HEIGHT AT 1441 SOUTH VILLAGE WAY — SENDER ONE CLIMBING LLC, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s1 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2012 -16 as conditioned and Variance No. 2012 -05 as conditioned. PLANNING COMMISSION ACTION On August 13, 2012, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2012 -16 as conditioned, Variance No. 2012 -05 (a) as conditioned to exceed the maximum building height, and Variance No. 2012 -05 (b) as conditioned to allow signage on the building that is higher than 20 feet above the ground for an indoor sports facility by a vote of 6:0 (Turner absent) located at 1441 South Village Way located in the Light Industrial (M1) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Ja . Trevino Executive Director Planning & Building Agency VF:rb Areports \CUP 12 -16 & VA 12 -05 Sender One 1441 Village.cc Exhibit: A. Planning Commission Staff Report 31A-1 'ki r =v , REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: AUGUST 13, 2012 TITLE: PUBLIC HEARING — FILED BY WESLEY CHU FOR CONDITIONAL USE PERMIT NO. 2012-16 AND VARIANCE NO. 2012-05 TO PERMIT AN INDOOR SPORTS FACILITY THAT EXCEEDS THE ALLOWABLE BUILDING AND SIGN HEIGHT AT 1441 SOUTH VILLAGE WAY Prepared by Vince Fregoso PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Executive Director Planning Manager RECOMMENDED ACTION Recommend that the Planning Commission adopt a resolution: 1. Approving Conditional Use Permit No. 2012 -16 as conditioned. 2. Approving Variance No. 2012 -05 (a) as conditioned to exceed the maximum building height. 3. Approving Variance No. 2012 -05 (b) as conditioned to allow signage on the building that is higher than 20 feet above the ground. DISCUSSION Request of the Applicant Wesley Chu, representing Sender One Climbing LLC, is requesting approval of a conditional use permit and variance to allow an indoor sports facility at 1441 South Village Way. Specifically, the applicant is requesting approval per Section 41- 472.5(s) of the Santa Ana Municipal Code (SAMC), which requires a conditional use permit for an indoor sports facility in the Light Industrial (M1) zoning district, a variance from Section 41 -474 of the SAMC to exceed the maximum building height of 35 feet, and a variance from Section 41- 863(dX1) to install wall signage that is higher than the ground floor or 20 feet on a building. Proiect Location and Site Description The subject property is a 17 acre, irregularly shaped parcel of land located on Village Way just south of East McFadden Avenue and south of the southbound entrance to the Newport -Costa Mesa (SR -55) Freeway. Nine buildings, consisting of approximately 275,536 square feet, are located on the site. The subject building (Building D) is approximately 24,360 square feet In size and is located at the southeast corner of the site. The buildings are occupied by a combination of retail and industrial uses. EXHIBIT A lkii[_i CUP No. 2012 -16 & VA No. 2012 -05 August 13, 2012 Page 2 A total of 807 parking spaces are currently located on the site. The site is surrounded by industrial uses to the north and west, the Santa Ana Auto Mall to the south and the Newport -Costa Mesa (SR -55) Freeway to the east (Exhibits 1 and 2). Project Description The applicant is proposing to occupy a vacant industrial building on the site with the Sender One Indoor Climbing Facility. Several improvements will be made to the interior of the building to accommodate the proposed use, including the installation of several bouldering and rock climbing structures, the build out of an area devoted to yoga, and the construction of ancillary space for locker rooms, retail sales, meeting rooms and office space. Improvements are also proposed to the exterior of the building and to the site in order to comply with the City's zoning and development standards. The roof above the eastern half of the building will be raised from 20 feet to 50 feet in height to accommodate the specialty climbing structures. In addition, the exterior walls of the new structure will incorporate the same smooth finish and paint colors that are found on the existing building walls. Vertical elements currently on the building will be extended upward onto the new walls for the roof. And, windows have been strategically placed to provide architectural relief as well as provide natural light into the tenant space. Site improvements include enhanced parking lot lighting and upgrades to the building's handicap accessibility to comply with State and Federal disability act guidelines. Finally, new signs will be installed to identify the proposed use (Exhibits 3, 4, 5 and 6). Project Background Sender One will be the first artificial rock climbing facility for the applicant. Two other rock climbing operations are located in Orange County; however, these locations are half the size of the proposed Sender One operation and have climbing structures that have a maximum height of approximately 28 feet. The McFadden Place development was constructed in the early 1970's as an industrial park and was historically used by warehouse, distribution and warehouse related uses. In 1988, Conditional Use Permit No. 1988 -08 was approved to allow a combination of retail (maximum of approximately 125,000 square feet) and industrial related uses on the site. The subject building was occupied by a warehouse use until 2011, when the last tenant vacated the site. The building has remained vacant ever since. General Plan and Zoninq Analysis The General Plan land use designation for the site is Industrial (IND), which allows for a variety of industrial and industrial serving commercial uses. The proposed project is consistent with the General Plan. 31A-4 CUP No. 2012 -16 & VA No. 2012 -05 August 13, 2012 Page 3 The subject site is located in the Light Industrial (M -1) zoning district. The Light Industrial district is a zoning designation that allows manufacturing, warehouse and wholesale uses, as well as commercial uses that support the industrial tenants. These uses include retail, restaurants and indoor sports facilities. The project site is consistent with this zoning designation. Proiect Analysis Ordinance Number NS -2776 was adopted in 2008 and added Indoor Sports Facilities as a conditionally permitted use in the Light Industrial zoning district. Prior to the adoption of this ordinance, indoor sports and recreation were combined with indoor entertainment and were only permitted in the City's commercial zones with a conditional use permit. The large space requirements necessary to operate indoor sports facilities, in combination with higher lease rates in commercial areas, resulted in a majority of indoor sports businesses not being able to locate in Santa Ana. In response to the growing demand for recreational activities and the limited park area provided within the City, the City Council amended the Municipal Code to allow indoor sports facilities within the Light Industrial (M -1) zoning district subject to certain development standards and with a conditional use permit. These development standards included parking, limiting the hours of operation and limiting the number and type of uses that would be permitted under the definition of indoor sports facilities. The proposed indoor climbing facility meets all of the requirements specified in Section 41-482 of the Santa Ana Municipal Code relating to indoor sports facilities. The subject property is in compliance with the Industrial development standards including landscaping and parking. Additionally, appropriate conditions of approval have been included for this project that will ensure it remains in compliance with the indoor sports facilities section of the Municipal Code and does not become an attractive nuisance or disrupt the surrounding tenants within the center. The addition of an indoor climbing facility at this location supports several General Plan Policies, including Land Use Element Policy 1.8 which encourages the development of commercial recreational facilities, and Policy 2.2 which encourages development which accommodates the City's need for goods and services. This project will provide a much needed opportunity for recreation within an area of the City that is substantially underserved by the existing parks. However, the project requires a conditional use permit and the applicant is also requesting variances from the City's standards governing building height and sign placement. Conditional Use Permit Conditional Use Permits are governed by Section 41 -638 of the SAMC. Conditional use permits may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. 31A-5 CUP No. 2012 -16 & VA No. 2012 -05 August 13, 2012 Page 4 • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request staff believes that the following findings of fact warrant approval of the conditional use permit. • The project will provide a service or facility which will contribute to the community. The facility is a commercial recreational facility that will provide additional recreational opportunities to residents and visitors of the City. Further, the business will provide additional employment opportunities for residents that live in the City. The indoor climbing facility will not be detrimental to persons residing or working in the area as the facility is located within an area of the City that is predominantly industrial in nature. Further, improvements will be made to the site that will bring the site into compliance with applicable disability act standards. Finally, conditions have been placed on the project that will mitigate any negative or adverse impacts created by the use that could otherwise affect the health, safety, or general welfare of the surrounding businesses. The proposed use will not adversely affect the economic stability of the area but will instead identify the site as a viable site to conduct business. The site was previously vacant and is proposed to be occupied by a use that is consistent with the zoning for the property. The reuse of the site, in conjunction with the improvements that will be made to the site, will enhance the economic viability of the area. • The use will be in compliance with all regulations and provisions of Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. Site improvements are proposed to the parking lot that will bring the site into compliance with the Zoning Code. The proposed use will not adversely affect the General Plan. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs. Goal 2 encourages uses that enhance the City's economic and fiscal viability. Goal 5 ensures that the impacts of development are mitigated. lkl_I�Q� CUP No. 2012 -16 & VA No. 2012 -05 August 13, 2012 Page 5 Variance Requests Sender One is proposing to obtain two variances for its new facility: one to increase the height of the building and another to allow signage higher on a building than allowed by code. Variance requests are governed by Section 41 -638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property. • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. Variance No. 2012 -05 (a) - Building Height SAMC Section 41 -474 states that no structure shall exceed 35 feet in height in the Light Industrial zoning district. Typical industrial buildings, including ones found on the premises, range in height from 20 to 25 feet, which is sufficient for high pile storage and related equipment associated with manufacturing operations, but not for indoor sports facilities, such as rock climbing. The very nature of the sport of rock climbing requires tall vertical structures on which to practice, simulating the challenging natural environments that these sports enthusiasts prefer. This facility, if approved, is intended to attract all levels of customers, from those just entering the sport, to the serious climber. The facilities currently located in Orange County are limited in their draw due to the relatively small height of the climbing walls, no higher than 28 feet. The industry standard for more advanced rock climbing walls is between 45 and 50 feet in height. If approved, the Sender One facility will be one of only two in the Southern California region offering this wall height, making it a regional draw for this type of facility and a unique contribution to the City's indoor sports facilities. Staff recommends approval of the variance from the maximum building height based on the following facts and findings: • The project site has a special circumstance related to its size, shape and location. The project was constructed in the early 1970's as an industrial center. The buildings in the center were low scale, were intended to accommodate industrial users, and did not anticipate alternate uses, such as indoor sports facilities. At the time that this building was constructed the City's codes did not 31A-7 CUP No. 2012 -16 & VA No. 2012 -05 August 13, 2012 Page 6 allow indoor sports facilities within industrial buildings, as such these types of buildings often need modification in order to accommodate this use. As rock climbing facilities need tall vertical structures that simulate challenging natural environments and the building as originally constructed cannot achieve this without an increase in height, special circumstances exist that warrant a variance. Maintaining the building height at its current 20 foot height would affect the viability of the use at this location and would provide an undue hardship to the property owner. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Compliance with the height standard would significantly limit the building's viability as a rock climbing facility, which is a conditionally permitted use within the SAMC. Further, the granting of the height variance will preserve the property owner's right to develop and lease a vacant industrial property with a use that is allowed in the zoning district. The new use will help to revitalize a vacant industrial property, which will preserve the property owner's right to upgrade, develop and lease their property. The granting of the variance will not be detrimental to the public or surrounding properties as the building and site will be constructed and rehabilitated to comply with all applicable development standards except for the height and signage requirements. The proposed height of the portion of the building that would exceed the height limitation is 50 feet and would not block access to light and air, or obscure views. Further, the project will be consistent with the objectives of the Indoor Sports Facility ordinance, which encourages the reuse of industrial properties for sports related uses such as climbing facilities. Finally, the project will not adversely affect the General Plan. The addition of an indoor climbing facility at this location supports several General Plan Policies, including Land Use Element Policy 1.8 which encourages the development of commercial recreational facilities, and Policy 2.2 which encourages development which accommodates the City's need for goods and services. This project will provide a much needed opportunity for recreation within an area of the City that is substantially underserved by the existing parks. Variance No. 2012 -05 (b) — Location of Wall Signs The applicant is also proposing to install two wall signs on the top level of the building. SAMC Section 41- 863(d)(1) limits the placement of wall signs to a maximum height of 20 feet. The SR -55 Freeway is located higher than the existing building, which makes it difficult to see signage on this building. Allowing the installation of signage that will be approximately 47 feet in height from the base of the building will allow Sender One the ability to identify the facility to drivers travelling along the SR -55 Freeway. Conditions of approval have been placed on the variance to ensure that the signage will be in compliance with all other signage regulations. Staff recommends approval of the variance from the maximum sign placement height based on the following facts and findings: lki CUP No. 2012 -16 & VA No. 2012 -05 August 13, 2012 Page 7 • The project site has a special circumstance related to its size, shape and location. The property is a 17 acre, irregularly shaped parcel that sits 20 to 25 feet below the adjacent Newport-Costa Mesa (SR -55) Freeway. Due to its location, approval to allow wall signs at the top level of the building will allow the facility to be visible to vehicles travelling the SR -55 Freeway. Therefore, special circumstances exist that warrant a sign variance. The granting of the variances is necessary for the preservation and enjoyment of substantial property rights. When constructed, the building was intended to accommodate industrial uses and did not anticipate the need for commercial signage brought about by the introduction of indoor sports facilities as conditionally permitted uses within Industrial zones. Since the proposed use will be a regional attractor and has different signage needs than an industrial use, the granting of the signage variance will preserve the property owner's right to develop and lease a vacant industrial property with a use that is allowed in the zoning district. The new use will help to revitalize a vacant industrial property which will preserve the property owners right to upgrade, develop and lease their property. The granting of the variance will not be detrimental to the public or surrounding properties as the building and site are proposed to be rehabilitated to comply with all applicable development standards except for the height and signage requirements. Further, the signs will be consistent with the sign code and have been designed to not negatively affect the surrounding properties. The signage will not include any exposed neon or incorporate any type of flashing light or movement that could affect traffic. The project will be consistent with the objectives of the Indoor Sports Facility ordinance, which encourages the reuse of industrial properties for sports related uses such as climbing facilities. • Finally, the project will not adversely affect the General Plan. The addition of an indoor climbing facility at this location supports several General Plan Policies, including Land Use Element Policy 1.8 which encourages the development of commercial recreational facilities, and Policy 2.2 which encourages development which accommodates the City's need for goods and services. This project will provide a much needed opportunity for recreation within an area of the City that is substantially underserved by the existing parks. Public Notification The project site is not located within or near any neighborhood association. Staff has been in contact with the property owner, who has informed the existing tenants of the proposed use. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to property owners within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At the time of this printing, no correspondence had been received. iki CUP No. 2012 -16 & VA No. 2012 -05 August 13, 2012 Page 8 CEQA Analysis In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and permitting of existing structures that are consistent with the zoning and general plan designations. Categorical Exemption Environmental Review No. 2012 -41 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2012 -16 and Variance No. 2012 -05 (a) as conditioned and Variance No. 2012 -05 (b) as conditioned. Vince Fregos,6, AICP Principal Planner VF:jm vNeporlsICUP 12 -16 & VA 12 -05 Sender One 1441 Village.081312.pc Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Plan Exhibit 4 — Floor Plan Exhibit 5 — Building Elevations Exhibit 6 — Sign Plans ikiiLINK SITE EJ ®L7 Al GENERAL AGRICULTURAL GSM SOUTH MAIN STREET COMMERCIAL DISTRICT PO PLANNED DEVELOPMENT -8 PARIGNG MODIFICATION -F FLOORAREARATIO PAD PLANNEDPESIDENTIAL DEVELOPMENT CI COMMUNITY COMMERCIAL GC GOVERNMENT CENTER RI SINGLE-FAMILY RESIDENCE CI -MD COMMUNITY COMMERCIALMUSEUM DISTRICT Ml LIGHTINDUSTRIAL R2 TWO -FAMWY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAVYINOUSTRIAL RJ MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBANAPARTMENT C3 -A CENTRAL BUSINESS- ARTISTS'MLLAGE O OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNEOSHOPPING CENTER -02 OVERIAYTONE 50 SPECIFIC DEVELOPMENT CS ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CA COMMERCIAL RESIDENTIAL PCO PLANNED COMMUNITY DEVELOPMENT CUP 2012 -1 6NA 2012 -5 A SENDER ONE INDOOR ROCK CLIMBING FACILITY Vii^ w & = 1441 SOUTH VILLAGE WAY - - =500 FEET 1" =1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP EXHIBIT 1 31 A -11 CUP 2012 -16NA 2012 -5 ti SENDER ONE INDOOR ROCK CLIMBING FACILITY 1441 SOUTH VILLAGE WAY P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 A -12 p- C In NOI 1. 1 N NJ tiNi V) MUM Im 3!0,0 0l0 0-A .0. --T T A 1. olo fn'"IJOAMMASS .7,7- —Z =g=: LT— EXHIBIT 3 31 A -13 a js ii fill OSE)EIS Wt 0l0 0-A .0. --T T A 1. olo fn'"IJOAMMASS .7,7- —Z =g=: LT— EXHIBIT 3 31 A -13 a H O TI[\trll IN I'.VUI '�'^ •° +,>,`.aA r� 1 It lln il, ir:.l Hii •f� ) RO NDI53D f = ! 1 !!O oNJ1133NIDN3 DD p ,v>+Yn l I � -ofprD xwwxu.o:rw":•,r0 na 0 Mavvf�ro,i i lit 3 1 a P - >5 • Ep 69 !�� � X }� 1 ei �f let 0 Eli z })Iiit,1 3E kg So �8e 2 Ill iI aYS�9F3YP� 4 s{� }a €cyy'j' @�Flb�agi: C °F YY YY g3 �fcE�.p'�fi0"; Saaca: f f�t R/0 RA•A °y' b Zt °Y i J -! a W e z i 4 F v as' ; Z - W - a J R Iz - i89? w II�aD� $ Q I 9 6 x 1 P - >5 • Ep 69 !�� � X }� 1 ei �f let 0 Eli z })Iiit,1 3E kg So �8e 2 Ill iI aYS�9F3YP� 4 s{� }a €cyy'j' @�Flb�agi: C °F YY YY g3 �fcE�.p'�fi0"; Saaca: f 31A444 N _ Zt J -! a W e z i 4 F v as' ; Z - W - v Iz - i89? w II�aD� 1 I i x 1 ', \ i- 'F - -_J t --_ { r ir• + � I h — -h-- i _ mn ............... -� . ............ rr \ - ' = =3 1. 11 3 �. p I, , { , I 31A444 N Zt J -! a W e z i 4 F v as' ; Z - W - v Iz - i89? w II�aD� YMihvsrw r•nrf �(•I1 }> l4 \17:7 '° 1ni_t!•� O ft� + +ulf.c sec tic[ •f mum HDI830 4 �F( f ill C- V0.Y]•W ,F�us at■ bNItl3HMD113 00 013 lr4 YHl, Sllll ' 1 M ,. lV.T1] [Ol]V 1�.OJ 1V¢3++3U N•JIf10 SS3¢'JOYiJ3sW� , � , ; � , , a - 31 A -15 jt i i 4 _ �� aQ qP �1 phpi �g`p s pp gyp{ E p 5 i q,q ��q � ZZ �n� � � j f E i `y� ° 5 �E y � �7�➢ y 53a >Ot O O O r R D 6J H, U. 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U z | O \ § k \ \ \\ a � I t / 2 ^ ( ( A @ � v . �i m ; - § q � . k , z | § k a � I � § \`| \ ! w .. - 2 R cc 01 4t 3 ��A- I� 5 k % P k \ ; F § k [ � k j a 2 �2 �■ $ o t k A k? $ �{ & §{ / OR )«7k E72 .� 2 � k }. v ` .� C*4 } LO K . z�P / CL k 0 w �' ~ 2 ®' / b� �2 , z k� V \ !w ROH - 08/13/12 RESOLUTION NO. 2012 -06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012 -16 AS CONDITIONED TO ALLOW AN INDOOR SPORTS FACILITY IN THE LIGHT INDUSTRIAL (M1) ZONING DISTRICT AND VARIANCE NO. 2012 -05 AS CONDITIONED TO ALLOW A STRUCTURE AND SIGN THAT EXCEEDS THE MAXIMUM HEIGHT LIMITS FOR THE PROPERTY LOCATED AT 1441 SOUTH VILLAGE WAY BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Conditional Use Permit No. 2012- 16 to allow an indoor sports facility in the Light Industrial (M1) zoning district and Variance No. 2012 -05 to allow a structure and sign that both exceed the maximum height limits for the property located at 1441 South Village Way. B. Conditional Use Permit No. 2012 -16 and Variance No. 2012 -05 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on August 13, 2012. C. Santa Ana Municipal Code Section 41- 472.5(s) allows indoor sports facilities in the M1 zoning district subject to the issuance of a conditional use permit. D. Santa Ana Municipal Code Section 41- 638(a)(1) authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. That the proposed use will provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The indoor climbing facility will provide a service that will improve the general well being of the neighborhood and community by offering an opportunity for youth and adult recreation within an area of the City that is substantially underserved by existing parks and open space. Further, the business will provide additional employment opportunities for residents of the City. Resolution No. 2012 -06 31 A -19 Page 1 of 7 2. That the proposed use will 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 use will not be detrimental to persons residing or working in the area as the use is located in an area that is predominantly industrial in nature. Further, improvements will be made to bring the site into compliance with applicable disability act standards. Finally, conditions have been placed on the project to mitigate any negative impacts that could affect the health, safety or welfare of surrounding uses. 3. That the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area but will instead identify the site as a viable site to conduct business. The site was previously vacant and is proposed to be occupied by a use consistent with the zoning for the property. The reuse of the site, in conjunction with the improvements to be made to the site, will enhance the economic viability of the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use will be in compliance with all regulations and conditions of Chapter 41 (Zoning) of the Santa Ana Municipal Code. Site improvements are proposed to the parking lot that will bring the site into compliance with the Zoning Code. 5. That the proposed use will adversely affect the General Plan or any specific plan of the City. The proposed use will not adversely affect the General Plan. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs. Goal 2 encourages uses that enhance the City's economic and fiscal viability. Goal 5 ensures that the impacts of development are mitigated. E. Variance No. 2012 -05 (a) has been filed with the City of Santa Ana seeking to construct a fifty (50) foot tall structure in the M1 zoning district. Santa Ana Municipal Code Section 41 -474 establishes the maximum height of buildings to thirty -five (35) feet in height in the Light Industrial (M1) zoning district. F. Santa Ana Municipal Code Section 41- 638(a)(2) authorizes the Planning Commission to grant a variance upon making certain findings. Resolution No. 2012 -06 31A-20 Page 2 of 7 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, 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 project site has a special circumstance related to its size, shape and location. The project was constructed in the early 1970's as an industrial center. The buildings in the center were low scale, were intended to accommodate industrial users, and did not anticipate alternate uses such as indoor sports facilities. At the time the building was constructed the City's codes did not allow indoor sports facilities within industrial buildings, as such this type of building often need modification in order to accommodate this use. As rock climbing facilities need tall vertical structures that simulate natural environments and the building as constructed cannot achieve this without an increase in height, special circumstances exist that warrant a variance. Maintaining the building height at its current 20 foot height would affect the viability of the use at this location and would provide an undue hardship to the property owner. 2. 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 is necessary for the preservation and enjoyment of substantial property rights. Compliance with the height standard would significantly limit the building's viability as a rock climbing facility, which is a conditionally permitted use within the SAMC. Further, the granting of the height variance will preserve the property owners right to develop and lease a vacant industrial property with a use that is allowed in the zoning district. The new use will help to revitalize a vacant industrial property, which will preserve the property owners right to upgrade, develop and lease their property. 3. 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 will not be detrimental to the public or surrounding properties as the building and site will constructed and rehabilitated to comply with all applicable development standards except for the height and signage requirements. The proposed height of the portion of the building that would exceed the height limitation is 50 feet and would not block access to light, air or obscure views. Resolution No. 2012 -06 31A-21 Page 3 of 7 Further, the project will be consistent with the objectives of the Indoor Sports Facility ordinance, which encourages the reuse of industrial properties for sports related uses such as climbing facilities. 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan. The addition of an indoor climbing facility at this location supports several General Plan Policies, including Land Use Element Policy 1.8 which encourages the development of commercial recreational facilities, and Policy 2.2 which encourages development which accommodates the City's need for goods and services. This project will provide a much needed opportunity for recreation within an area of the City that is substantially underserved by the existing parks. G. Variance No. 2012 -05 (b) has been filed with the City of Santa Ana seeking to install two (2) wall signs on the top level of the building approximately forty -seven (47) feet in height from the base of the building. Santa Ana Municipal Code Section 41- 863(d)(1) limits the placement of wall signs to a maximum height of twenty (20) feet. H. Santa Ana Municipal Code Section 41- 638(a)(2) authorizes the Planning Commission to grant a variance upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, 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 project site has a special circumstance related to its size, shape and location. The property is a 17 acre, irregularly shaped parcel that sits 20 to 25 feet below the adjacent Newport-Costa Mesa (SR -55) Freeway. Due to its location, approval to allow wall signs at the top level of the building will allow the facility to be visible to vehicles travelling the SR -55 Freeway. Therefore, special circumstances exist that warrant a sign variance. 2. 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 is necessary for the preservation and enjoyment of substantial property rights. When constructed, the building was intended to accommodate industrial uses and did not anticipate the need for commercial signage brought about by indoor sports Resolution No. 2012 -06 31A-22 Page 4 of 7 facilities as conditionally permitted in the Industrial zones. Since the proposed use will be a regional attractor and has different signage needs than an industrial use, the granting of the signage variance will preserve the property owners right to develop and lease a vacant industrial property with a use that is allowed in the zoning district. The new use will help to revitalize a vacant industrial property which will preserve the property owners right to upgrade, develop and lease their property. 3. 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 will not be detrimental to the public or surrounding properties as the building and site are proposed to be rehabilitated to comply with all applicable development standards except for the height and signage requirements. Further, the signs will be consistent with the sign code and have been designed to not negatively affect the surrounding properties. The signage will not include any exposed neon or incorporate any type of flashing light or movement that could negatively affect traffic. The project will be consistent with the objectives of the Indoor Sports Facility ordinance, which encourages the reuse of industrial properties for sports related uses such as climbing facilities. 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan. The addition of an indoor climbing facility at this location supports several General Plan Policies, including Land Use Element Policy 1.8 which encourages the development of commercial recreational facilities, and Policy 2.2 which encourages development which accommodates the City's need for goods and services. This project will provide a much needed opportunity for recreation within an area of the City that is substantially underserved by the existing parks. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and permitting of existing structures that are consistent with the zoning and general plan designations. Categorical Exemption Environmental Review No. 2012 -41 will be filed for this project. Resolution No. 2012 -06 31A-23 Page 5 of 7 Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves for the property located at 1441 South Village Way: 1. Conditional Use Permit No. 2012 -16, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow an indoor sports facility in the M1 zoning district. 2. Variance No. 2012 -05 (a), as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a structure that exceeds the maximum height limits in the M1 zoning district. 3. Variance No. 2012 -05 (b), as conditioned in Exhibit "C" attached hereto and incorporated herein, to allow signage that exceeds the maximum height limits. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated August 13, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of August, 2012 by the following vote: AYES: Commissioners: Acosta, Alderete, Gartner, Mill, Nalle, Yrarrazaval(6) NOES: Commissioners: None (0) ABSENT: Commissioners: Turner (1) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney Eric Alderete Chairman Resolution No. 2012 -06 31A-24 Page 6 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2012 -06 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 13, 2012 Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2012 -06 31A-25 Page 7 of 7 EXHIBIT A Conditions for Conditional Use Permit No 2012 -16 Should the Planning Commission approve Conditional Use Permit No. 2012 -16, the approval is subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division All proposed improvements must conform to the Site Plan Review approval of DP No. 2012 -11 and the staff report exhibits. 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 variance must be amended. 3. The site occupant shall be responsible for maintaining the premises free from graffiti, including the side of the buildings adjacent to the railroad tracks. All graffiti shall be removed within 24 hours. B. Police Department The existing building and required parking must conform with 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 projects lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. lki EXHIBIT B Conditions for Variance No 2012 -05 (a) Should the Planning Commission approve Variance No. 2012 -05 (a), the approval is subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the 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 variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division All proposed improvements must conform to the Site Plan Review approval of DP No. 2012 -11 and the staff report exhibits. 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. Signage shall comply with all provisions of the Santa Ana Municipal Code except for the location of the signs. The required sign permit shall be applied for and be approved prior to issuance of a certificate of occupancy. 4. The site occupant shall be responsible for maintaining the premises free from graffiti, including the side of the buildings adjacent to the railroad tracks. All graffiti shall be removed within 24 hours. B. Police Department The existing building and required parking must conform with 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 projects lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 31A-27 EXHIBIT C Conditions for Variance No 2012 -05 N Should the Planning Commission approve Variance No. 2012 -05 (b), the approval is subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this 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 the variance. A. Planning Division All proposed improvements must conform to the Site Plan Review approval of DP No. 2012 -11 and the staff report exhibits. 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. Signage shall comply with all provisions of the Santa Ana Municipal Code except for the location of the signs. The required sign permit shall be applied for and be approved prior to issuance of a certificate of occupancy. 4. The site occupant shall be responsible for maintaining the premises free from graffiti, including the side of the buildings adjacent to the railroad tracks. All graffiti shall be removed within 24 hours. B. Police Department The existing building and required parking must conform with the provisions of Chapter 8, Article Il, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing projects lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. lki REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2012 TITLE: CONDITIONAL USE PERMIT NO. 2012 -17 AND VARIANCE NO. 2012 -06 TO ALLOW THE ACADEMY CHARTER HIGH SCHOOL AT 1901 NORTH FAIRVIEW STREET - ORANGEWOOD CHILDRENS FOUNDATION, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: P---tiV ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2012 -17 as conditioned and Variance No. 2012 -06 as conditioned. PLANNING COMMISSION ACTION On August 13, 2012, the Planning Commission adopted a resolution approving the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011 -74; Conditional Use Permit No. 2012 -17 as conditioned; Variance No. 2012 -06 (a) as conditioned to allow a reduction in required parking for the high school; Variance No. 2012 -06 (b) as conditioned to exceed the allowable building height; and Variance No. 2012 -06 (c) as conditioned to exceed the allowable fence height by a vote of 6:0 (Turner absent) to allow The Academy Charter High School located at 1901 North Fairview Street in the Professional (P) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. J M. Trevino Executive Director Planning & Building Agency VF:rb vflreports\CUP12 -17 & VA12 -06 The Academy 1901 Fairview.cc Exhibit: A. Planning Commission Staff Report 31 B -1 ' I REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: AUGUST 13, 2012 TITLE: PUBLIC HEARING — FILED BY ORANGEWOOD CHILDRENS FOUNDATION FOR CONDITIONAL USE PERMIT NO. 2012-17 AND VARIANCE NO. 2012-06 TO ALLOW THE ACADEMY CHARTER HIGH SCHOOL AT 1901 NORTH FAIRVIEW STREET Prepared by _Vince Fregoso Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO 1jr-- t_-t - Planning Manager 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011 -74. 2. Adopt a resolution approving Conditional Use Permit No. 2012 -17 as conditioned. 3. Adopt a resolution approving Variance No. 2012 -06 (a) as conditioned to allow a reduction in required parking for the high school. 4. Adopt a resolution approving Variance No. 2012 -06 (b) as conditioned to exceed the allowable building height. 5. Adopt a resolution approving Variance No. 2012 -06 (c) as conditioned to exceed the allowable fence height. DISCUSSION Request of the Applicant Chris Simonsen, representing Orangewood Children's Foundation, is requesting approval of a conditional use permit and variance to allow the construction of The Academy Charter High School at 1901 North Fairview Street. Specifically, the applicant is requesting approval per Santa Ana Municipal Code (SAMC) Section 41- 313.5(c), which requires a conditional use permit for a school use in the Professional (P) zoning district, a variance from Section 41 -1401 of the SAMC to allow a reduction in required parking for a high school, a variance from Section 41 -314 of the SAMC to exceed the maximum building height of 35 feet, and a variance from Section 41 -322 to allow a wall to exceed the maximum allowable height. EXHIBIT A CUP No. 2012 -17 & VA No. 2012 -06 August 13, 2012 Page 2 Proiect Location and Site Description The subject property consists of a 7.2 -acre, rectangular shaped site that is located on North Fairview Street just north of Seventeenth Street. Two parcels are currently found on the site; however, a lot merger will be recorded to combine the lots into a single parcel. The site is currently vacant but was previously occupied by a one -story hospital facility and a three -story medical building. The present site is surrounded by medical office and related uses to the north, multi- family residential to the south, single - family residential to the east, and single - family and church uses to the west (Exhibits 1 and 2). Project Description The applicant is proposing to construct a new high school on a vacant parcel of land. The school, to be known as The Academy Charter High School, will consist of eight buildings totaling approximately 160,000 square feet. Four of the buildings will be educational related, including a two and three -story academic building, a performing arts building, a physical education building and an administrative building. An additional three buildings will be utilized for family -style student residences capable of housing 80 youths, with the last building consisting of a residential commons building. The Academy will serve both the foster youth and educationally at -risk students residing in Orange County in grades 9 through 12. In its first year of operation in September 2013, the school will serve approximately 80 students in grade 9. Each subsequent year, it will add an additional 80 9th graders until the school reaches a Phase 1 enrollment of 320 students. The future Phase 2 would add an additional 130 students in the future for a total school enrollment of 450 students. As mentioned above, the school will be constructed in two phases. The first phase will consist of the construction of a three -story classroom building, the two -story administration /library building, and the four residential buildings. All site improvements will also be made in the first phase, with temporary playfields and hard courts installed in the area of the future buildings. The second phase, with a timeline for construction yet to be determined, will consist of a two -story classroom building and the gymnasium. A total of 146 parking spaces are proposed for the project, while 277 spaces are required at final build out. The architectural style of the campus is considered to be California Contemporary as the buildings are characterized by the use or interlocking volumes of different colors and materials. Corrugated metal siding, smooth cement fiber board and an aluminum window system will be the primary exterior materials. Through the use of materials and design principles, the campus is tracking LEED certification with the intent to be LEED Silver Certified (Exhibits 3, 4, 5 and 6). CUP No. 2012 -17 & VA No. 2012 -06 August 13, 2012 Page 3 Project Backaround The project site was originally developed in 1964 with a one -story, 54,000 square foot hospital and a three -story, 13,000 square foot medical office building. In 2011, after a period of vacancy, the buildings were demolished to make way for the future high school use. Orangewood Children's Foundation was founded over 30 years ago for the purpose of developing a facility to shelter Orange County children who are victims of abuse, neglect and abandonment. In 1985, the Foundation completed the development of the Orangewood Children's Home in the city of Orange, which provides housing for minors, a preschool and K -12 school, medical and recreational facilities, and other related services. Through operation of these and other programs, the Foundation realized that only half of all teens in the foster care system are graduating from high school. Therefore, the Foundation is attempting to meet the educational needs of foster youth by constructing a new high school that will provide them with a high - quality education and a firm base of support. Through attendance at the school and in conjunction with the other programs run by Orangewood, the Foundation will provide foster teens and at -risk youth with solid foundation for life, instilling in them the skills and confidence needed to live healthy and productive lives. General Plan and Zoning Analysis The General Plan land use designation for the site is Professional and Administrative Office (PAO), which allows for a variety of office and office - related uses. Additionally, service activities and educational facilities that support office development are also consistent with the PAO designation. The proposed project is consistent with the General Plan designation. The subject site is located in the Professional (P) zoning district. The Professional district is a zoning designation that allows professional, administrative and medical office uses, commercial uses that support office activities, hospitals and schools. The project is consistent with this zoning designation. Project Analysis The Orangewood Children's Foundation is proposing to open The Academy Charter High School on a vacant parcel of land. The subject site will be in compliance with the zoning regulations of the P district, with the exception of parking, building height and fence height (for which variances are proposed) and will be compatible with the general plan land use designation. Additionally, appropriate conditions of approval have been included for this project that will ensure it remains in compliance with various provisions of the Municipal Code and does not become an attractive nuisance or disrupt the surrounding residents. The Academy will provide a much needed educational facility to at -risk youths in the community. Further, The Academy will provide a safe and supportive environment, prepare students for productive lives motivating them to become engaged and 31 B -5 CUP No. 2012 -17 & VA No. 2012 -06 August 13, 2012 Page 4 successful in career pursuits, and will prepare students to become responsible contributors to society. Finally, The Academy Charter High School supports several General Plan goals, including goals that encourage uses that promote a balance of land uses that address basic community needs, support projects that improve the character and integrity of neighborhoods, and that ensure impacts of development are mitigated. Conditional Use Permit Santa Ana Municipal Code Section 41 -313.5 (c) allows schools in the Professional (P) zone with a conditional use permit. Conditional Use Permits are governed by Section 41 -638 of the SAMC. Conditional use permits may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. • The project will provide a service or facility which will contribute to the community. The Academy Charter High School is designed to meet the educational needs of foster youth by providing these special young people with a high quality high school education and firm base of support. It will provide County teens and other educationally at -risk youth with a solid foundation for life, instilling in them the skills and confidence needed to live healthy and productive lives. • The Academy will not be detrimental to persons residing or working in the area as the project has been designed to address potential issues such as traffic, parking, noise and lighting. The school has been designed to be separated from the adjacent residential uses by a perimeter block wall, which will minimize the impacts to the persons residing nearby. Additionally, the campus design enables the site to be secured during off hours. 41: CUP No. 2012 -17 & VA No. 2012 -06 August 13, 2012 Page 5 The proposed use will not adversely affect the economic stability of the area but will instead identify the site as a viable site to conduct business. The site was previously occupied by medical and hospital uses that vacated the site and left the property in a state of disrepair. The Academy will help revitalize the area by providing a new high school campus on a vacant parcel of land. The reuse of the site, in conjunction with the improvements that will be made to the site, will enhance the economic viability of the area. • The use will be in compliance with all regulations and provisions of Chapter 41 (Zoning Code) of the Santa Ana Municipal Code, with the exception of parking, building height and fence height. An application for variances from these standards is being processed concurrently with the conditional use permit. The proposed use will not adversely affect the General Plan as the school is consistent with several goals of the General Plan. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs, Goal 3 supports projects that improve the character and integrity of neighborhoods, and Goal 5 ensures that the impacts of development are mitigated. Finally, the project complies with Goal 1 of the Educational Element to provide sufficient educational services and facilities to meet the City's needs. Variances The applicant is requesting three variances from the SAMC: Reduction in required parking, increase in the maximum building height, and an increase in the maximum fence height. Variance requests are governed by Section 41 -638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property. • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. 31 B -7 CUP No. 2012 -17 & VA No. 2012 -06 August 13, 2012 Page 6 Variance No. 2012 -06 (a) - Parkina Variance The parking requirements for a high school would require a total of 277 parking spaces for this new facility, which is based on one space per 150 feet of classroom area, one space per 333 square feet of office area, one space per two beds (SAMC Sec. 41- 1401). As only 146 spaces are proposed for the school, a Parking Needs Assessment and Special Event Parking Management Plan was prepared by Linscott Law & Greenspan, a professional traffic engineering firm. The February 2012 study analyzed the parking demand of a blended high school, which included an academic and residential component. Further, it studied the parking characteristics of other area high schools in an attempt to calculate a more appropriate parking demand for the school. Based on field observations and studies of the neighboring schools, the study determined that a maximum of 146 parking spaces would be needed. The 146 parking spaces were derived by determining a more realistic parking demand of 126 spaces (0.22 spaces per student) for the academic function of the school. Additionally, to ensure there was a surplus of available parking, an additional 25 percent was added to the 0.22 ratio to provide a generation rate of 0.28 spaces per student. Based on this ratio, a total of 126 spaces were determined to be required for the educational component. The study also analyzed the needs for the residential component of the high school. Based on the City's parking standard, a total of 66 spaces would be required to accommodate the 80 students and approximately 16 houseparent's expected to reside on campus. The assessment noted that the city's parking requirement is typically applied to college campuses where all residents are licensed drivers and many have their own personal vehicles. Because the high school will serve foster youth that are less likely to have vehicles and may not be of driving age, the parking demand for the residential component is anticipated to be reduced. A rate of 2.5 spaces per residential unit, equaling 20 parking spaces, is proposed for the project (Exhibit 7). Based upon the findings of the study and a review of similar campuses, Linscott Law & Greenspan study concluded that the project, with 146 parking spaces, would be more than adequate for this use. The study concludes that additional parking be made available in the event a special event occurs on the premises. As a result, conditions of approval have been placed on the project that requires the school to secure a reciprocal parking agreement at a nearby parcel. Staff recommends approval of this variance based on the following facts and findings. • The project site has a special circumstance related to its size, shape and location. Due to the location and constraints of the site, which is surrounded by development, the project is unable to provide the code required parking. To determine an alternate parking demand for the school, a parking and special needs assessment was prepared by the traffic engineering firm of Linscott Law & Greenspan. The study concluded that a maximum parking demand of 146 would be required for the school, including all staff and residents. Applying the strict letter of the parking 31 B -8 CUP No. 2012 -17 & VA No. 2012 -06 August 13, 2012 Page 7 code would, in this particular case, deprive the subject property of attracting a use to the property that is otherwise allowed in the P zone and would deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Compliance with the parking standards would prohibit the construction of a needed high school campus for at -risk youths on the premises. The strict application of the standards would result in the need to reduce classroom space for the campus, which would impact the ability of the Orangewood Foundation to provide sufficient learning facilities at this location. Therefore, the granting of the variance will preserve the property owners right to develop a vacant property with a use that is allowed in the zoning district. The new use will help to revitalize the area through the reuse of a vacant property, which will preserve the property owners right to upgrade, develop and lease their property. • The granting of the variance will not be detrimental to the public or surrounding properties as the building and site is proposed to comply with all applicable development standards except for the parking, building height and fence height requirements. The project has been designed to minimize impacts to the adjacent residential properties through site design and conditions of approval. Finally, the project will not adversely affect the General Plan. The Academy Charter High School is consistent with several goals of the General Plan. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs, Goal 3 supports projects that improve the character and integrity of neighborhoods, and Goal 5 ensures that the impacts of development are mitigated. Further, the project is in compliance with Goal 1 of the Educational Element, which encourages development that provides sufficient educational services and facilities to meet the City's needs. Variance No. 2012 -06 (b) - Building Height SAMC Section 41- 314(b) of the SAMC limits structures to 35 feet in height if located within 140 feet of residentially used property. As single- family residences are located approximately 80 from the three -story classroom building (Building G) and the Phase 2 gymnasium building (Building E), a variance is required. Given the scarcity of land in Santa Ana, the trend in construction is to limit the sprawl of developments and build more vertical structures. Therefore, to provide sufficient classroom space within a constrained site, the Foundation is proposing to build a three story, 47 -foot high classroom structure. Additionally, a 38 -foot high gymnasium is proposed for future development. To minimize the impacts to the residents along the south side of Building F, the use of windows has been minimized along this elevation. Further, gymnasiums are a standard function found on a high CUP No. 2012 -17 & VA No. 2012 -06 August 13, 2012 Page 8 school campus. These structures require higher ceilings due to the types of activities occurring within the structure. In order to allow the school to provide a gymnasium on the campus, an increase in the allowable height is required. Staff recommends approval of this variance based on the following facts and findings. The project site has a special circumstance related to its size, shape and location. Due to the site being surrounded by development, the applicant is unable to obtain additional land to build structures that are lower in height. And, it is unfeasible to construct a gymnasium facility with a lower ceiling due to the types of activities occurring in the structure, which require high ceiling. And, the granting of the height variance will allow the construction of a gymnasium use that is typically found on a high school campus. As a result, special circumstances exist that warrant a variance. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Compliance with the building height standard would prohibit the construction of a needed high school campus for at -risk youths on the premises. The strict application of the standards would result in a reduction in square footage for the campus, which would make the school unfeasible at this location. The granting of the variances will preserve the property owners right to develop a vacant property with a use that is allowed in the zoning district and revitalize the area through the reuse of a vacant property, which will preserve the property owners right to upgrade, develop and lease their property. • The granting of the variance will not be detrimental to the public or surrounding properties as the building and site is proposed to comply with all applicable development standards except for the parking, building height and fence height requirements. The project has been designed to minimize impacts to the adjacent residential properties through site design and conditions of approval. Finally, the project will not adversely affect the General Plan. The project is consistent with several goals of the General Plan, Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs, Goal 3 supports projects that improve the character and integrity of neighborhoods, and Goal 5 ensures that the impacts of development are mitigated. Further, the project is consistent with Goal 1 of the Educational Element, which encourages development that provides sufficient educational services and facilities to meet the City's needs. Approval of the variance will allow the construction of a new high school that will serve the needs of at -risk youths in the community. Variance No. 2012 -06 (c) - Wall Height Section 41 -322 of the SAMC limits the height of perimeter walls to 42 inches in height if within 20 feet of a property line abutting a street. Currently, a six foot high wall is located along this property line as it serves to separate the site from the residential uses to the east. The construction of the high school CUP No. 2012 -17 & VA No. 2012 -06 August 13, 2012 Page 9 requires the site to be in compliance with all provisions of the zoning ordinance, including fence height. Since the rear property line fence is proposed to be maintained at its current height of six feet, a variance is required. The existing six foot high wall originally separated the parking lot for the hospital and medical office uses from the adjacent residential properties. The fence restricted access from the site into the neighborhood and reduced noise impacts from the parking lot. Maintaining the fence in its current condition will separate the two uses, will minimize noise impacts and maintain privacy for the residences, and will allow adequate security for the high school campus. Staff recommends approval of this variance based on the following facts and findings. • The project site has a special circumstance related to its size, shape and location. Due to the location of the site, which is surrounded by residential development, an existing six foot high wall currently exists around the project perimeter. This wall served to separate the former hospital and office uses from the surrounding residences. Due to the location of a street at the east (rear) of the property, the maximum allowable fence height is 42 inches. A variance from the fence height standard will allow the adjacent residences to maintain their privacy and minimize impacts such as light and noise by allowing the existing six foot high fence to remain. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Compliance with the fence height standard would prohibit the operation of a needed high school campus for at -risk youths on the premises and would subject the adjacent residential uses to potential impacts such as noise, light intrusion, parking intrusion and trespassing. Additionally, a reduced fence height could result in trespassing onto the high school campus. The granting of the variance will preserve the property owners right to develop a vacant property with a use that is allowed in the zoning district. • The granting of the variance will not be detrimental to the public or surrounding properties as the building and site has been designed to comply with all applicable development standards except for the parking, building height and fence height requirements. The project has been planned to minimize impacts to the adjacent residential properties through site design and conditions of approval. The project will not adversely affect the General Plan. The Academy Charter High School is consistent with several goals of the General Plan, Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs, Goal supports projects that improve the character and integrity of neighborhoods, and Goal 5 ensures that the impacts of development are mitigated. In addition, the project is in compliance with Goal 1 of the Educational Element, which encourages development that provides sufficient educational services and facilities to meet the City's needs. 31 B -11 CUP No. 2012 -17 & VA No. 2012 -06 August 13, 2012 Page 10 Public Notification The project site is located within the Edna Park Neighborhood Association. Numerous outreach activities have been conducted by both staff and the applicant. In October 2011, the Foundation mailed informational letters to surrounding property owners describing their intent to develop a high school on the site. On November 21, 2011 the Foundation met with the Edna Park Association Board to review the project. Finally, a neighborhood meeting was held on March 7, 2012 to review and discuss the most recent school proposal. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to property owners within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. Also, staff contacted the representatives of Edna Park to notify them of the public hearing and to identify any concerns with the project. At the time of this printing, no correspondence had been received regarding the project. CEQA Analvsis As part of the City's permitting process, the proposed project is required to undergo an environmental review in accordance with the California Environmental Quality Act (CEQA). In accordance with CEQA, the recommended actions have been reviewed through a Mitigated Negative Declaration (MND), Environmental Review No. 2011 -74. Section 15063 of the State CEQA Guidelines and Sections 15070 through 15075 of Article 6 guide the process for the preparation of a mitigated negative declaration (Exhibit 8). This MND, as required by CEQA, contains 1) a project description; 2) a description of the environmental setting, potential environmental impacts, mitigation measures for any significant effects, and consistency with plans and policies; and 3) names of preparers. The mitigation measures included in this IS /MND are designed to reduce or eliminate the potentially significant environmental impacts described herein. The scope of the MND evaluates the proposed project's effects on the following resource topics. • aesthetics, • agriculture and forestry resources, • air quality, • biological resources, • cultural resources, • geology /soils, • greenhouse gas emissions • hazards & hazardous materials, • hydrology /water quality, • land use /planning, CUP No. 2012 -17 & VA No. 2012 -06 August 13, 2012 Page 11 • mineral resources, • noise, • population /housing, • public services, • recreation, • transportation /traffic, utilities /service systems The City prepared a draft MND and posted the Notice of Intent (NOI) to adopt an MND at the Orange County Clerk's office; the NOI was published in the Orange County Register on June 8, 2012. The City circulated the draft MND for a 30 -day public review between June 11, 2012 and July 12, 2012. The draft MND was available for public review at the Santa Ana City Hall, the City of Santa Ana Main Library, and on the City's website. This IS /MND is intended to provide a forum to air and address comments pertaining to the analysis contained in the draft IS /MND and to provide an opportunity for clarification, corrections, or minor revisions to the draft IS /MND as needed. Comments were received during the public review period. Pursuant to Section 15088 of the State CEQA Guidelines, the City, as the lead agency for the project, has reviewed all comments received on the draft IS /MND. As a result of the environmental analysis, mitigation measures have been provided to address potential environmental impacts. A list of these mitigation measures are found within the attached Mitigation Monitoring and Reporting Program Summary. Mitigation measures have been outlined to address potential impacts on air quality, biological resources, geology /soils /seismicity, greenhouse gas emissions, noise, transportation and circulation, and utilities and service systems (Exhibit 9). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program (Environmental Review No. 2011 -74), Conditional Use Permit No. 2012 -17 as conditioned, Variance No. 2012 -06 (a) as conditioned, Variance No. 2012 -06 (b) as conditioned and Variance No. 2012 -06 (c) as conditioned. Vince Fregos , AICP Principal Planner VF:jm v(VeporWCUP12 -17 & VA12.08 The Academy 1901 Fairview.081312 pc CUP No. 2012 -17 & VA No. 2012 -06 August 13, 2012 Page 12 Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Plan Exhibit 4 — Floor Plan Exhibit 5 — Building Elevations Exhibit 6 — Landscape Plan Exhibit 7 — Parking Needs Assessment/Special Event parking Plan Exhibit S — Mitigated Negative Declaration Exhibit 9 — Mitigation Monitoring and Reporting Program 31 B -14 MEMORY I GARDEN GROVE U. 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I 'I I 1 411 1 1 !ill;!!!! !Jil; . ---- -- --- — at 5 S. 1 N 100HOSHE1111 SHJ. cz at s 0 I 10! xi 1 411 1 00 i! 3 Ig 4 6 O jf��, 1 �i! PARKING NEEDS ASSESSMENT and SPECIAL EVENT PARKING MANAGEMENT PLAN The Academy Charter High School Santa Ana, California Updated February 17, 2012 FINDINGS AND RECOMMENDATIONS The realistic "design level" parking requirements for the day -to -day operations of the proposed Academy Charter High School, at full enrollment, total a minimum provision of 146 on -site parking spaces, calculated using project- specific parking components and ratios as follows: The provision of 126 spaces to support the aggregate faculty, staff, student (at full enrolIment), and visitor parking needs for the day -to -day operation of the high school itself. This parking provision is based on a "blended" parking ratio of 0.28 spaces per student applied to the ultimate enrollment of 450 students. Application of this ratio does not distinguish between "commuter" and "resident" students, the latter totaling 80 (of the overall 450) to be housed in on- campus "Family Unit" facilities. Derivation of this project -speci (ic ratio has considered the City's own "code" parking requirements in combination with focused parking demand counts at Santa Ana area high schools. • A houseparent parking provision of 20 spaces, reflecting an aggregate ratio of 2.5 spaces per unit for each of the 8 proposed houseparent suites to be provided in support of the 80- student "Family Unit" housing component. To manage day -to -day parking operations, this study recommends a student vehicle registration ( "permit ") program that would essentially restrict on- campus student parking to Grade -12 students only, except that other licensed students of driving age may be granted a permit based on criteria that the Academy may establish. In total, the program should be structured such that no more than 80 student drivers commute to campus on a regular basis. This threshold represents approximately 70% of the estimated average Grade -12 enrollment of roughly 113 students (an enrollment of 450 /four class grades). Past experience suggests that not all students meeting the Grade -12 parking permit requirement will have access to a vehicle for commuting to campus, even if they are licensed. Thus a limitation to 80 regular student drivers is considered reasonable and consistent with the student population that may want or need to drive to campus, or may live in on -site student housing and also have a vehicle. The latter circumstance is expected to be extremely rare. N ;Zf i-2111? -; . 7}q imJcme, Saaiu AIA (C'" JMW) Lauri. S Fa"TAR}JNG NEEDS 2-17-H&C 317 Page 2 Additionally, this analysis has considered the overall parking needs for a menu of special events that may occur at the Academy campus on a recurring basis. These events have been defined by representatives of the Orangewood Children's Foundation, and due to their format and nature, would not occur simultaneously with regularly scheduled class sessions, but would occur during the "off hours" of weekday evenings and weekends. As such, otherwise unoccupied campus parking spaces would be allocated in support of these events, which include boys as well as girls basketball and volleyball games in the gymnasium, special programs in the "Black Box" performing arts /drama venue (to include the Fall and Spring Fundraisers, Annual Prom, and /or Spring Play), and other special events that could span multiple facilities of the Academy (Back to School Night, Open House, College Night, 81h Grade Info Night, and Graduation Ceremonies). Some of those events could require parking support that exceeds the formalized on -site supply of 146 spaces by up to approximately 130 spaces (with total parking needs on the order of 275 spaces). For those events needing parking support in excess of proposed on -site supply, this study recommends an Event Parking Management Plan that integrates available off - street parking spaces from other available nearby venues. Those spaces would be secured for as- needed use by the Academy by agreement between the Academy and that other venue. Under this plan, the scheduling of Academy special events would be strategic as to time of day and day of week so as to coincide with low parking demand levels on those other sites, thus integrating otherwise lightly used parking supply at one of those other venues into the overall parking capabilities for an Academy event. A logical partner in such a parking management plan would be Wintersburg Presbyterian Church, which has approximately 298 parking spaces (versus a potential Academy event shortfall of up to about 130 spaces), and is essentially diagonally opposite the Academy site at 2000 Fairview Street. The complimentary use patterns of these two sites could permit a reciprocal parking arrangement where each of these two sites could make use of parking spaces on the other during peak periods of parking demand. We understand that productive talks are underway between Church and School officials, and that the execution of a parking agreement is expected. Additionally, we understand that the City of Santa Ana is planning a traffic signal installation at the Fairview/Edna Drive intersection. The presence of a signal at that intersection could enhance the overall pedestrian connectivity between the east and west sides of Fairview Street, including those on -foot movements related to the management plan: 3206 21I L'a2 - T1. N-den-T. S-Ai -inn W tnfij,F.jWr Lcttn I f Faw,1F:uiK1KQ \rEnS ASSESS.%IL -W Rc61;ar 3- 1 ?d.''k 31B -31 Page 3 PROJECT DESCRIPTION (For the Purposes of Parldng Calculation) Key descriptors of the project that may be relevant to a parking needs assessment include the following: • A charter high school for grades 9 through 12 with ultimate enrollment of 450 students, and where enrollment priority will be given to foster youth. The foster youth component is expected to potentially suppress student parking needs from a "normal" condition due to the reduced likelihood of those students having access to a vehicle for regular commuting to school. The floor area at the high school includes 4,994 sf of administrative space and 29,413 sf of classroom area. On -site student housing in a "Family Unit" configuration for 80 of the 450 - student ultimate enrollment, leaving a "commuting" population of 370 students. Commuting by means of other than solo student drivers is expected to be common. Thus the dominant commuting means are expected to include walking or biking, drop -off by parent or guardian in concert with rideshare (carpooling) promotion, and public transit. • In conjunction with the "Family Unit" student housing provisions, a total of eight 2- bedroom suites will be provided for houseparents also living in that housing. • A parking supply of 146 spaces to support the overall daytime needs of the total campus at full enrollment. These spaces will also support after -hour events and programs at the campus. A refined site plan that provides for an on -site student drop off/pick up lane (totaling approximately 516 feet in length) near the east edge of the site. As part of a student drop off/pick management strategy, this lane would operate in the southbound direction as part of a clockwise operating pattern ( "loop ") during the student arrival and departure periods. The overall loop would extend from a right turn from Fairview Street near the northwest comer of the site, to an expected "forced" exiting right turn to Fairview near the southwest corner of the site. It is further noted that while this 520 -foot lane would be reserved for only drop off and pick up in advance of, during, and immediately following regular school hours, it could be converted to parallel curb parking outside of those hours, including during special events. Such an operational conversion would add approximately 23 parking spaces to the site's indicated K`3:Ki? 11.. N_`- ;lm.5t- identt', -Z.,ts :Ux Fa. 'PARKIN'4 NEEDS AAA SSMFNTRe6iun 3-17- 13J.+e Page 4 supply, increasing that functional supply to 169 spaces during non - school hours. PARKING CHARACTERISTICS FOR OTHER AREA HIGH SCHOOLS In parallel to a City "code" assessment, information on other area high schools was compiled from established sources, with that compilation supplemented by inventory and field count of parking provisions and actual daytime observation of peak parking needs. Information for three representative sites is as follows: School Faculty/ Staff Students Grades 9 -12) "Blended" Parking Ratio s !student Provided Observed Demand Orange County High School of the Arts Charter 52 935 0.28 0.21 1. Mater Dei High School (Private) 217 1 2,100 0.21 0.11 Segerstrom High School (Public) 88 1 0.22 In reviewing the above, it should be noted that the parking ratios represent a "blended" value that accounts for all on -site parking (to include faculty, staff, student and visitor) at the indicated sites. It will_be noted that the inventory includes what are believed to be representative charter, private and public high school sites. It will also be noted that the actual observed demand ratios were 0.22 spaces per student or less, versus a supply of as much as 0.28 spaces per student. REVIEW OF CITY OF SANTA ANA "CODE" OFF- STREET PARKING REQUIREMENTS Extracting from Section 41 -1401 of the City's code, high schools require a minimum of: One space for each 150 sf of classroom floor area, plus one space for each 333 sf of office floor area. Attachment A of this document presents a code calculation for this site as prepared by City of Santa Ana staff. From that attachment, the classroom and office components of the proposed project plan would, in combination, require 211 spaces at the Academy before any consideration of the "Family Units" student housing and/or the supporting houseparent suites. On a "blended" basis, this 211 -space code requirement translates to approximately 0.47 spaces per student (211/450), or at least twice the actual field- studied demand \ •,i'(tl)- ?1111 =!. h. .\ciJ�•ny' '�lii \rn l <'Unf.Stnlii 1,_etms & F1\ei1PAHK: N(_, INLI iJ •1-\>I:U\ttiNt rkev.wr ?17 -P J,t 31 B -33 Page 5 values at other area high schools. From this, one might conclude that the results of a City code application are "heavy" when compared to actual observable parking needs. In other settings, LLG has observed that current teaching techniques appear to result in greater average square footage requirements per student than historically provided, so with student enrollment fixed, but with floor area growing, this could be one aspect driving the equivalent code requirement higher. Additionally, even after discounting the faculty /staff needs accounted for within this overall blended requirement of 0.47 (with faculty/staff needs included therein on the order of roughly 0.05 to 0.10 spaces per student depending on the faculty /staff- student ratio), it is highly unlikely that roughly 35% to 45% of Academy High School students will actually drive alone, then park at the campus, when the percent of students actually having a license, let alone access to a car, is expected to be less to much less. Looking to the student housing component, the City code (Section 41 -1327) requires one space per two beds, or one space per 80 sf of sleeping area, whichever is greater. Attachment A presents the code calculation (by City stafo according to each of these methodologies, which yield a code requirement of 48 spaces, and 45 spaces, respectively. LLG notes that the ratios input to these calculations are consistent with college dormitory parking needs, where essentially all student residents are licensed drivers, and about half of those college students bring a vehicle to campus. Given the high school orientation of this project, and the age - suppressed licensed driver considerations discussed above, it is unlikely that code - required dormitory parking needs, as an added element of overall campus need, will actually materialize. Instead, the parking recommendation of a blended campus parking ratio, to account for faculty, staff, total student (without distinction as to commuter or campus resident) and visitor need is a logical and convenient basis to determine the realistic number of parking spaces that will be needed at the Academy. The project does include eight 2- bedroom suites for houseparents within the "Family Units" student housing. Section 41 -1322 of the City's parking requirements speaks to multiple - family dwellings as the sum of three components, described as follows: A minimum requirement of one garage or carport space for each dwelling unit, plus additional off-street parking in an amount no less than one space for each bedroom, in an amount not less than the total number of bedrooms on the site, plus additive guest parking in an amount equal to 0.25% of the combination of the above two requirements. Taking these three components together, the raw code requirement for these houseparent suites, when treated as multiple - family dwellings, totals 3.75 spaces per S- •i2tr1311324? - The Audnly. $ ntn •ant ((nnfJmiJ. Lett:n S Face: P?.RK:KU NEEU5 1-t?-12 do Page 6 dwelling unit. This translates to 30 spaces (8 garage or carport, 16 additional resident spaces, and 6 guest spaces). Given the nature of these houseparent suites, and the expectation that no more than two drivers (and thus two vehicles) will be residents in each suite "household ", it is concluded that the realistic parking needs of these units is 2.5 spaces per unit, for a total of 20 spaces. This provision includes two resident spaces per suite, resulting in 16 resident spaces, (8 of which must be garage or carport spaces), plus 4 spaces for guests. ANALYSIS AND CONCLUSIONS Weekday Daytime Parking Needs The above discussion interprets the applicability of a "raw" code calculation to each of the elements that will influence and thus determine the realistic day -to -day parking needs of the Academy. They include a "blended" ratio per student for the campus' academic needs, an additional conclusion that resident students with vehicles are accounted for withui this blended ratio and thus need no further consideration (particularly at the high school versus college level), and the further conclusion that the realistic need for houseparent suite parking is a ratio of 2.5 spaces per houseparent suite. Taken together, they represent the parking needs calculation methodology laid out in the Findings and Recommendation section of this assessment. Backing up to that "blended" ratio consideration, actual field study ratios topped out at 0.22 spaces per student and this ratio reflects the aggregate parking needs of all faculty, staff, commuter or resident student, and visitor campus parkers. It is customary to add a contingency factor to raw field study data when converting to a "design" ratio, with that contingency being on the order of 10 %. In this application, the peak field- studied ratio or 0.22 has been increased by 25 percent and rounded up to 0.28 spaces per student. That value is concluded to be a conservative basis to determine the on -going parking needs of the Academy. Additionally, LLG further recommends a student parking permit program as a management technique to assure sufficient student parking spaces for those students parking on campus, with the further objective to contain Academy parking within only on- campus parking facilities during regular school hours. Special Event Parking Needs It is recognized that schools have special events and programs of relatively limited frequency with parking needs that may exceed their day -to -day requirements. Vehicle occupancy ratios during those events often average from two to three persons (or more) per car, versus ratios much closer to one person per car for daytime faculty, staff, and student commuters. As such, the 126 space "design' need (at full Academy S'9'07�1113' =2 - riu \calcmr. S-1. Ina (C— N,wifl Lct --f• F- ci'PAIWIKG `.Ef D5 Mr5ESS %I Eur IF &t 31 B -35 Page 7 enrollment, but exclusive of the parking need for houseparent suites) and parking provision associated with those "normal" daytime requirements translate to a greater need for parking support for visitors during those special events and programs. The attached Table 1 is the result of an extensive collaboration with the Academy team to identify the type and expected attendance levels, and more specifically the "outside envelope" of parking needs in conjunction with each of these events. From the table, it can be seen that the parking needs "snapshot" includes a "venue based" calculation that considers the occupancy capacities of the two primary assembly areas of the Academy Master Plan at full site development. Those are the "Black Box" performing arts venue (with capacity for 200) as well as the Gymnasium proposed in Phase 2 of the project. When set in a bleacher configuration, the gymnasium would seat 500. With the bleachers folded away, the floor area available for public assembly would convert to an attendance capacity of 558 based on a permitted occupancy ratio of 15 square feet per person. Irrespective of venue capacities, the table goes on to estimate peak attendance populations in terms of attendees, which are converted to parking demand by use of an AVR as defined in the table, or participating student households where a needed parking ratio of 1 space per attending student household is applied. It should be noted that these parking ratios and conversion factors are concluded to be conservative in that they generally ignore the potential of arrival to the site by means of other than private vehicle, with those means potentially including on -foot, drop off /pick up, and/or public transportation. In the realm of home basketball or volleyball games, they also generally ignore the potential for van and bus transportation by visiting teams and fans. All in all, the focus of the table is to identify the range of peak parking needs of this menu of events, and isolate the maximum expected parking demand level as the basis for sizing potential off -site parking needs to be supported by an Event Parking Management Plan. Looking further to the table, other simultaneous parking needs to be considered in parallel to the actual event are also considered. These include the presence of faculty /staff as well as the background needs of parking for houseparents in the "Family Units ". Taken together, the array of parking demand projections in Table I indicate the following: Given an occupancy limit of 200 attendees, special events taking place on weekday evenings and /or on weekends wholly in the "Black Box" may require limited off -site parking support. The "design level" forecast parking demand of 153 spaces coincident with those events would be nearly accommodated by the site's permanent 146 -space supply, noting further that after -hours use of the drop off /pick up lane for parking purposes would $'3161 ,2111242. The ARj&m, S.,itI M4,3 S FacaPaItKIXG 14-GD5 \CSFCSXIC ITA «ifim 2.17 -1_&,c L •J Page 8 functionally add 23 spaces to the site supply, increasing that supply to 169 spaces. With the latter management technique, parking demand would balance entirely on site. A "full house" bleacher configuration in the gymnasium would require a supply of up to 220 spaces, thus requiring off -site support by 51 to 74 spaces. To the extent that any portion of the 40 basketball or volleyball home games do not produce "full house" crowds, the parking demand would be proportionately less. Working backwards, a maximum supply potential of 169 on -site spaces would balance with game attendance levels no greater than 370 persons. A "full house" gymnasium floor event increases the forecast "design level' event parking needs to 243 spaces, translating to an off-site need of 74 to 97 spaces. Ignoring the venue capacity calculations as summarized above, the range of parking needs associated with the menu of events as defined by the project sponsor tops out at 272 spaces. When contrast with a supply of 146 marked on -site spaces, this suggests an off -site need (via agreement) of at least 126 spaces, noting further that the managed on -site supply (due to event period conversion of the drop off/pick up lane) could grow by 23 spaces, thus reducing the on -site shortfall to 103 spaces. The Table I array and findings indicate that the needs for off-site parking during Academy events as described previously could range from essentially "zero' to a rounded value of 130 spaces. In circumstances such as these, and as noted previously, it is common to secure by agreement available off -site (and off-street) parking from other venues, Church sites are a logical candidate for these agreements because the "rhythm" of their parking demands can be complimentary to the schedule of events forecast at the Academy, particularly when Academy events are scheduled to respect the terms and parking availability periods of such an agreement. As noted previously, Wintersburg Presbyterian Church, which has approximately 298 parking spaces, is essentially diagonally opposite the Academy site at 2000 Fairview Street and a very viable candidate for such an agreement because of proximity, on- foot convenience versus the need for shuttle, and schedule/operational pattern. Other more distant church sites include Orange View Church of Christ (13211 Fairview St, Garden Grove, approximately 169 spaces) and Formosan Presbyterian Church (13072 Fairview St, Garden Grove, 78 spaces). This report recommends securing a parking agreement in support of Academy events as framed in Table I with Wintersburg Presbyterian Church. We understand that favorable discussions in support of a parking agreement between the Academy and Wintersburg Presbyterian Church are now underway. 72- 2- Tls Sams 4.atta &fa ,P.AL{tJNG NEEDS 2- 17- 11 k, 31 B -37 Q O O O a {L W E r rs asa r a d a += w z Q z c 0 C O aL. RV w a c O O E r Z c n — 3 � v v 'd^ ° , V b q V N O r pa 'o o tirs d C u q — �° ^) co v a e E n N C Yu � a o $ o 4 q O u c a a Q A e u ° v o. O n > n d c u N a...y'o t; n ro A oV r o n L a d a e m m 3 • Jill i I `o 0 E t q v V C s d w d N !� a d c e a V_ m 3 « `o � F n ? LL w b # u o v ro °o u 3 E w F O v v � A i G a n � V C � n � 3 m a rca r 'v V d a h W � W d as F�F 3 a 6 a ° o „rs _ « L U ` o u a 0> n � � 2 0.rs� b N � � _ U d i n C L E 8a o a n n F g o u d � fl a o o s m „ O o � Y � C. ` o ru c o N $ V m C � c ce o i u O = Qo o E C u % Al — ° L o ° $ ? M ^ o = D a > c m_ rs R r n n °a � E V y a c a W ` a L Eo V E N V S E M + d 7 d V % uwi ^ M O N N N N N N N r � y F NN 7 W N � 7 0� a-- Ea n n � bC � � Q p IYI N YI N �Oy ppp�p d z z z n qm _°yJ y 7yy^ 3 m �- `.fig z ¢ a 8 M x x x x a n it o ¢ a q V Z H e h N b m c � C o` R '.. E E z'r E z z z z z z z n ° v z z i z z ZW 7 n z ¢ z z Q Q Q Q Q zzzz z2 N O F C• `o G > G m U $ 4 V w o � Oi rs C O V w l7 o > c 0 C O aL. RV w a c O O E r Z c n — 3 � v v 'd^ ° , V b q V N O r pa 'o o tirs d C u q — �° ^) co v a e E n N C Yu � a o $ o 4 q O u c a a Q A e u ° v o. O n > n d c u N a...y'o t; n ro A oV r o n L a d a e m m 3 • Jill i I `o 0 E t q v V C s d w d N !� a d c e a V_ m 3 « `o � F n ? LL w b # u o v ro °o u 3 E w F O v v � A i G a n � V C � n � 3 m a rca r 'v V d a h W � W d as F�F 3 a 6 a ° o „rs _ « L U ` o u a 0> n � � 2 0.rs� b N � � _ U d i n C L E 8a o a n n F g o u d � fl a o o s m „ O o � Y � C. ` o ru c o N $ V m C � c ce o i u O = Qo o E C ATTACHMENT A The Academy Charter High School Parking Requirements Santa Ana Municipal Code Applicable Parking Rate per SAMC Dormitories: 1 space /2 beds OR 1 space per 80 s.f. sleeping area, whichever is greater Total of beds: 80 students+ 16 parents =96/2= OR 48 spaces Sleeping area: Students: 8'x4.5' /student =36 x 80 students =2,880 sd ft Parents: 8'x6' /parent room--48 x 16 rooms =760 sq ft. Total sleeping arca= 3,640 s.f. /80 s.f. 45 spaces High School: i space /150 s.f of classroom AND 1 space /333 of office Offices: Bldg E: 97'x47'= 4,559 sf Bldg C: 145 sf x3= 435 s.f Total offices: 4,994 sf/333= 15 spaces Classrooms: Bldg E: 1,800 sf+ 1,400= 3,200 s.f. Bldg 0: (723 +723 +715 +908 +1400) 2+ (812 +775 +775 +913 +1400) = 13,613 s.f. Bldg H: 2,400 x3 +1,800 x 3= 12,600 s.f. Total classroom: 29,413 s.f /150 s.f.= 196 spaces Total parking required for The Academy: 48 +15 +196= 259 spaces Source: City of Santa Ana Staff 7� THE ACADEMY CHARTER HIGH SCHOOL PROJECT DRAFT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION PREPARED FOR: City of Santa Ana Planning and Building Agency 20 Civic Center Plaza, M -20 Santa Ana, CA 92701 Contact: Vince Fregoso PREPARED BY: ICF International 1 Ada, Suite 100 Irvine, CA 92618 Contact: Chad Beckstrom 949/333 -6600 June 2012 EXHIBIT 8,;. 31 B -40 ICF International. 2012. The Academy Charter High School Project. Draft Initial Study/ Mitigated Negative Declaration. June, (ICF 00914.11.) Irvine, CA. Prepared for City of Santa Ana, CA. 31 B -41 Contents Chapter1 Introduction and Overview ......................................................... ............................1 -1 Overview.................................................................................................................. ............................1 -1 Authority.................................................................................................................. ............................1 -1 Scopeof the IS/ MND ........................................................................... ............................... ........1 -1 ImpactTerminology ................................................................................................ ............................1 -2 IS /MND Organization .............................................................................................. ............................1 -2 Chapter2 Project Description ..................................................................... ............................2 -1 ProjectOverview ..................................................................................................... ............................2 -1 ProjectLocation ....................................................................................................... ............................2 -1 ExistingSetting ........................................................................................................ ............................2 -1 Existing Site Conditions and Surrounding Land Uses ........................................ ............................2 -1 Existing General Plan and Zoning ..................................................................... ............................2 -2 ProjectBackground ................................................................................................. ............................2 -2 Proposed Project ............................................................................... ............................... ..2 -3 ................. Description of the Proposed Project ................................................................. ............................2 -3 Discretionary Approvals Required .................................................................... ............................2 -6 Chapter3 Environmental Checklist .............................................................. ............................3 -1 Environmental Factors Potentially Affected ........................................................... ............................3 -2 Determination......................................................................................................... ............................3 -2 Evaluation of Environmental Impacts ..................................................................... ............................3 -3 1 Aesthetics ............................................................................................. ............................3 -4 II Agricultural Resources ........................................................................ ...........................3 -11 IIIAir Quality ........................................................................................... ...........................3 -13 IV Biological Resources ........................................................................... ...........................3 -30 V Cultural Resources .............................................................................. ...........................3 -33 VIGeology and Soli s ...................................... : .......................... . ......................................... 3 -36 VII Greenhouse Gas Emissions ................................................................. ...........................3 -42 VIII Hazards and Hazardous Materials ...................................................... ...........................3 -49 IX Hydrology and Water Quality ................ ............................... .......3 -54 ... ............................... XLand Use and Planning ........................................................................ ...........................3 -61 XI Mineral Resources .............................................................................. ...........................3 -70 XIlNoise ................................................................................................... ...........................3 -71 Xlil Population and Housing ...................................................................... ...........................3 -82 XIVPublic Services ..................................................................................... ...........................3 -84 XVRecreation ........................................................................................... ...........................3 -88 XVITransportation/ Traffic ........................................................................ ...........................3 -90 XVII Utilities and Service Systems ......................................................... ..............................3 -102 The Academy Charter High School Initial Study /Mitigated Negative Declaration - 1 , r A y June 2012 KF 00914.11 City of Santa Ana Contents XVIII Mandatory Findings of Significance ............................................... ..............................3 -110 Chapter4 References .................................................................................. ............................4 -1 Aesthetics................................................................................................................ ............................4 -1 Agriculture............................................................................................................... ............................4 -1 AirQuality ................................................................................................................ ............................4 -1 CulturalResources ................................................................................................... ............................4 -2 Geology.............................................. ............................... ..4 -3 .................................. ............................... GreenhouseGas Emissions ..................................................................................... ............................4 -3 Hazardsand Hazardous Materials ........................................................................... ............................4 -3 Hydrology and Water Quality ....... ............................... .........4 -4 ................................ ............................... Noise........................................................................................................................ ............................4 -5 PublicServices ......................................................................................................... ............................4 -5 Transportation/ Traffic ............................................................................................. ............................4.5 Utilitiesand Service Systems ................................................................................... ............................4 -5 Chapter5 List of Preparers .......................................................................... ............................5 -1 Cityof Santa Ana ..................................................................................................... ............................5 -1 ICFInternational ...................................................................................................... ............................5 -1 Fehr& Peers ............................................................................................................ ............................5 -1 FuscoeEngineering ................................................................................................. ............................5 -2 Appendix A Air Quality and Greenhouse Gas Data and Calculations Appendix B Geotechnical Study Appendix C Traffic Impact Analysis Appendix D Sewer Capacity Analysis I ne Acacremy Charter High School June 2012 Initial Study /Mitigated Negative Declaration li ICF 00914.11 I:-] I City of Santa Ana Contents Tables Table 2 -1 Summary of Proposed Project ............................................................. ............................2 -3 Table 2 -2 Summary of Impervious Surfaces on the Project Site ......................... ............................2 -4 Table 2 -3 Construction Activities ......................................................................... ............................2 -6 Table 3 -1 Air Quality Data from Costa Mesa Station (ARB 30195) and Anaheim - Pampas Lane Station (ARB 30178) .................................................................. ...........................3 -15 Table 3 -2 Federal and State Ambient Air Quality Standards .............................. ...........................3 -17 Table 3 -3 Federal and State Attainment Status for Orange County Portion South Coast AirBasin .............................................................................................. ...........................3 -17 Table 3 -4 SCAQMD Emission Thresholds (pounds per day) ............................... ...........................3 -20 Table 3 -5 Estimate of Regional Construction Emissions (pounds per day) Before MitigationMeasures ........................................................................... ...........................3 -22 Table 3 -6 Estimate of Construction Emissions (pounds per day) After Implementation ofMitigation ....................................................................................... ...........................3 -23 Table 3 -7 Estimate of Regional Operational Emissions (pounds per day) .......... ...........................3 -24 Table 3 -8 Estimate of Localized Construction Emissions (pounds per day) ....... ...........................3 -26 Table 3 -9 Estimate of Construction Emissions (pounds per day) After Implementation ofMitigation ................................................................................... ............................... 3 -27 Table 3 -10 Estimate of Operation - Period Localized (Onsite) Emissions ............... ...........................3 -28 Table 3 -11 Estimate of Project - Related Greenhouse Gas Emissions .................... ...........................3 -46 Table 3 -12 Proposed Building Heights .................................................................. ...........................3 -62 Table 3 -13 Project Consistency with the Santa Ana General Plan ........................ ...........................3 -63 Table 3 -14 Existing Noise Volumes ....................................................................... ...........................3 -72 Table 3 -1S Typical Noise Levels from Construction Activities at 50 Feet ............. ...........................3 -74 Table 3 -16 Noise Levels from Construction Activities at Closest Sensitive Receivers .....................3 -74 Table 3 -17 Predicted Off Site Exterior Existing, Opening Year (2013), and Opening Year (2019) Traffic Noise Levels with and without the Project .................. ...........................3 -76 Table 3 -18 Exterior Modeled Noise Levels from Fairview Street on Project Facilities ....................3 -77 Table 3 -19 Typical Vibration Levels for Construction Equipment ........................ ...........................3 -79 The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration iii tCF 00914.11 City of Santa Ana Table 3 -20 Reaction of People and Damage to Buildings at Various Continuous Contents The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration iv ICF 00914.11 31 B -45 VibrationLevels................................................................................... ...........................3 -79 Table 3 -21 Project Traffic Generation Forecast .................................................... ...........................3 -92 Table 3 -22 Existing Peak Hour Intersection Capacity Analysis ............................. ...........................3 -93 Table 3 -23 Existing Plus Project (Phases I and 11) — Peak Hour Intersection Capacity Analysis............................................................................................... ...........................3 -95 Table 3 -24 Existing Plus Project (Phases I and 11) — Peak Hour Traffic Signal Warrant Results............................................................................................. ............................... 3 -96 I Table 3 -25 Neighborhood Daily Volume Change .................................................. ...........................3 -97 Table 3 -26 Neighborhood Peak Hour Volume Change ......................................... ...........................3 i -97 Table 3 -27 Project Parking Requirements per Parking Needs Assessment .......... ...........................3 -98 Table 3 -28 Historic and Projected Water Demand from the Project Site ....... ..............................3 i -104 Table 3 -29 City of Santa Ana Projected Water Supply and Demand (AFY) ..... ..............................3 -107 Table 3 -30 Existing Landfill Conditions ............................................................ ..............................3 -108 Table 3 -31 Estimated Solid Waste Generation ................................................ ..............................3 -109 Table 3 -32 Cumulative Projects List ................................................................. ..............................3 -111 I Table 3 -33 Cumulative Traffic Noise ................................................................ ..............................3 -115 Table 3 -34 Cumulative Projects Traffic Generation Forecast .......................... ..............................3 -120 Table 3 -35 Year 2013 Peak Hour Intersection Capacity Analysis ............... ..3 -120 Table 3 -36 Year 2019 Peak Hour Intersection Capacity Analysis ..................... ..............................3 -121 Table 3 -37 Year 2035 Peak Hour Intersection Capacity Analysis ....... ............................... ......3 -122 The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration iv ICF 00914.11 31 B -45 City of Santa Ana Contents Figu res Follows Page Figure2 -1 Project Location Map ........................................................................... ............................2 -2 Figure 2 -2 Aerial of the Project Vicinity ................................................................ ............................2 -2 Figure 2 -3 Project Site Existing Conditions ........................................................... ............................2 -2 Figure 2 -4 Existing General Plan Land Use and Zoning Designations ................ ............................... 2 -2 Figure2 -5 Master Site Plan ................................................................................... ............................2 -4 Figure2 -6 Elevations ............................................................................................. ............................2 -4 Figure 3 -1 Onsite 1800 Panorama North to South from Near the Center of the Project Site....................................................................................................... ............................3 -6 Figure 3 -2 On -Site 180° Panorama North to South from Near the Center of the Project Site....................................................................................................... ............................3 -6 Figure3 -3 KOP Location Map ................................................................................ ............................3 -6 Figure 3 -4 KOP 3 Visual Simulation ....................................................................... ............................3 -6 Figure 3 -5 KOP 9 Visual Simulation ....................................................................... ............................3 -6 Figure 3 -6 KOP 14 Visual Simulation ..................................................................... ............................3 -6 Figure 3 -7 KOP 16 Visual Simulation ..................................................................... ............................3 -6 Figure 3 -8 Noise Measurement and Modeling Locations .................................... ...........................3 -72 Figure 3 -9 Traffic Study Area Interesections ........................................................ ...........................3 -94 Figure3 -10 Cumulative Projects ....................................................................... ..............................3 -112 The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration V ICF 00914.11 e City of Santa Ana Contents Acronyms and Abbreviations µg /m3 microgram per cubic meter AB 939 California Integrated Waste Management Act of 1989 AELUP Airport Environs Land Use Plan afy acre -feet a year ALUC Airport Land Use Commission APST Aboveground Petroleum Storage Tanks AQMPs air quality management plans Basin South Coast Air Basin BAU business as usual CAA Clean Air Act CAAQS California Ambient Air Quality Standards CalARP California Accidental Release Program Caltrans California Department of Transportation CBC California Building Code CCAA California Clean Air Act CDMG California Department of Conservation Division of Mines and Geology CEC California Energy Commission CEQA California Environmental Quality Act CH4 Methane City City of Santa Ana cKOPs candidate KOPs CMA Congestion Management Agency CMP Congestion Management Program CO carbon monoxide CO2 carbon dioxide CO2e carbon dioxide equivalents CPTED crime prevention through environmental design CPUC California Public Utilities Commission CUP Conditional Use Permit CUPA Certified Unified Program Agency DAMP Drainage Area Management Plan dBA A- weighted decibels DPM Diesel Particulate Matter EIR Environmental Impact Report EPA Environmental Protection Agency FAR floor -area -ratio Foundation Orangewood Children's Foundation FTA Federal Transit Administration The Academy Charter High School vi Initial Study /Mitigated Negative Declaration 31 B -47 June 2012 ICF 00914. 11 City of Santa Ana gpd gallons per day GWP global warming potential HCPs Habitat Conservation Plans HMD Hazardous Materials Disclosure I Interstate ICU Interesection Capacity Utilization IPCC Intergovernmental Panel on Climate Change IS initial study KOP Key Observation Point Leq equivalent continuous noise level LIP Local Implementation Plan LOS level of service LST Localized Significance Threshold LOFT Leaking Underground Fuel Tank MATES III Multiple Air Toxics Exposure Study III MBTA Migratory Bird Treaty Act MCE Maximum Considered Earthquake Metropolitan Metropolitan Water District of Southern California mgd million gallons per day MMT million metric tons MND mitigated negative declaration MPO metropolitan planning organization MS4 Municipal Separate Storm Water System Museum Natural History Museum of Los Angeles County MUTCD Manual on Uniform Traffic Control Devices NAAQS National Ambient Air Quality Standards NCCPs Natural Community Conservation Plans NHMP Natural Hazards Mitigation Plan NO2 nitrogen dioxide NPDES National Pollutant Discharge Elimination System 03 Ozone OCSD Orange County Sanitation District OCTA Orange County Transportation Authority OCTAM Orange County Transportation Analysis Model OCWD Orange County Water District OPR Office of Planning and Research P Professional PAO Professional & Administrative Office Pb Lead PHGA Peak Horizontal Ground Acceleration PM10 particulate matter less than or equal to 10 micrometers in diameter I ne Aca0emy Cnarter High School Initial Study /Mitigated Negative Declaration vn �t '11 e Contents June 2012 ICF00910.11 City of Santa Ana PM2.5 particulate matter less than or equal to 2.5 micrometers in diameter PO City of Santa Ana Professional Office PPM parts per million PPV peak particle velocity RCPG Regional Comprehensive Plan and Guide SAFD Santa Ana Fire Department SAPD City of Santa Ana Police Department SCAG Southern California Association of Governments SIP State Implementation Plan SMARA Significant Mineral Aggregate Resource Areas SOz sulfur dioxide SR State Route SR -22 State Route 22 SRA Source Receptor Area SRRE Source Reduction and Recycling Element SWPPP Storm Water Pollution Prevention Plan TACs toxic air contaminants TIA Traffic Impact Analysis TNM Traffic Noise Model UST Underground Storage Tanks VMT vehicle miles traveled VOCS volatile organic compounds WQMP Water Quality Management Plan WRCC Western Regional Climate Center Contents The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration viii ICF 00914.11 � � J Chapter 1 Introduction and Overview Overview The City of Santa Ana (City) as the lead agency under the California Environmental Quality Act (CEQA) has prepared this initial study (IS) and proposed mitigated negative declaration (MND) to evaluate the potential environmental consequences associated with The Academy Charter High School project. The proposed project consists of development and operation of a residential private charter high school for up to 450 students, 80 of which would reside onsite, on an approximately 7.2 -acre project site located at 1901 -1919 North Fairview Street in the northwestern portion of the City of Santa Ana. Implementation of the proposed project will require a Conditional Use Pert-nit (CUP) to allow a school within the P (Professional) Zoning district, a variance to deviate from the building and fence /wall height requirements, a lot merger, and a variance to reduce the required parking spaces. In addition, and as part of the City's approval process, the proposed project is required to undergo an environmental review in accordance with the CEQA. Authority The preparation of an IS /MND is governed by two principal sets of documents: CEQA (Public Resources Code Section 21000, et seq.) and the State CEQA Guidelines (California Code of Regulations Section 15000, et seq.). Specifically, Section 15063 of the State CEQA Guidelines and Sections 15070 -15075 of Article 6 guide the process for the preparation of a negative declaration or a mitigated negative declaration. Where appropriate and supportive to an understanding of the issues, reference will he made either to the statute, the State CEQA Guidelines, or appropriate case law. This IS /MND, as required by CEQA, contains 1) a project description; 2) a description of the environmental setting, potential environmental impacts, mitigation measures for any significant effects, and consistency with plans and policies; and 3) names of preparers. The mitigation measures included in this IS /MND are designed to reduce or eliminate the potentially significant environmental impacts described herein. Where a mitigation measure described in this document has been previously incorporated into the project, either as a specific feature of design or as a mitigation measure, this is noted in the discussion. Mitigation measures are structured in accordance with the criteria in Section 15370 of the State CEQA Guidelines. Scope of the IS /MND This IS /MND evaluates the proposed project's effects on the following resource topics: aesthetics • agriculture and forestry resources The Academy Charter High School June 2012 Initial Study /Mltigated Negative Declaration 1 1 ICF 00914.11 �' '�1� L City of Santa Ana Introduction and Overview • air quality • biological resources • cultural resources • geology /soils • greenhouse gas emissions • hazards & 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 Impact Terminology The following terminology is used to describe the level of significance of impacts: • A finding of no hnpact is appropriate if the analysis concludes that the project would not affect the particular topic area in any way. • An impact is considered less than significant if the analysis concludes that it would cause no substantial adverse change to the environment and requires no mitigation. • An impact is considered less than significant with mitigation incorporated if the analysis concludes that it would cause no substantial adverse change to the environment with the inclusion of environmental commitments or other enforceable measures that have been agreed to by the applicant. • An impact is considered potentially significant if the analysis concludes that it could have a substantial adverse effect on the environment. For the proposed project, no impacts were determined to be potentially significant. IS /MND Organization The content and format of this report are designed to meet the requirements of CEQA. The IS /MND consists of the proposed findings that the project, as mitigated, would have no significant impacts. The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 1 -2 ICF00914.11 31 B -51 City of Santa Ana Introduction and overview The bulk of this IS /MND consists of the initial study and supporting studies. The report contains the following sections. • Chapter 1, "Introduction and Overview," identifies the purpose and scope of the IS /MND and the terminology used in the report. • Chapter 2, "Project Description," identities the location, background, and planning objectives of the project and describes the proposed project in detail. • Chapter 3, "Environmental Checklist and Analysis," presents the checklist responses for each resource topic. This section includes a brief setting section for each resource topic and identifies the impacts of implementing the proposed project. • Chapter 4, "Mitigation Monitoring Plan and Report," presents a list of the mitigation measures, identifies the time frame for implementation, identifies the responsible monitoring agency, and includes a reporting form for verification of compliance. • Chapter 5, "References," identifies all printed references and individuals cited in this IS /MND. • Chapter 6, "List of Preparers," identifies the individuals who prepared this report and their areas of technical specialty. The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 1 -3 ICF 00914.11 'k mvA Chapter 2 Project Description Project Overview Orangewood Children's Foundation is proposing to construct and operate a new charter high school on the former Santa Ana Hospital Medical Center site in the City of Santa Ana. The project will consist of two new education buildings, one administrative /library building, and a gymnasium to accommodate 450 students. Ancillary to the school, the applicant is also proposing three residential buildings and one administrative /support building to accommodate 80 students that would reside onsite. The proposed project requires a CUP to allow a school, a variance to deviate from building and garden wall height limit requirements, a lot merger, and a variance to reduce the amount of required parking spaces. Project Location The project site consists of two parcels totaling 7.2 acres located at 1901 and 1919 North Fairview Street, which is south of State Route 22 (SR -22) near the southeast corner of North Fairview and Edna Drive in the northwestern portion of the City of Santa Ana (Figures 2 -1 and 2 -2). Regional access to the project site is generally provided by the Fairview Street exit from SR -22, Garden Grove Boulevard, and 17th Street, which is a major arterial in Santa Ana. Existing Setting Existing Site Conditions and Surrounding Land Uses The project site is currently vacant and undeveloped. Large areas of the site are covered with cement, asphalt, concrete building slabs, and a large pile of rubble that are remnants of the previous hospital and medical office buildings that were demolished in 2011. In addition, the site contains scattered trees, grass, other ornamental landscaping, and parking lot lighting from the previous development. The site is bound on three sides by a block wail that varies in height, but averages 6 feet high. Figure 2 -3 shows the existing condition of the project site. The project site is located within an urban and fully developed area that is surrounded by single - family and condominium residential uses, and a medical rehabilitation center (Figure 2 -2). Land uses in the project vicinity include a combination of commercial, office, religious, and single - family residential uses. Edna Park and the Santa Ana River lie approximately 0.1 mile to the east of the site, separated by single - family residential uses. Adjacent land uses include: • A convalescent hospital (St. Edna Subacute & Rehabilitation Center) and Edna Drive are located to the north. • North Fairview Street to the west, with a church, single - family residential and auto - related commercial uses across Fairview Street The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 2 -1 ICF 00914.11 31 B -54 City of Santa Ana Project Description • Multi - family residential uses adjacent to the south. • Single - family residential uses adjacent to the east. Existing General Plan and Zoning The site is designated by the City's General Plan for Professional & Administrative Office (PAO) land uses with a floor -area -ratio (FAR) of 0.5. The PAO General Plan land use designation with an FAR of 0.5 applies to areas where professional and /or administrative offices are predominant and areas intended for lower - intensity office and professional service uses that are compatible with residential neighborhoods. The existing zoning for the site is P (Professional), which provides for a variety of uses that are subject to a CUP (per municipal code section 41- 313.5), including extended care facilities, trade and professional schools, gymnasiums, and recreational uses. The purpose of the P zoning is to permit professional, business /service, medical, and administrative uses where no merchandise is sold. The current P zoning allows for the proposed project with the approval of a CUP. Uses subject to a CUP within the P zoning district include hospitals, trade and professional schools, and extended care facilities. The existing General Plan land use and zoning designations are shown on Figure 2 -4. Project Background The proposed project site was previously developed with hospital and medical buildings. A search of the site's history indicates that the site was utilized by Riverview Hospital from 1964 to 1985, at which time the site became the Santa Ana Hospital and Medical Center until it was demolished in 2011. The project applicant, Orangewood Children's Foundation (Foundation), was founded over 30 years ago as a 501(c)3 nonprofit for the purpose of developing a facility to shelter Orange County children who are victims of abuse, neglect, and abandonment. In 1985, the Foundation completed development of the Orangewood Children's Home, which is located in the City of Orange. This facility provides housing for minors, an onsite K -12 school and preschool, medical facilities, recreational facilities, a Child Abuse Services Team, and a Family Visitation Center. In addition to supporting the operation of the Children's Home, the Foundation currently provides a wide range of programs, activities, and education to Orange County foster children. Through operation of these programs the Foundation has realized that barely half of all teens in the Orange County foster care system are graduating from high school. As a result, the Foundation has identified a residential high school as a solution to this existing community issue and thus proposes this project. The purpose of the Academy is to meet the educational needs of foster youth by providing these young people with high- quality secondary education and a firm base of support. In addition, it will provide Orange County foster teens and at -risk youth with a solid foundation for life, instilling in them the skills and confidence needed to live healthy and productive lives that ultimately break the cycle of abuse. The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 2 z 1CF 00914.11 31 B -55 Figure 2 -1 Project Location Map The Academy, City of Santa Ana : •" 31 B -57 ICF :lip M a m N O C 'O Q C) o b V) C V Kv ui d O � a� v l 1 I�4r � r 3: 6 g° tl • .r g 4 � :lip M a m N O C 'O Q C) o b V) C V Kv ui d O � a� is I I wool w 's =15 0 • E . City of Santa Ana Project Description Proposed Project Description of the Proposed Project The proposed project includes the development of eight buildings on the 7.2 -acre project site, consisting of three residential buildings, two educational buildings, a gymnasium, an administrative /library building, and an administrative support building. At buildout, the project would support the enrollment of 450 students, including 80 students that would reside on the project site. As shown on Figure 2 -5, the eight proposed buildings would be located throughout the property and would be surrounded by existing development. The project's components would be developed in two phases, which are listed and summarized below in Table 2 -1. Table 2 -1. Summary of Proposed Project Phase I of the proposed project (shown in Figure 2 -5) would include the construction of six buildings — Buildings A, B, C, D, E, and G— totaling 110,517 square feet. Phase II would consist of the gymnasium (Building F) and one classroom building (Buildings H) totaling 35,619 square feet, and completing the total project buildout of 146,136 square feet. The timing of Phase Ii has not yet been determined, but estimated to be 5 years after the opening of Phase I, and is used as the assumption for the analysis in this document. All of the project buildings would range from one to three stories and would be between 25' and 55' in height. The project includes 146 parking stalls that would be constructed during Phase I and would be distributed around the perimeter of the site. Vehicular ingress to the project site would be provided from North Fairview Street at the south end of the site. Student drop -off areas would follow the perimeter of the site to egress onto North Fairview Street at the north end of the site. 1 ne Acaoerny Charter High School June 2012 Initial5tudy /Mtitigated Negative Declaration 2 -3 ICF00914.11 ' r. • Square Percent Building Use Stories /Height Number Feet of Total Phase i A Family Unit Building 3/35' 1 17,500 12/0 B Family Unit Building 3/35' 1 17,500 12% C Residential Administration /Support 1/25' 1 3,200 2% Building D Family Unit Building 2/25' 1 11,664 8% E Administration, Classroom, Assembly 2/35' 1 30,332 21% Building G Classroom 3/55' 1 30,321 21% Phase 1 Subtotal 5 110,517 76% Phase F Gymnasium 2/35' 1 21,660 14% H Classrooms 2/35' 1 13,959 10% Phase 11 Subtotal 2 35,619 24% TOTALS 146,136 100% Phase I would also include the construction of general site improvements, including parking facilities. Phase I of the proposed project (shown in Figure 2 -5) would include the construction of six buildings — Buildings A, B, C, D, E, and G— totaling 110,517 square feet. Phase II would consist of the gymnasium (Building F) and one classroom building (Buildings H) totaling 35,619 square feet, and completing the total project buildout of 146,136 square feet. The timing of Phase Ii has not yet been determined, but estimated to be 5 years after the opening of Phase I, and is used as the assumption for the analysis in this document. All of the project buildings would range from one to three stories and would be between 25' and 55' in height. The project includes 146 parking stalls that would be constructed during Phase I and would be distributed around the perimeter of the site. Vehicular ingress to the project site would be provided from North Fairview Street at the south end of the site. Student drop -off areas would follow the perimeter of the site to egress onto North Fairview Street at the north end of the site. 1 ne Acaoerny Charter High School June 2012 Initial5tudy /Mtitigated Negative Declaration 2 -3 ICF00914.11 ' r. • City of Santa Ana Project Description Visitor parking would be provided within the east portion of the site, and will have a separate egress driveway onto Fairview Street. The architectural style of the project would be contemporary /modern, incorporating concrete, vertical corrugated siding, smooth siding, wood, and glass. Project elevations are provided in Figure 2 -6. Each floor of the three Family Unit Buildings ( Buildings A, B, and b) would function as one family unit and include five student bedrooms (accommodating 10 students), a guardian suite, a kitchen, dining groom, living room, laundry, and a social worker resident office. Second and third story units would also include a front porch. The guardian suites each include two bedrooms, a living area, kitchen, and full bathroom. The Residential Administration /Support Building (Building C) would include offices and other areas dedicated to maintenance and housekeeping, in addition to a 1,300 square foot community room for events and meetings. Building E, the Administration, Classroom, and Assembly Building, would include offices for staff, a theater, student union, juice bar, fitness area, and classrooms for fine and applied arts and technology. Classroom Building G, which consists of a three -story structure, would contain a total of 12 classrooms equipped with a lab and learning commons on each level. Phase If would include Classroom Building H, containing a total of six labs, three on each floor, and a gymnasium that includes a 9,500 square foot basketball court, storage and maintenance areas, concessions, and a 2,400 square foot fitness area. The project would also include improvements to the existing onsite drainage facilities and installation of new landscaping and hardscape throughout the project area. As shown in Table 2 -2, buildout of the project would result in a slight reduction in the impervious surfaces on site. Pervious areas on site will consist of landscaping areas and permeable pavers. Table 2 -2. Summary of impervious Surfaces on the Project Site Pervious Impervious Square Footage Percent Square Footage Percent Existing Conditions 81,000 26% 230,540 74% Buildout Conditions 87,231 28% 224,309 72% Operations Tile Academy will operate on a traditional school schedule, typically starting in late August or early September, and ending in mid -June. The estimated schedule for the 2013 -2014 school year is to begin oil Thursday, August 29, 2013 and end on Tuesday, June 17, 2014. The total number of school days will be approximately 184 days per school year. However, the residential component of the project would operate year - round. The Academy will serve both the foster youth and educationally at -risk students residing in Orange County in grades 9 -12. Eighty of the students will reside on the campus in the residential facilities. In its first year of operation starting September 2013, the charter high school will serve approximately 80 students in 9th grade. Each subsequent year, it will add an additional 80 9th grade students until it reaches an enrollment of 320 students that will be served by the Phase I facilities, with 80 residing onsite. The addition of Phase it will allow the school to serve a total of 450 students, of which a The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 2 -4 ICF 00914.11 31 B -67 N C LL W d1 w O U Q 0 t H F' City of Santa Ana Project Description maximum of 80 will continue to reside onsite. The Academy's operational staffing will include a total of 72 positions, which include the following personnel: • 41 educational personnel during school hours for full occupancy of Phase 1, • 7 additional educational personnel would be needed during school hours for full occupancy of Phase I1, providing a total of 48 educational staff for operation of the project buildout. • 9 personnel would be onsite overnight year -round for residential staffing, • 15 additional personnel would be onsite during normal business hours year - round. The Academy classes will be arranged in a block schedule, which allows for classes of one hour and fifty minutes in length. The school day begins at 8:00 a.m. and finishes at 3:15 p.m. and consists of core academic classes as well as career - related courses, lunch, and physical education. The administrative support building will be occupied by staff during normal business hours, and the residential buildings will be occupied by staff and students 24 -hours per day. As described above, the residential component of the project will serve up to 80 foster youth in attendance at the Academy. The on- campus residence will be licensed by the State of California Community Care Licensing Division and will adhere to the highest standards of care. The youth will have 24 -hour supervision in a home -like setting. The Academy will partner with an experienced licensed group care provider for the administration of the residential program. Each family unit will be headed by a set of house parents who will each work with the 10 youth under their care. Onsite security is part of the project design and operations. The design of the Academy project provides the ability to secure the entire campus with two large vehicular gates at the north and south entrances to the site, which will prevent vehicle entrance to the campus during non - school hours. There will also be pedestrian gates at the primary entrance points to the campus to allow restricted pedestrian access. Only the visitor parking fronting Fairview Road will be accessible throughout the day and in the evenings. Furthermore, the Academy, in conjunction with Santa Ana police and fire departments, is preparing an emergency preparedness handbook drafted specifically to meet the needs of the school site. This handbook will include emergency response plans for fire, flood, earthquake, terrorist threats, and hostage situations. Access to buildings will be controlled using a key fob system. Key fobs will be programmed specifically for each individual, allowing them access to specific buildings and classrooms based on their employee responsibilities or student status. The entire campus will be equipped with an extensive security camera system that will monitor any illegal or suspicious activity on campus either during school or after hours. Construction Construction of Phase I is anticipated to take approximately 13 months to complete. Construction of Phase Il is anticipated to take 12 months. As listed in Table 2 -3, the project consists of various phases of activities over the construction period. As shown, the estimated maximum number of construction workers onsite at any one time would be 90, which would occur during Phase I construction. All construction staging and storage areas and activities would be located onsite. I ne Acaoemy Charter High School 12 20 Initial Study /Mitigated Negative Declaration 2 -5 tCF 0 June 2011 • 00� City of Santa Ana Table 2 -3. Construction Activities Project Description The project site would be fenced during construction with access limited to construction personnel and other authorized personnel. Nighttime lighting onsite during construction would be limited, providing only lighting necessary for safety and security. Consistent with the City's Noise Ordinance, construction activity would be limited to between 7:00 a.m. and 8:00 p.m. on weekdays and Saturday. No construction is proposed on Sundays or federal holidays. Discretionary Approvals Required The City of Santa Ana is the lead agency under CEQA and is responsible for permitting the project. The applicant requests the following discretionary actions to implement the project: • Conditional Use Permit to allow trade and professional schools use with ancillary residential and recreational facilities uses; • Variance to allow for an increase in allowable building and garden wall height and a parking reduction; • Lot merger; and • Adoption of the Mitigated Negative Declaration. The Academy Charter High School June 2012 Initial Study/Mitigated Negative Declaration 2 -6 ICF00914.11 I Te J Total Estimated Maximum Round Truck Number of Construction Trip Truck Trips Per Activity Workers Activity Area Trips Day Duration Per Day Please I Excavation and Soils 5,000 cubic yards 360 180 2 days 10 Import (cy) Rough Grading and 312,945 square feet 35 0 -3 7 weeks 10 Bldg. Pad Prep (so Fine Grading & Soil 220,588 sf 10 0 -3 3 weeks 10 Prep Site Trenching and 312,945 sf 35 0 -3 7.5 weeks 20 Building Foundation Excavation Building Construction 92,357 sf 200 0 -3 11 months 90 Concrete for Footings 1,400 cy 140 0 -3 8 weeks 25 and Slabs Asphalt Parking Lot 62,964 sf 30 0 -3 2 weeks 10 Area Phase 11 Fitie Grading & Soil 30,450 sf 10 0 -3 3 weeks 10 Prep Site Trenching and 83,050 sf 25 0 -3 6 weeks 15 Building Foundation Excavation Building Construction 52,600 sf 150 0 -3 11 months 80 Concrete for Footings 1,000 cy 100 0 -3 6 weeks 20 and Slabs The project site would be fenced during construction with access limited to construction personnel and other authorized personnel. Nighttime lighting onsite during construction would be limited, providing only lighting necessary for safety and security. Consistent with the City's Noise Ordinance, construction activity would be limited to between 7:00 a.m. and 8:00 p.m. on weekdays and Saturday. No construction is proposed on Sundays or federal holidays. Discretionary Approvals Required The City of Santa Ana is the lead agency under CEQA and is responsible for permitting the project. The applicant requests the following discretionary actions to implement the project: • Conditional Use Permit to allow trade and professional schools use with ancillary residential and recreational facilities uses; • Variance to allow for an increase in allowable building and garden wall height and a parking reduction; • Lot merger; and • Adoption of the Mitigated Negative Declaration. The Academy Charter High School June 2012 Initial Study/Mitigated Negative Declaration 2 -6 ICF00914.11 I Te J 1. Project Title: 2. Lead Agency Name and Address: 3. Contact Person and Phone Number 4. Project Location: S. Project Sponsor's Name and Address: 6. General Plan Designation: 7. Zoning: 8. Description of Project: 9. Surrounding Land Uses and Setting: 10. Other Public Agencies Whose Approval is Required: Chapter 3 Environmental Checklist The Orangewood Academy Charter High School City of Santa Ana Planning and Building Agency 20 Civic Center Plaza, M -20 Santa Ana, CA 92701 Vince Fregoso, Principal Planner, 714 - 667 -2713 1901 -1903 North Fait-view Street Santa Ana, CA, 92706 -2205 Assessor's Parcel Number 399 - 031 -23 (Figures 2 -1 and 2 -2) Orangewood Children's Foundation 1575 East 17th Street Santa Ana, CA 92705 PAO (Professional /Administrative Office) P (Professional) Development of a charter high school (The Academy) for education specific to Orange County foster youth. (See Chapter 2) Single- and multi - family residential, religious /church, commercial, parking, and roadways N/A The Academy Charter High School 3 June 2012 Initial Study/Mitigated Negative Declaration 1CF00914.11 City of Santa Ana Environmental Checkllst Environmental Factors Potentially Affected The environmental factors checked below would potentially be affected by this project (i.e., the project would involve at least one impact that is a "Potentially Significant Impact"), as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture and forest ❑ Air Quality Resources ❑ Biological Resources ❑ Cultural Resources ❑ Geology /Soils ❑ Greenhouse Gas ❑ Hazards and Hazardous ❑ Hydrology /Water Quality Emissions Materials ❑ Land Use /Planning ❑ Mineral Resources ❑ Noise ❑ Population /Housing ❑ Public Services ❑ Recreation ❑ Transportation /Traffic ❑ Utilities /Service Systems ❑ Mandatory Findings of Significance Determination On the basis of this initial evaluation: ❑ i find that the proposed project COULD NOT ]lave a significant effect nit the environment, and a NEGATIVE DECLARATION will be prepared. ® t 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 of- agreed to by the project proponent. A MITIGATED NEGATIVE DECLARA'T'ION 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 an impact on the environment that is "potentially significant" or "potentially significant unless mitigated" but at least one effect (2) 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 attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but It must analyze only the effects that rentaln to be addressed. ❑ I find that 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 ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that arT up it the project, nothing further is required. A' 6 /T //)- Signature Date U(t4cr-,-, 1 -!S t��SU etc( (e S r*M ffr-IA Printed Name For The Academy Charter High School June 2012 Jelnal Study /Mitigated Negative Declaration 3 -9 ICF 00914.11 31B -71 City of Santa Ana Environmental Checklist Evaluation of Environmental Impacts 1. 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 if 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 a project- 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, 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 Environmental Impact Report (EIR) is required. 4. "Negative Declaration: Less than Significant with Mitigation Incorporated" applies when the incorporation of mitigation measures has reduced an effect from a "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 Section XVII, "Earlier Analyses," may be cross - referenced.) 5. Earlier analyses maybe used if, pursuant to 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)j. In this case, a brief discussion should identify the following: a. Earlier Analysis Used. Identify and state where earlier analyses 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 Incorporated," 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, when 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 a less -than- significant level. The Academy Charter High School Initial Study /Mitigated Negative Declaration 3 -3 2 ICF0 June 20 20212 City of Santa Ana Environmental Checklist b. Substantially damage scenic resources, ❑ ❑ ❑ ED including, but not limited to, trees, rock outcroppings, and historic buildings along a 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 daytime or nighttime views in the area? Discussion Existing Condition of Project Site and Vicinity Project Vicinity Characterization The existing visual condition of the project site's viewshed is a developed urban neighborhood with a mix of land uses. As described further in the Land Use Section, the majority of the project vicinity is developed with residential uses. Areas to the east of the site are developed with single family residential homes. Older single- family residential homes that were built in the 1950s lie to the west of the project site, across Fairview Street. Multi- family residential two -story condominiums are located to the south, adjacent to the project site, and to the southwest across Fairview Street. To the north of the site, separated by a 6 -foot block wall, is the St. Edna Subacute & Rehabilitation Center, a linear one -story building. Other commercial and educational land uses are scattered amongst the residential land uses along North Fairview Street and W. 17th Street, which are the two arterial roadways in the project vicinity. This established area has mature ornamental landscaping along the roadways and parcel frontages. Public Views Viewer groups are broadly characterized as having public or private views. Public views are available to all visual receptors, such as views from a neighborhood park or roadway. Private views, however, are exclusive to property owners and their guests or members, and include places such as residences and private facilities (e.g., golf clubs or tennis clubs). The project vicinity is developed and has public views that are generally limited to corridors along roadways, with the exception of Edna Park and the Santa Ana River. Public viewers of the project site include motorists, pedestrians, and bicyclists along area roadways, and recreational viewers from Edna Park and the Santa Ana River trail. Edna Park is located adjacent to the Santa Ana River, The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 3 -4 ICF 00914.11 SIM Less -than- Significant Potentially Impact with Less -than- Significant Mitigation Significant No 1. Aesthetics Impact Incorporated Impact Impact Would the project: a. Have a substantial adverse effect on a scenic ❑ ❑ ® ❑ Vista? b. Substantially damage scenic resources, ❑ ❑ ❑ ED including, but not limited to, trees, rock outcroppings, and historic buildings along a 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 daytime or nighttime views in the area? Discussion Existing Condition of Project Site and Vicinity Project Vicinity Characterization The existing visual condition of the project site's viewshed is a developed urban neighborhood with a mix of land uses. As described further in the Land Use Section, the majority of the project vicinity is developed with residential uses. Areas to the east of the site are developed with single family residential homes. Older single- family residential homes that were built in the 1950s lie to the west of the project site, across Fairview Street. Multi- family residential two -story condominiums are located to the south, adjacent to the project site, and to the southwest across Fairview Street. To the north of the site, separated by a 6 -foot block wall, is the St. Edna Subacute & Rehabilitation Center, a linear one -story building. Other commercial and educational land uses are scattered amongst the residential land uses along North Fairview Street and W. 17th Street, which are the two arterial roadways in the project vicinity. This established area has mature ornamental landscaping along the roadways and parcel frontages. Public Views Viewer groups are broadly characterized as having public or private views. Public views are available to all visual receptors, such as views from a neighborhood park or roadway. Private views, however, are exclusive to property owners and their guests or members, and include places such as residences and private facilities (e.g., golf clubs or tennis clubs). The project vicinity is developed and has public views that are generally limited to corridors along roadways, with the exception of Edna Park and the Santa Ana River. Public viewers of the project site include motorists, pedestrians, and bicyclists along area roadways, and recreational viewers from Edna Park and the Santa Ana River trail. Edna Park is located adjacent to the Santa Ana River, The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 3 -4 ICF 00914.11 SIM City of Santa Ana Environmental Checklist and both are approximately 500 feet to the south of the project site. The width of the Santa Ana River and its concrete -lined channel creates separation and more panoramic views than the adjacent street system in the area. The views from Edna Park and the Santa Ana River toward the project site are limited to a single view corridor provided by Huckleberry Road. This view corridor from Edna Park is constrained by existing residential structures and their associated landscaping, which create visual obstructions. Further, the view of the project site is constrained by the existing 6 -foot concrete wall the bounds the project site on three sides. Private Views Given the flat topography and the density of the built environment in the vicinity of the project, the residents directly adjacent to the project site have the most prominent views. The residential uses east and adjacent to the project site have direct views of the project site. Additionally, views from residences within the adjacent condominiums to the south have close views of the project site. However, the vast majority of the condominium residents do not have direct views of the project site because of the orientation of the residential units and the existing visual obstructions, including walls and trees that separate the parcels. Likewise, the recreational areas (i.e., swimming pool and tennis courts) within the condominium development are screened from the project site by the existing built environment. The residential land uses to the west of Fairview Avenue have over 80 feet of separation from the project site and a busy thoroughfare between residences and the project. In addition, these residences are largely faced inward, toward the residential streets, and not oriented toward Fairview Street or the project site. The St. Edna Subacute & Rehabilitation Center adjacent to the north of the project site has an exterior patio area in an enclave on the east side of the building adjacent to the parking lot. This area is screened from the project site by a jog in the building envelope that provides a visual obstruction. In addition, views of the project site, including patient rooms, are obstructed by the existing 6 -foot wall that exists between the rehabilitation center and the project site. Onsite Baseline Visual Conditions As evidenced by the panoramas shown on Figures 3 -1 and 3 -2, the views to and from the site are constrained by the density and intensity of the built environment that surrounds the site on all four sides. The perimeter walls on the north, east, and south of the property further constrain the viewshed. The walls average 6 feet in height and are painted an off -white color. The eastern wall has graffiti adjacent to a painted -over area that was likely covered with graffiti as well. The southern boundary wall adjacent to the multi- family residential development is shorter and topped with a 30- inch wrought -iron metal fence. The western viewshed is more open because it Is adjacent to Fairview Street and lacks a perimeter wall. The western boundary is defined by a temporary chain -link fence supported by round steel posts. Although chain -link fencing is visually unobtrusive from a distance, when viewed closely it is unattractive and industrial- looking. In addition, the Fairview Street road, sidewalks, and right -of- way creates additional openness from southwest to northwest views. However, the traffic along Fairview Street also creates a visual distraction and boundary. The character of the onsite landscape can be described as previously developed vacant land. The immediate foreground is dominated by concrete foundations. Their geometric shape is reinforced by the pollution prevention structures along their perimeters. Further into the foreground asphalt and concrete driveways transition smoothly along the foundations. Mature trees are the site's dominant The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 3 -5 ICF 00914.11 31 B -74 City of Santa Ana Environmental Checklist vertical presence. The trees are the landscaping remnants of the site's former hospital and medical center buildings. With these buildings gone the landscaping no longer has context and the existing tree placement appears random; their aesthetic appeal is compromised. The smaller shrubs in the raised planting pits are in poor condition due to a.lack of irrigation. A temporary 25 -foot tall aggregate stockpile in the northeast corner of the property is a visual incongruity, which gives this portion of the site an industrial character. In addition, the power poles located along the site's southern boundary give it an industrial character. In summary, the baseline onsite visual conditions are inharmonious with the developed viewshed of the project vicinity, which is mostly a densely developed urban landscape. Key Observation Points Key observation points (KOPs) are public vantage points with views of the project site which may /will change from the baseline conditions as a result of project implementation. Because of the presence of the built environment, public views of the project site are associated with streets which, in an urban environment, create openness and consequently provide view corridors and public viewing locations. During the field reconnaissance investigations conducted on January 17, 2012,18 candidate KOPs (cKOPs) were identified and photographed. Figure 3 -3 is an aerial photograph of the project's vicinity showing the location and spatial distribution of the cKOPs. While all the cKOPs were from public vantage points, most are considered as also representing similar views which could be expected from residences in the immediate vicinity of the cKOP. The 18 cKOPs were evaluated for their relative visual sensitivity, and narrowed down to the top four KOPs that represent the highest sensitivity or are representative of general views of the project. These top four KOPs are described below, and are used for the visual simulations that are provided in Figures 3 -4 through 3 -7. KOP 3 KOP 3 is located at the terminus of Huckleberry Road in Edna Park, which is adjacent to the east of the Santa Ana River. The KOP is approximately 500 feet from the project site, and also within a residential neighborhood. This view provides context of the existing residential neighborhood and is representative of views in the park or adjacent residential area. This KOP is deemed sensitive because it is from a public recreation area. KOP 9 KOP 9 is located near 2309 Strawberry Lane. The KOP is located in close proximity to the project site, just 40 feet from the eastern wall of the project site. KOP 9 is within a residential area located between the project site and the Santa Ana River. This view provides context of the existing residential neighborhood and is representative of the private residential views in the area. This KOP is deemed sensitive due to proximity, concern level, and pervasiveness of the view. IX61zEI KOP 14 is located at the northwest intersection of Huckleberry Road and North Fairview Street; specifically, 2501 Huckleberry Road and the 1900 block of North Fairview Street on the public sidewalk. The view direction is east approximately 100 feet from the western project boundary. This view faces directly across Fairview Street toward the project site. The primary public viewer groups The Academy Charter High School 3-6 June 2012 Initial Study /Mitigated Negative Declaration ILF 00914.11 31 B -75 X F i i 31 B -76 L 03 N O n kE� R d u is I { -tall t< IL Z a pp o p r C O FQIII 9 - §. §4 } $ E. 2 a X12/ u § o § k � 2 � $ � k � \ � : � \\ ° rV,;`' ,j w flow e r!k � ^- r V p rry •T 'emu. i a� pm. Y .. «. R ti f emu. �.d 1 ;{ " aC rr P ��i �.� � Rl� ry _w•�R .. 1, < a, - Ir. P FM on ai k � ► r e � ► V • 1 -Vwt- ow WK r • "� - ' �` r "'� xafi a ' � tti d i q �x mwm� ICF t 1 s F' ge UP TA OM , ., NOW- � f ti ' � �ra�„w "mss *, ,y„..aror� .�,. •�^" �- Rai 1�` {� Pp ' It MMIW& KOP 9 Baseline Visual Conditions KOP 9 Design Visualization Figure 3 -5 KOP 9 Baseline Visual Conditions and Design Visualization The Academy, City of Santa Ana KOP 14 Baseline Visual Conditions KOP 14 Design Visualization Figure 3-6 KOP 14 Baseline Visual Conditions and Design Visualization The Academy, City of Santa Ana :1001 1 ,CF mms: City of Santa Ana Environmental Checklist at this KOP are residents, motorists, and pedestrians. The KOP was deemed sensitive due to its proximity, concern level, and number of viewers. KOP 16 KOP 16 is located on western side of Fairview Street; it is a view from the sidewalk in the 1800 block. The view direction is north - northeast. The right -of -way of Fairview Street provides separation from the project site, but the view of the site is also panoramic. The primary viewer groups are motorists and pedestrians. The KOP was deemed sensitive due to its proximity, pervasiveness, and the number of viewers. The existing conditions and characterization of views and sensitive viewers, along with the KOPs described above, are used as the baseline for determining the potential impacts that could result from the proposed project when applying the thresholds below. Would the project: a. Have a substantial adverse effect on a scenic vista? Less- than - Significant Impact. The proposed project would not have an adverse effect on a scenic vista. Scenic vistas are views that are generally greater than 1 mile from a receptor and consist of horizon line views. As described above, the project site is in an urban developed area where scenic vistas are generally limited to street corridors and the Edna Park /Santa Ana River areas, which are adjacent to one another and located approximately 500 feet to the east of the project site. As described previously, shown in Figure 3 -4, and evaluated in the KOP 3 discussion below, the Edna Park /Santa Ana River recreational area has a limited view of the project site via the Huckleberry Road viewshed and above the 6 -foot wall that borders the project site. From the park only a small portion of the project site is visible. Furthermore, the scenic vista from this location is in the opposite direction towards the open space of the Santa Ana River. As a result, implementation of the project will not have a substantial adverse effect on views from the Edna Park /Santa Ana River area toward the project site. There are no other scenic vistas or view corridors in the vicinity that have views of the project site. Therefore, development of the proposed project would not have a substantial adverse effect on a scenic vista, and impacts are less than significant. b. Substantially damage scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings along a scenic highway? No Impact. There are no officially designated state scenic highways in the vicinity of the proposed project (Caltrans 2011). The only officially designated scenic highway within Orange County is a portion of SR -91. Eligible State Scenic Highways within the County include: SR -1, SR -74, portions of SR -91, and a portion of SR -57, none of which is in the vicinity of the project site. Likewise, there are no County- designated scenic highways that run through the City of Santa Ana. Additionally, as described in V.a below (Cultural Resources), there are no recorded historical resources located within 0.5 mile of the project site. Further, the proposed project site is relatively flat and surrounded by an urban environment. There are no other scenic resources, including trees and rock outcroppings, within or adjacent to the project area. Therefore, there are no potential impacts related to scenic resources within a state scenic highway, and no mitigation is required. The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 3 -7 ICF00914.11 ' 0 1 City of Santa Ana Environmental Checklist c. Substantially degrade the existing visual character or quality of the site and its surroundings? Less - than - Significant Impact. The proposed project would alter the existing visual character of the site. In terms of character, the area surrounding the site is best described as urban and developed. The project site was previously developed, but is currently vacant, underutilized, and visually incongruent to its developed urban surroundings, as described above in the onsite visual conditions discussion and shown in Figures 3 -1 and 3 -2. Because the site is somewhat degraded by the existing remnants of the previous development, the change in character after implementation of the project will improve the existing visual character or quality of the project site and the site would be more congruous with its surroundings. The proposed project will redevelop the project site with eight buildings on the 7.2 -acre project site, consisting of three residential buildings, three educational buildings, and two administrative support buildings. The buildings will be developed over two project phases (shown in Figure 2 -5). Phase 1 of the proposed project would include the construction and operation of six buildings — Buildings A, B, C, D, B, and G— totaling 110,517 square feet. Phase 11 would consist of the gymnasium (Building F) and one classroom building (Building H) totaling 35,619 square feet, and completing the total project buildout of 146,136 square feet. All of the proposed buildings would range from one to three stories and would be between 25 and 46 feet in height. The architectural style of the project would be contemporary /modern, incorporating concrete, corrugated siding, smooth siding, and glass. The exterior elevations of the buildings will utilize architectural details and both vertical and horizontal projections to enhance the aesthetics of the school campus and aesthetically reduce the scale and mass of the proposed structures. The architectural features divide the buildings' mass and scale with varying roof heights, canopies, sun shades, smooth fiber cement boards, corrugated siding, custom paint palettes, and windows and doors. The use of multiple material types will soften the overall appearance of the buildings and make them more consistent with the character of the surrounding area. The varying roof heights will aesthetically reduce the scale and mass of the buildings. Buildout of the project will cover 47% of the project site with education or residential buildings. In addition, the project includes 146 parking spaces that would be constructed during Phase 1. The parking facilities will be distributed around the perimeter of the site and are designed to be visually integrated and connected to appropriate portions of the site. Additionally, a large portion of the parking spaces will be shielded from views by the proposed buildings, landscaping, and the existing wall along three sides of the project site perimeter. implementation of the project would increase the overall density and intensity of the project site, which currently lies vacant with the exception of remnants of the former site uses consisting of debris, concrete, asphalt, and random ornamental landscaping. The proposed project would be visible from existing land uses surrounding the project site, as described in the visual simulations evaluation below. Evaluation of Visual Simulations The following discussion includes an analysis of the visual changes for each of the four key KOPs, as modified by the proposed project. Visual simulations of the proposed project features are overlaid on each of the existing KOP photos to demonstrate the potential visual changes that would be introduced by the proposed project. The Academy Charter High School Initial Study /Mitigated Negative Declaration 3-8 2012 June ne 20.2 City of Santa Ana KOP 3 Environmental Checklist Figure 3 -4 (KOP 3) demonstrates the baseline visual condition and the visual change that would occur from implementation of the project. The narrow view corridor from Edna Park to the project site is down Huckleberry Road. The surrounding one- and two -story residences create visual obstructions of the project site. In addition, the mature trees in the park and residential parcels provide screening that further constrains the view corridor, and thus views of the project site. As shown on Figure 3 -4, only a portion of Building H is visible from Edna Park. This view shows the project in scale with its surroundings and that the project exterior will blend into its surroundings when viewed from a distance. From this distance the project is only a small portion of the viewshed and the scenic vista from this location is in the opposite direction towards the open space of the Santa Ana River. As a result, implementation of the project will not have a substantial adverse effect on views from the Edna Park /Santa Ana River area toward the project site. KOP 9 Figure 3 -5 shows the existing baseline visual condition and a visual simulation that represents the view after development of the proposed project with the proposed landscaping at approximately 10- years of growth. KOP 9 is within a residential neighborhood adjacent to the east of the project site. The proposed buildings change this view by adding large, tall geometric forms to the previously vacant view. This is an urban environment where these types of structures are not an unusual architectural element. The building's exterior has a pleasant color and texture, and its mass is lessened by the windows and proposed landscaping. This view and similar views along the north -south trending streets in this neighborhood would be experienced primarily by local residents, motorists, pedestrians, and bicyclists in the neighborhood. The proposed landscape plan provides vegetative screening along the eastern perimeter of the project site. KOP 9 may be considered a worst -case scenario from this neighborhood because the view is adjacent to the new structure. There are approximately six existing residences that would have views similar to KOP 9. Vantage points farther away along the neighborhood streets would have lesser view of the project site because the residential structures and landscaping in between would create visual obstructions, which substantially reduce the project's visual effect. The proposed landscape plan includes tall vertical components to the planting palette along the project's eastern boundary. The proposed landscaping softens the project's mass and diminishes the project's vertical presence. These tree species included on the landscaping plan are common throughout the surrounding landscape, so their presence will be consistent within the existing vegetative fabric. As a result, the project's visual impact from the public views to the east of the project site will be less - than - significant level, KOP 14 Figure 3 -6 shows the baseline visual condition and a visual simulation representing the view after development of the proposed project. The project introduces large geometric elements with building fagades and vertical and horizontal articulation that add visual interest. The project aims to enhance the aesthetics of the site by using the most current design standards, building materials, detailing, and colors to complement the local surroundings. The project incorporates perimeter landscaping and sidewalks that consist of pavers instead of concrete. These features allow the project to be compatible with the visual setting of the area. Hence, although the project would alter the character of the project site by developing a school facility on the vacant and underutilized site, the The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 3 -9 ILF 00914.11 • Simlao-keJ City of Santa Ana Environmental Checklist landscaping and architectural details will lessen the impact of the size and scale of the proposed structures. Additionally, the project would provide an overall improvement over the site that is currently degraded with remnants of the previous site uses. As a result, the visual impacts from KOP 14 are less than significant. KOP 16 Figure 3 -7 shows an oblique view of the project from Fairview Street that represents what the greatest number of people would see after implementation of the proposed project. As shown in Figure 3 -7, views of the project site from the Fairview Street vantage point will show the western elevation of the school buildings that would vary in height, color, and setback from Fairview Street, which provides visual depth and interest. Although the proposed buildings are greater than the mass and scale of the nearby residential and commercial structures, the addition of architectural detail, varied colors, landscaping, and varied building heights and setbacks reduces the overall visual effect of the large buildings and enhances the overall compatibility with surrounding land uses. As shown, the project landscaping plan along Fairview Street screens parking areas, and the building colors and exterior treatments are harmonious and create a sense of place. The remnant landscaping in the baseline conditions is replaced with landscaping that accentuates the attributes of the project. As a result, the visual impacts from KOP 16 are less than significant. d. Create a new source of substantial light orglare that would adversely affect daytime or nighttime views in the area? Less - than - Significant Impact. As mentioned above, the project is located in an urbanized area that is developed with mixed uses. The project site is surrounded by a developed environment with fixed and mobile sources of exterior light and glare. Fixed sources of light and glare include exterior building- mounted and freestanding light fixtures, illuminated signage on existing land uses, and street lighting along Fairview Street and Blueberry Lane. Mobile sources of light and glare originate from vehicles. These existing light sources contribute to moderate levels of nighttime lighting. The project includes installation of nighttime lighting for security and signage purposes. This includes parking lot and sidewalk lighting within the residential component and lighting on, around, and within the residential units. All outdoor lighting will be low- level, downward - facing, hooded, and appropriately angled away from sensitive land uses. Further, the lighting will be the minimum necessary to safely light the project site and comply with the design standards outlined in the City's Municipal Code. As a result, the lighting used for the proposed project would not introduce a significant new source of light to the area and impacts related to lighting would be less than significant. Glare is a phenomenon which is primarily caused by sunlight striking and renecting off spectral surfaces. Glare is predictable and governed by the Law of Reflection. In an urban environment the primary spectral surfaces are glass or polished metal. The proposed project's buildings do not use polished metal as an exterior architectural treatment, which would have the potential to cause fugitive glare. The windows are not glazed or highly polished so their refractive index will be the same as ordinarywindow glass that is currently pervasive in surrounding area. The incremental increase in spectral surfaces that have the potential to cause glare proposed by the project is considered less than significant. The Academy Charter High School June 2022 Initial Study /Mitigated Negative Declaration 3 -10 Icf 0e 20.2 Lklilt • •, City of Santa Ana Environmental Checklist b. Conflict with existing zoning for agricultural Less -than- ❑ Significant Potentially Impact with Less -than- Significant Mitigation Significant No 11. Agriculture and Forest Resources Impact Incorporated Impact Impact In determining whether impacts on agricultural ❑ resources are significant environmental effects, ❑ lead agencies may refer to the California rezoning of, forest land (as defined in Public Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to timberland (as defined by Public Resources forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest Timberland Production (as defined by land, including the Forest and Range Assessment Project, the Forest Legacy Assessment project, and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: d. Result in the loss of forest land or conversion a. Convert Prime Farmland, Unique Farmland, or ❑ ❑ ❑ Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California e. Involve other changes in the existing Resources Agency, to non - agricultural use? El b. Conflict with existing zoning for agricultural ❑ ❑ ❑ use or conflict with a Williamson Act contract? c. Conflict with existing zoning for, or cause ❑ ❑ ❑ rezoning of, forest land (as defined in Public Resources Code section 12220(8)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d. Result in the loss of forest land or conversion E] ❑ El of forest land to non - forest use? e. Involve other changes in the existing E] El El environment which, due to their location or nature, could result in conversion of Farmland to non - agricultural use or conversion of forest land to non - forest use? The Academy Charter High School 3 -11 June 2012 Initial Study /Mitigated Negative Declaration ICF 00914.11 ' • City of Santa Ana Environmental Checklist Discussion Would the project: a. Con vertPrime Farmland, Unique Farmland, or Farmland ofStatewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. The proposed project is located in a fully developed urban environment. According to the California Department of Conservation Orange County Important Farmland 2008 map (California Department of Conservation 2008), the proposed project site is classified as "urban and built -up land," which does not contain any agricultural uses. As a result, the proposed project does not have the potential to convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non - agricultural uses. No impact would occur. h. Conflict with existing zoning for agricultural use or conflict with a Williamson Act contract? No Impact. The project site is currently designated for urban uses by the Santa Ana General Plan and Zoning Code, which designates the site for professional and office development. The project site is an infill redevelopment parcel within a fully developed area. No agricultural land uses and no property under Williamson Act contract exist in the vicinity of the proposed project. The proposed project would not conflict with existing zoning for agricultural use or a Williamson Act contract. No impact would occur. c. Conflict with existing zoning for, or cause rezoning of; forest land (as defined in Public Resources Code section 12220(g)), tirnherland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(8))? No Impact. The project site is currently designated for urban uses by the Santa Ana General Plan and Zoning Code, which designates the site for professional and office development. The project site is an infill redevelopment parcel within a fully developed area. No land zoned as forest land or timberland exists within the proposed project boundaries. The proposed project would not conflict with existing zoning for forest land or timberland. No impact would occur. d. Result in the loss of forest land or conversion of forest land to non forest use? No Impact. As discussed in ll.c, no land zoned as forest land or timberland exists within the proposed project boundaries. The proposed project would not result in the loss of forest land or conversion of forest land to other uses. No impact would occur. e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non - agricultural use or conversion of forest land to non- forest use? No Impact. No agricultural land uses, forest land, or timberland exist in the vicinity of the proposed project and the proposed project site has been developed for urban uses since 1964. The proposed school would not involve other changes in the existing environment that, due to their location or nature, could result in conversion of farmland to non- agricultural use or forest land to non - forest use. No impact would occur. i ne ACaaemy Charter High School 3 12 June 2012 Initial Study /Mitigated Negative Declaration [CF 00914.11 City of Santa Ana Environmental Checklist III. Air Quality Potentially Significant Impact Less -than- Significant lmpactwith Mitigation Incorporated Less -than- Significant Impact No Impact When available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a. Conflict with or obstruct implementation of El F-1 10 the applicable air quality plan? b. Violate any air quality standard or contribute E a El substantially to an existing or projected air quality violation? c. Result in a cumulatively considerable net O o 0 El increase of any criteria pollutant for which the project region is a nonattaimnent area for an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial Q 0 El pollutant concentrations? e. Create objectionable odors affecting a E ® E] substantial number of people? Discussion Regional Context The proposed project site is located within the South Coast Air Basin (Basin), an area covering approximately 6,745 square miles bounded by the Pacific Ocean to the west and south and the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east, The Basin includes all of Orange County and the non- desert portions of Los Angeles, Riverside, and San Bernardino Counties, in addition to the San Gorgonio Pass area in Riverside County. The terrain and geographical location determine the distinctive climate of the Basin, which is a coastal plain with connecting broad valleys and low hills. The Southern California region lies in the semi - permanent high- pressure zone of the eastern Pacific. As a result, the climate is mild, tempered by cool sea breezes. The usually mild climatological pattern is interrupted infrequently by periods of extremely hot weather, winter storms, or Santa Ana winds. The extent and severity of the air pollution problem in the Basin is a function of the area's natural physical characteristics (weather and topography) as well as human -made influences (development patterns and lifestyle). Factors such as wind, sunlight, temperature, humidity, rainfall, and topography all affect the accumulation and dispersion of pollutants throughout the Basin, making it an area of high pollution potential. The Academy Charter High School 3 13 June 2012 Initial Study /Mitigated Negative Declaration iCF00914.11 City of Santa Ana Environmental Checklist The greatest air pollution impacts in the Basin occur from June through September, and are generally attributed to the large amount of pollutant emissions, light winds, and shallow vertical atmospheric mixing. This condition frequently reduces pollutant dispersion, thus causing elevated air pollution levels. Pollutant concentrations in the Basin vary with location, season, and time of day. Ozone (03) concentrations, for example, tend to be lower along the coast, higher in the near inland valleys, and lower in the far inland areas of the Basin and adjacent desert. Air quality within the basin is regulated by the South Coast Air Quality Management District (SCAQMD or District), which has jurisdiction over an area of approximately 10,743 square miles, including all of Orange County, Los Angeles County except for the Antelope Valley, the non- desert portion of western San Bernardino County, and the western and Coachella Valley portions of Riverside County. The Basin is a sub - region of the SCAQMD jurisdiction. While air quality in this area has improved, the Basin requires continued diligence to meet air quality standards. The SCAQMD has recently completed the Multiple Air Toxics Exposure Study III (MATES 111), an ambient air- monitoring and evaluation study conducted in the Basin. MATES III was a follow up to previous air toxics studies in the Basin and is part of the SCAQMD Governing Board Environmental justice Initiative. Over the past 30 years, substantial progress has been made in reducing air pollution levels in Southern California. For example, compared to previous studies of air toxics in the Basin, MATES III found a decreasing risk for air toxics exposure, with the population weighted risk down by 17% from the analysis in MATES 11. However, although there has been improvement in air quality regarding air toxics, the risks are still unacceptable and are higher near sources of emissions such as ports and transportation corridors. Diesel particulate continues to dominate the risk from air toxics, and the portion of air toxic risk attributable to diesel exhaust is increasing compared to the MATES Il Study. The highest risks are found near the port, central Los Angeles, and transportation corridors. The results from the MATES Ill study underscore that a continued focus on reduction of toxic emissions, particularly from diesel engines, is needed to reduce air toxics exposure. The MATES III study concluded that the average carcinogenic risk throughout the Basin, attributed to toxic air contaminants (TACs), is approximately 1,194 in one million. Mobile sources (e.g., cars, trucks, trains, ships, aircraft, etc.) represent the greatest contributors. About 83.6% of all risk is attributed to diesel particulate matter (DPM) emissions. Data from the closest climate monitoring station— Western Regional Climate Center's (WRCC) Santa Ana Fire Station —was used to characterize project vicinity climate conditions. The average project area summer (August) high and low temperatures are 84.7 and 61.6 °F, respectively; the average winter (January) high and low temperatures are 68.0 and 43.0 °F, respectively. The average annual rainfall is 13.79 inches (WRCC 2012). The closest wind monitoring station is the Anaheim wind monitoring station, which was used to characterize study area wind conditions. Wind patterns in the project vicinity display a nearly unidirectional flow, primarily from the south - southwest and southwest, at an average speed of 8 mph. Calm wind conditions are present 14.73% of the time (SCAQMD 2012). Wind direction is reversed from the stated direction only 2 -3% of the time. The Academy Charter High School 3 14 June 2012 Initial Study/Mitigated Negative Declaration IcF 00914.11 •III City of Santa Ana Environmental Checklist Existing Pollutant Levels The SCAQMD has divided the Basin into air monitoring areas and maintains a network of air quality monitoring stations throughout the Basin. The project site is located in the Central Orange County Area (i.e., Source Receptor Area [SRA) Number 17). The nearest monitoring station is in the City of Santa Ana, located approximately 5 miles northwest of the project location. The Anaheim - Pampas monitoring station in the City of Anaheim monitors the following criteria pollutants: carbon monoxide (CO), 03, nitrogen dioxide (NO2), sulfur dioxide (S02), and particulate matter less than or equal to 10 or 2.5 micrometers in diameter (PM10 and PM2.5, respectively). The most recent data available covers 2008 to 2010. Monitoring data (Table 3 -1) show the following pollutant trends: state 1 -hour 03 standards were exceeded three times during the 3 -year reporting period. The national 8 -hour 03 standard was exceeded a total of six times during the 3 -year period. CO and NO2 concentrations are low and no exceedances were recorded during the 3 -year reporting period. Particulate (PM10 and PM2.5) concentrations are largely affected by meteorology and show some variability during the 3 -year reporting period. The state 24 -hour PM10 standard was exceeded three times in 2008 and once in 2009. The national PM23 standard was exceeded five times in both 2008 and 2009, and not once in 2010. Table 3 -1. Air Quality Data from Costa Mesa Station (ARB 30195) and Anaheim - Pampas Lane Station (ARB 30178) Pollutant Standards 2008 2009 2010 Ozone (03) State Standard (1- HourAverage = 0.09 ppm) National Standard (8- HourAverage = 0.07S ppm) Maximum Concentration 1 -Hour Period 0.105 0.093 0.104 (ppm) Maximum Concentration 8 -Hour Period 0.086 0.077 0.088 (ppm) Days State 1 -Hour Standard Exceeded 2 0 1 Days National 8 -Hour Standard Exceeded S 1 1 Carbon Monoxide (CO) State Standard (8-Hour Average = 9 ppm) National Standard (8-Hour Average = 9 ppm) Maximum Concentration 8 -Hour Period 3.44 2.73 1.98 Win) Days State /National 8 -Hour Standard 0 0 0 Exceeded Nitrogen Dioxide (NO2) State Standard (1 -Hour Average= 0.18 ppm) Maximum 1 -Hour Concentration 0.081 0.065 0.070 Days State Standard Exceeded 0 0 0 Suspended Particulates (PM10) State Standard (24- HourAverage = 50 pg /m3) National Standard (24-Hour Average =150 pg/ne) The Academy Charter High School Initial study /Mitigated Negative Declaration 3 -15 •11 June 2012 ICF 00914.11 City of Santa Ana Environmental Checklist Pollutant Standards 2008 2009 2010 Maximum State 24 -Hour Concentration 61.0 62.0 43.0 Maximum National 24 -How- Concentration 111.5 97.4 43.0 Days Exceeding State Standard 3 1 0 Days Exceeding National Standard 0 0 0 Suspended Particulates (PM2.5) National Standard (24-Hour Average = 35 pcg /m3) Maximum 24 -Hour Concentration 67.8 64.5 31.7 Days Exceeding National Standard 5 5 0 Notes: ppn1= parts per million µg /m3 = microgram per cubic meter Source: ARB 2012. Sensitive Receptors and Locations Some population groups, such as children, the elderly, and acutely and chronically ill persons, especially those with cardio- respiratory diseases, are considered more sensitive to air pollution than others. Sensitive receptors in the vicinity of the project include residential land uses located on three sides of the project site and the St. Edna Subacute and Rehabilitation Center adjacent to the north of the project site. Regulatory Setting Federal Federal Clean Air Act The Clean Air Act (CAA) was first enacted in 1963 and has been amended numerous times in subsequent years (1967, 1970, 1977, and 1990). The CAA establishes the National Ambient Air Quality Standards ( NAAQS) and specifies future dates for achieving compliance. The CAA also mandates that the state submit and implement a State Implementation Plan (SIP) for local areas not meeting those standards. The plans must include pollution control measures that demonstrate how the standards will be met. Because the City of Santa Ana is within the Basin, it is in an area designated as nonattainment for certain pollutants that are regulated under the CAA. The 1990 amendments to the CAA identify specific emission- reduction goals for areas not meeting the NAAQS. These amendments require both a demonstration of reasonable further progress toward attainment and incorporation of additional sanctions for failure to attain or meet interim milestones. The sections of the CAA that would most substantially affect the development of the proposed project include Title 1 (Nonattainment Provisions) and Title 11 (Mobile- Source Provisions). Title I provisions were established with tite goal of attaining the NAAQS for criteria pollutants. Table 3 -2 shows the NAAQS currently in effect for each criteria pollutant. The NAAQS were amended in July 1997 to include an 8 -hour standard for 03 and adopt a standard for PM2.5. The Basin (Orange County portion) fails to meet national standards for 03, PM10, and PM2.5 and therefore is The Academy Charter High School 3 -16 June 2012 Initial Study /Mitigated Negative Declaration [CF 00914.11 • V� City of Santa Ana Environmental Checklist considered a federal nonattainment area for these pollutants. Table 3 -3 lists each criteria pollutant and their related attainment status. Table 3 -2. Federal and State Ambient Air Quality Standards Pollutant Averaging Time CAAQSa NAAQSb Ozone (03) 1 hour 0.09 ppnnc — 8 hour 0.070 ppm 0.075 ppm Carbon Monoxide (CO) 1 hour 20 ppm 35 ppm 8 hour 9.0 ppm 9 ppm Nitrogen Dioxide (NO2) 1 hour 0.18 ppm 100 ppb Annual Arithmetic Mean 0.030 ppm 53 ppb Sulfur Dioxide (SO2) 1 hour 0.25 ppm 75 ppb 24 hour 0.04 ppm 0.14 ppm Respirable Particulate Matter 24 hour 50 leg /mac 150 µg /1113 (PM10) Annual Arithmetic Mean 20 11g /1113 — Fine Particulate Matter (PM2.5) 24 hour — 35 leg /1113 Annual Arithmetic Mean 12 µg /m3 15.0 leg /m3 Sulfates 24 hour 25 pg /1113 — Lead (Pb) 30 day average 1.5 pg /m3 — Calendar quarter — 1.5 pg /1113 Rolling 3 -Month Average — 0.15 "g/m3 Hydrogen Sulfide 1 hour 0.03 ppm --- Vinyl Chloride 24 hour 0.01 ppm — Notes: a The California Ambient Air Quality Standards (CAAQS) for 03, CO, S02 (1 -hour and 24- hour), NO2, PM10, and PM2.5 are values not to be exceeded. All other California standards shown are values not to be equaled or exceeded. b'rhe NAAQS, other than 03 and those based on annual averages, are not to be exceeded more than once a year. The 03 standard is attained when the expected number of days per calendar year with maximum hourly average concentrations above the standard is equal to or less than 1. c ppm = parts per million by volume; ppb = parts per billion; jig/1113 = micrograms per cubic meter. Source: ARB 2012. Table 3 -3. Federal and State Attainment Status for Orange County Portion South Coast Air Basin Pollutants Federal Classification State Classification 03 (1 -hour standard) — Nonattainment, Extreme O3 (8 -hour standard) Nonattainment, Extreme Nonattainment, Extreme PM10 Nonattainment, Serious Nonattainment PM2.5 Nonattainment Nonattainment CO Attainnent /Maintenance Attainment NO2 Nonattainnent Nonattainment S02 Attainment Attainment Source: ARB 2012. The Academy Charter High School Initial Study /Mitigated Negative Declaration 3-17 2 IrJ June une 2 2 01.12 •�ca City of Santa Ana State California Clean AirAct Environmental Checklist The California Clean Air Act (CCAA), signed into law in 1988, requires all areas of the state to achieve and maintain the California Ambient Air Quality Standards (CAAQS) by the earliest practical date. The CAAQS incorporate additional standards for most of the criteria pollutants and set standards for other pollutants recognized by the state. In general, the California standards are more health protective than the corresponding NAAQS. California has also set standards for sulfates, hydrogen sulfide, vinyl chloride, and visibility- reducing particles. The Basin is in compliance with these California standards for sulfates, hydrogen sulfide, visibility- reducing particles, and vinyl chloride. Table 3 -2 details the current NAAQS and CAAQS, and Table 3 -3 provides the Basin's (Orange County portion) attainment status with respect to federal and state standards. Local South Coast Air Quality Management Disti-ict SCAQMD has adopted a series of air quality management plans (AQMPs) to meet the CAAQS and NAAQS. These plans require, among other emissions- reducing activities, control technology for existing sources, control programs for area sources and indirect sources, a SCAQMD permitting system designed to allow no net increase in emissions from any new or modified (i.e., previously permitted) emission sources, and transportation control measures. The 2007 AQMP was adopted on June 1, 2007 (SCAQMD 2007), and is currently in the process of being updated. The 2012 AQMP Advisory Group was approved by the AQMD Governing Board in September 2011, and was directed to consider the following in updating the AQMP: latest scientific/ technological information and planning assumptions (including the 2012 Regional Transportation Plan /Sustainable Communities Strategy), updated emission inventory methodologies for various source categories, and a strategy to implement zero or near -zero emission measures to reach attainment of particulate matter and ozone standards. SCAQMD adopts rules and regulations to implement portions of the AQMP. Several of these rules may apply to construction or operation of the project. For example, SCAQMD Rule 403 requires implementing the best available fugitive dust control measures during active operations capable of generating fugitive dust emissions from onsite earth - moving activities, construction /demolition activities, and construction equipment travel on paved and unpaved roads. SCAQMD has published the CEQA Air Quality Handbook (November 1993) to help local governments analyze and mitigate project - specific air quality impacts. This handbook provides standards, methodologies, and procedures for conducting air quality analyses for CEQA documents, which, in combination with up -to -date and current emissions factors, is used within the SCAQMD jurisdiction. In addition, SCAQMD has published two additional guidance documents — localized Significance Threshold Methodology for CEQA Evaluations (June 2003) and Particulate Matter (PM) 2.5 Significance Thresholds and Calculation Methodology (October 2006) —that provide guidance for evaluating localized effects from mass emissions during construction. Both were used in the preparation of this analysis. Regional Comprehensive Plan and Guide The Southern California Association of Governments (SCAG) is the regional planning agency for Los Angeles, Orange, Ventura, Riverside, San Bernardino, and Imperial Counties. It addresses regional The Academy Charter High School June 2012 Initial Study/Mitigated Ne ative Declaration 3 -1$ g ICf 017924.31 1 •i_� City of Santa Ana Environmental Checklist issues relating to transportation, the economy, community development, and the environment. SCAG is the federally designated metropolitan planning organization (MPO) for the majority of the southern California region and is the largest MPO in the nation. With respect to air quality planning, SCAG has prepared the Regional Comprehensive Plan and Guide (RCPG) for the region, which includes Growth Management and Regional Mobility chapters that form the basis for the land use and transportation components of the AQMP. These chapters are utilized in the preparation of air quality forecasts and the consistency analysis that is included in the AQMP. Methodology Construction Mass daily combustion emissions, fugitive PM10 and PM2.5, and off - gassing emissions (e.g., evaporative emissions of volatile organic compounds [VOCs] from the application of architectural coatings and asphalt paving) were compiled using CalEEMod, which is an emissions estimation /evaluation model developed in collaboration with air quality management districts of California. The CalEEMod model separates the construction process into multiple phases that account for everything from structure demolition and site clearing to asphalt paving and the application of architectural coatings. Site preparation emissions (e.g., grading and excavation) would include fugitive dust emissions from soil disturbance activity, as well as combustion exhaust emissions from onsite construction equipment, haul truck trips, and worker commute trips. Structure erection and finishing emissions would include combustion exhaust emissions from onsite construction equipment, haul truck trips, and worker commute trips, as well as fugitive off - gassing emissions from the application of architectural coatings and asphalt paving. Assumptions regarding construction phasing and equipment use were developed based on information received from the project applicant. A complete listing of the construction equipment by phase, construction phase duration assumptions, and changes to modeling default values used in this analysis is included within the CaiEEMod printout sheets that are provided in Appendix A of this IS /MND. Operations The CalEEMod software was also used to compile the mass daily emissions estimates from mobile and area sources that would occur during long -term project operations. In calculating mobile- source emissions, the CalEEMod default trip assumptions were applied to arrive at the total vehicle miles traveled (VMT). Area- source emissions were compiled using CalEEMod default assumptions. The analysis of roadway CO impacts followed the protocol recommended by Caltrans and published in their Transportation Project -Level Carbon Monoxide Protocol (Garza 1997). It is also consistent with procedures identified through the SCAQMD's CO modeling protocol. For any intersection that shows potential to generate a CO hotspot by failing SCAQMD- recommended screening criteria, local area CO concentrations are evaluated using the CALiNE 4 line- source dispersion model developed by the California Department of Transportation (Caltrans) combined with EMFAC2012 emission factors. All emissions calculation worksheets and air quality modeling output files are provided in Appendix A. The Academy Charter High School 3 19 tune 2012 Initial Study /Mitigated Negative Declaration ICF 00914.11 City of Santa Ana Environmental Checklist Thresholds of Significance Appendix G, Section [I[ of the Environmental Checklist Form in the State CEQA Guidelines states that, where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make determinations regarding air quality impacts. Because of SCAQMD's regulatory role in the Basin, the significance thresholds and analysis methodologies outlined in their CEQA Air Quality Handbook, Localized Significance Threshold Methodology for CEQA Evaluations, and Particulate Matter (PM) 2.5 Significance Thresholds and Calculation Methodology guidance documents were used in evaluating project impacts. The SCAQMD construction and operational emissions thresholds identified in Table 3 -4 is used for this assessment. Table 3 -4. SCAQMD Emission Thresholds (pounds per day) Regional Emissions Thresholds Pollutant Construction Operation Localized Emissions Thresholds Construction Construction Operation (5 acre) (2 acre) Nitrogen Oxides 100 5S 183 115 183 (NOx) Reactive Organic 75 55 N/A N/A N/A Compounds (ROC) Suspended Particulate Matter 150 150 13 6 3 (PM10) Fine Particulate 55 55 7 4 2 Matter (PM2,5) Sul hit- Oxides (SOX) 150 150 N/A N/A N/A Carbon Monoxide 550 550 1,253 715 1,253 (CO) Lead (Pb)t 3 3 N/A N/A N/A Notes: 1 The proposed project would have no lead emissions sources during the construction or operations period. As such, lead emissions are not evaluated in this report Localized thresholds derived from SCAQMD Localized Significance'rhreshold Tables and are based on the project location (Source Receptor Area [SRA] 17, the Central Orange County), project area disturbed in any given day (5 -acres for Phase 1 and 2 -acres for Phase 11), and the distance to the nearest sensitive receptor (25 meters). Source: SCAQMD CEQA Air Quality Handbook, 1993 (As amended at http: / /wmv.agmd.gov /cega/ handbook /signthres.pdf); SCAQMD Localized Significance Threshold Methodology for CEQA Evaluations; and Particulate Matter (PM) 2.5 Significance Thresholds and Calculation Methodology. Would the project: a. Conflict with or obstruct Implementation of the applicable air quality plan? No Impact. SCAQMD is required, pursuant to the federal CAA, to reduce emissions of criteria pollutants for which the Basin is in nonattainment (i.e., 03, PM 10, and PM2.5). The project would be subject to SCAQMD's AQMP, which contains a comprehensive list of pollution control strategies directed at reducing emissions and achieving ambient air quality standards. These strategies are The Academy Charter High School 3 20 June 2012 Initial Study /Mitigated Negative Declaration ICF 00914.11 City of Santa Ana Environmental Checklist developed, in part, based on regional population, housing, and employment projections prepared by SCAG. The project site is located within the City of Santa Ana PO (Professional Office) land use designation and zoning designations, which provides for school uses along with approval of a CUP. Hence, the existing land use and zoning for the project site and vision for the land use and zoning is consistent with the proposed project, as further detailed in the Section X, "Land Use and Planning." The proposed project includes a residential component that would provide year -round housing for 80 Orange County foster students. These students are existing members of the community. Thus, the project would not result in unanticipated population growth, as discussed in Section XIII, "Population and Housing." Therefore, all project - related emissions are accounted for in the AQMP, which is crafted to bring the Basin into attainment for all criteria pollutants. Additionally, all construction activities will be in compliance with AQMP regulatory measures, including SCAQMD rules pertaining to fugitive dust (Rules 403, 404, and 405), visibility of emissions (Rule 401), nuisance activities (Rule 402), and limiting VOC content in both asphalt and architectural coatings (Rules 1108 and 1113). Finally, as discussed below under III,b, project operational emissions would fall below the SCAQMD thresholds of significance. Accordingly, the proposed project would be consistent with the projections in the AQMP. No impact would occur with respect to AQMP implementation and no mitigation measures are required. G. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less - than - Significant Impact with Mitigation Incorporated. As discussed above, the project site is located within the Basin, where state and federal air quality standards are occasionally exceeded. The proposed project would contribute to regional air pollutant emissions during construction (short -term) and project operations (long- term). Construction Impacts Construction of the proposed project has the potential to create air quality impacts through the use of heavy -duty construction equipment and through vehicle trips generated from construction workers traveling to and from the project site. In addition, fugitive dust emissions would result from site work related to the cut and fill of 500 and 5,000 total cubic yards of soil materials, respectively. Mobile source emissions, primarily NOx, would result from the use of construction equipment such as graders, scrapers, bulldozers, wheeled loaders, and cranes. During the structure erection /finishing phase, paving operations and the application of architectural coatings (i.e., paints) and other building materials would release ROC emissions. Construction emissions can vary substantially from day to day, depending on the level of activity, the specific type of operation, and, for dust, the prevailing weather conditions. The assessment of construction air quality impacts considers each of these potential sources. Construction of the proposed project is anticipated to take approximately 24 months to complete, divided into two phases. The total magnitude of construction activity, duration of construction activity, and intensity of construction activity would have a substantial effect upon the quantity of construction emissions (and related pollutant concentrations) occurring at any one time. As such, the emission forecasts provided herein reflect a specific set of conservative assumptions based on the expected construction scenario wherein a relatively large amount of construction activity is The Academy Charter High School 1 202 Initial Study /Mitigated Negative Declaration ICF 3-21 June ne 20 2 i ; •h City of Santa Ana Environmental Checklist occurring in a relatively intensive manner. As provided in Table 3 -5, construction- related daily (short -term) emissions for the worst -case scenarios during which emissions from construction components would overlap to exceed the SCAQMD regional significance thresholds for ROG and NOx emissions in Phase 1, and ROG emissions in Phase 11. Thus, Mitigation MeasuresAQ -1 through AQ -3 have been included to reduce short -term construction emissions to a less -than- significant level. Table 3 -5. Estimate of Regional Construction Emissions (pounds per day) Before Mitigation Measures Notes: Construction emission calculation worksheets are included in Appendix A. a PM10 emissions estimates take into account compliance with SCAQMD Rule 403 requirements for fugitive dust suppression, which require that no visible dust be present beyond the site boundaries, as well as the use of EPA Tier 2 equipment. b lmplementation of Excavation & Soils Import and Rough Grading & Bldg Pad Prep 2012; and Fine Grading, Bldg Construction, Asphalt Parking Lots & Architectural Finishing 2013 within Phase 1 have the potential to overlap, thus emissions are summed. Implementation of Fine Grading, Bldg Construction & Architectural Finishing 2019 within Phase II have the potential to overlap, thus emissions are summed. Source: ICF 2012. The Academy Charter High School June 2012 initial Study /Mitigated Negative Declaration 3 -22 ICF 90914.11 ' 00� ROG NOx CO SOx PM10a PM2.5 Phase I Excavation & Soils Import 2012 29 284 152 <1 29 14 Rough Grading & Bldg. Pad Prep 2012 6 51 24 <1 5 3 Fine Grading & Soil Prep 2013 4 31 16 <1 2 2 Site Trenching & Foundation Excavation 2012 4 35 17 <1 4 2 Building Construction 2012 7 39 37 <1 15 3 Building Construction 2013 6 36 36 <1 14 3 Concrete Transit Mix - For Footings /Slabs 2012 1 9 11 <1 8 <1 Asphalt Parking Lot Area 2013 4 28 13 <1 2 1 Architectural Finishing 2013 207 3 3 <1 1 <1 SCAQMD Regional Threshold (5 acres) 75 100 550 150 150 55 Excavation & Soils Import and Rough Grading & Bldg Pad Prep 2012b 35 335 176 <1 34 17 Fine Grading, Bldg Construction, Asphalt Parking Lots & Architectural Finishing 20136 221 99 68 <1 19 6 Exceed Threshold? Yes Yes No No No No Phase II Fine Grading & Soil Prep 2018 2 15 13 <1 2 1 Site Trenching & Foundation Excavation 2018 4 22 19 <I 3 1 Building Construction 2018 4 20 25 <1 11 1 Building Construction 2019 4 18 25 <1 10 1 Concrete Transit Mix - For Footings /Slabs 2019 1 4 4 <1 5 <1 Architectural Finishing 2019 83 2 2 <1 <1 <1 SCAQMD Localized Significance Threshold (2 acres) 75 100 550 150 150 55 Fine Grading, Bldg Construction & Architectural Finishing 2019r 89 36 40 <1 12 2 Exceed Threshold? Yes No No No No No Notes: Construction emission calculation worksheets are included in Appendix A. a PM10 emissions estimates take into account compliance with SCAQMD Rule 403 requirements for fugitive dust suppression, which require that no visible dust be present beyond the site boundaries, as well as the use of EPA Tier 2 equipment. b lmplementation of Excavation & Soils Import and Rough Grading & Bldg Pad Prep 2012; and Fine Grading, Bldg Construction, Asphalt Parking Lots & Architectural Finishing 2013 within Phase 1 have the potential to overlap, thus emissions are summed. Implementation of Fine Grading, Bldg Construction & Architectural Finishing 2019 within Phase II have the potential to overlap, thus emissions are summed. Source: ICF 2012. The Academy Charter High School June 2012 initial Study /Mitigated Negative Declaration 3 -22 ICF 90914.11 ' 00� City of Santa Ana Environmental Checklist As indicated in Table 3 -6, implementation of Mitigation Measures AQ -1, AQ -2, and AQ -3 would result in reductions of all criteria pollutant emissions, most notably of ROG by 89% and NOx emissions by 74% for the worst -case scenarios in Phase i, and a reduction of ROG by 89% in the worst -case scenario in Phase 11. Implementation of these mitigation measures would reduce emissions of ROG and NOx below the SCAQMD significance threshold. As such, air quality emission impacts related to construction would be less than significant after implementation of Mitigation Measures AQ -1 through AQ -3. Table 3 -6. Estimate of Regional Construction Emissions (pounds per day) After Implementation of Mitigation Regional Construction Emissions ROG NOx CO SOx PM10 PM2.5 Phase I Excavation & Soils import and Rough Grading & Bldg Pad Prep 2012 Fine Grading, Bldg Construction & Architectural Finishing 2013 Phase 1I Fine Grading, Bldg Construction & Architectural Finishing 2019 SCAQMD Regional Threshold (5 & 2 acres) Exceed 'threshold? Notes: 9 88 57 <1 19 4 24 83 66 <1 18 5 10 36 40 <1 12 2 75 100 550 150 150 55 No No No No No No Construction emission calculation worksheets are included in Appendix A. a PM10 emissions estimates take into account compliance with SCAQMD Rule 403 requirements for fugitive dust suppression, which require that no visible dust be present beyond the site boundaries, as well as the use of EPA Tier 2 equipment. b Implementation of Excavation & Soils Import and Rough Grading & Bldg Pad Prep 2012 and Fine Grading, Bldg Construction, Asphalt Parking Lots & Architectural Finishing 2013 within Phase 1 have the potential to overlap, thus emissions are summed. Implementation of Fine Grading, Bldg Construction & Architectural Finishing 2019 within Phase II have the potential to overlap, thus emissions are summed. Source: ICF 2012. Mitigation Measure AQ -1: During construction of Phase 1, the excavation and soils import and rough grading and soil prep components will be extended from 2 days to 4 days, and that the maximum number of truck trips for export of soil /excavation material be reduced to a maximum of 90 trips per day. These limitations shall be specified in the final grading permits and bid specifications to be approved by the City of Santa Ana Planning and Building Agency prior to issuance of a grading permit. Adherence to these requirements would thereby reduce the daily intensity and NOx emissions of Phase I associated with the excavation and soils import component. Mitigation Measure AQ -2: During all construction phases, construction- related equipment, including heavy -duty equipment, motor vehicles, and portable equipment, will be turned off when not in use for more than 5 minutes. These requirements shall be specified in the final grading permits and bid specifications to be approved by the City of Santa Ana Planning and Building Agency prior to issuance of a grading permit. I he Acaoemy Charter High School 3 23 June 2012 Initial Study /Mitigated Negative Declaration ICF 00914.11 City of Santa Ana Environmental Checklist Mitigation Measure AQ -3: During construction, architectural coating material shall be Super - Compliant Low VOC paint that meets "super - compliant" VOC standard of <10 g/L of the South Coast Air Quality Management District (Rule 1113). These requirements shall be specified in the final architectural plans to be approved by the City of Santa Ana Planning and Building Agency prior to issuance of building permits. Operational Impacts Regional air pollutant emissions associated with project operations would be generated by the consumption of electricity and natural gas and by the operation of on -road vehicles. Pollutant emissions associated with energy demand (i.e., electricity generation and natural gas consumption) are classified by SCAQMD as area source emissions. Mobile- and area - source emissions were calculated using the CalEEMod emissions inventory model, which multiplies an estimate of daily VMT by applicable EMFAC2007 emissions factors.' The CaIEEMod model output and worksheets for calculating regional operational daily emissions are provided in Appendix A. As shown in Table 3 -7, regional emissions resulting from the operation of Phase I on its own, along with the fully completed project (Phase I and Phase 11 together) would not exceed regional SCAQMD thresholds for CO, NOx, PM10, ROC, SOx, or PM2.5. Thus, operation of the proposed project would not exceed regional SCAQMD thresholds, and regional operations emissions would result in a less - than - significant long -term regional air quality impact. No mitigation measures are necessary. Table 3 -7. Estimate of Regional Operational Emissions (pounds per day) Regional Operational Emissions ROG NOx CO sox PM10 PM2.5 Phase On -site Area Source a 4 <1 4 <1 <1 <1 Off -site Electricity Sources <1 <1 <1 <1 <1 <1 On Road Mobile Sources 5 10 56 <1 12 1 Total Phase 1 10 11 60 <1 12 1 SCAQMD Daily Significance Threshold 55 55 550 150 150 55 Exceed SignificantThreshold? No No No No No No Phase I and 1I On -site Area Source a 5 <1 4 <1 0 0 Off -site Electricity sources <1 1 <1 <1 <1 <1 On Road Mobile Sources 8 14 77 <1 16 1 Total Project (Phase I and 11) 13 is 81 <1 16 1 SCAQMD Daily Significance Threshold 55 55 550 150 150 55 Exceed Significant Threshold? No No No No No No Notes: a Area sources include landscape equipment emissions and miscellaneous sources (e.g., detergents and cleaning compounds). Source: ICF 2012. ' Daily VMT estimate derived by applying CalEEMod default trip length estimates (per land use) to the proposed project default trip generation estimates (per land use). The Academy Charter High School 3 24 June 2012 Initial Study /Mitigated Negative Declaration ICF 00414.11 III City of Santa Ana Environmental Checklist c, Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is a nonattainment area for an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? s)? Less- than - Significant Impact The SCAQMD's approach for assessing cumulative impacts is based on the AQMP forecasts of attainment of ambient air quality standards in accordance with the requirements of the federal and state Clean Air Acts. As discussed earlier in III.a., the proposed project would be consistent with the AQMP, which is intended to bring the Basin into attainment for all criteria pollutants.2 In addition, the mass regional emissions calculated for the proposed project presented earlier in Table 3 -6 (regional construction emissions) and Table 3 -7 (regional operations emissions) are less than the applicable SCAQMD daily significance thresholds, which factor in cumulative effects and are designed to assist the region in attaining the applicable state and national ambient air quality standards. As such, cumulative impacts would be less than significant, and no mitigation measures would be necessary. d. Expose sensitive receptors to substantial pollutant concentrations? Less - than - Significant Impact. The proposed project would contribute to localized air pollutant emissions during construction (short -term) and project operations (long- term). A discussion of the project's localized potential construction- and operations- period air quality impacts is provided below. Local Construction Impacts SCAQMD has developed a set of mass emissions rate look -up tables that can be used to evaluate localized impacts that may result from construction - period emissions. if the onsite emissions from proposed construction activities are below the Localized Significance Threshold (LST) emission levels found in the LST mass rate look -up tables for the project site's SRA, then project emissions would not have the potential to cause a significant localized air quality impact. As discussed previously, mass daily emissions during construction were compiled using the CaIEEMod emissions inventory model. However, only onsite construction emissions were considered for purposes of comparison with the LST mass rate look -up tables (consistent with SCAQMD LST Guidelines, offsite delivery /haul truck activity and employee trips were not considered in the evaluation of localized impacts). A conservative estimate of the project's construction- period onsite mass emissions is presented in Table 3 -8. As provided in Table 3 -8, construction - related daily (short -term) emissions for the worst -case scenarios during which emissions from construction components that overlap would exceed the SCAQMD regional significance thresholds for PM2.5 in Phase I. However, implementation of Mitigation Measures AQ -1, AQ -2, and AQ -3 will reduce short -term construction emissions to a less- than - significant level. As 2 CEQA Guidelines Section 15064(h)(3) states "A lead agency may determine that a project's incremental contribution to a cumulative effect is not cumulatively considerable if the project will comply with the requirements in a previously approved plan or mitigation program which provides specific requirements that will avoid or substantially lessen the cumulative problem (e.g., water quality control plan, air quality plan, integrated waste management plan) within the geographic area in which the project is located. Such plans or programs must he specified in law or adopted by the public agency with jurisdiction over the affected resources through a public review process to implement, interpret, or make specific the law enforced or administered by the public agency." The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 3 -25 ICF00914.11 31 B -101 City of Santa Ana Environmental Checklist shown on Table 3 -9, with implementation of mitigation maximum emissions would not exceed SCAQMD localized significance criteria. Table 3 -8. Estimate of Localized Construction Emissions (pounds per day) Localized Construction Emissions ROG NOx CO SOx PM10a PM2.5 Phase I Excavation & Soils Import 2012 12 108 44 <1 7 5 Rough Grading & Bldg. Pad Prep 2012 6 51 22 <1 4 3 Fine Grading & Soil Prep 2013 4 30 14 <1 2 2 Site Trenching & Foundation Excavation 2012 4 34 16 <1 2 2 Building Construction 2012 6 37 24 <1 3 3 Building Construction 2013 5 35 23 <1 2 2 Concrete Transit Mix - For Footings /Slabs 2012 <1 4 1 <1 <1 <1 Asphalt Parking Lot Area 2013 4 28 13 <1 1 1 Architectural Finishing 2013 207 3 2 <1 <1 <1 SCAQMD Localized Significance Threshold (5 acres) - 183 1253 - 13 7 Excavation & Soils Import and Rough Grading & Bldg Pad Prep 2012b 17 159 67 <1 11 9 Fine Grading, Bldg Construction, Asphalt Parking Lots & Architectural Finishing 2013b 214 61 29 <1 3 3 Exceed Threshold? No No No No No Yes Phase 11 Fine Grading & Soil Prep 2018 2 14 12 <1 1 1 Site Trenching & Foundation Excavation 2018 3 22 17 <1 1 1 Building Construction 2018 3 19 18 <1 1 1 Building Construction 2019 3 18 18 <1 1 1 Concrete Transit Mix - For Footings /Slabs 2019 <1 2 1 <1 <1 <1 Architectural Finishing 2019 83 2 2 <1 <1 <1 SCAQMD Localized Significance Threshold (2 acres) - 115 715 - 6 4 Fine Grading, Bldg Construction & Architectural Finishing 2019 88 33 31 <1 2 2 Exceed Threshold? No No No No No No Notes: Construction emission calculation worksheets are included in Appendix A. a PM 10 emissions estimates take into account compliance with SCAQMD Rule 403 requirements for fugitive dust suppression, which require that no visible dust be present beyond the site boundaries, as well as the use of EPA Tier 2 equipment. b Implementation of Excavation & Soils Import and Rough Grading & Bldg Pad Prep 2012; and Fine Grading, Bldg Construction, Asphalt Parking Lots & Architectural Finishing 2013 within Phase I have the potential to overlap, thus emissions are summed. c Implementation of Fine Grading, Bldg Construction & Architectural Finishing 2019 within Phase II The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 3-26 [CF00914.11 FIVA City of Santa Ana Environmental Checklist have the potential to overlap, thus emissions are summed. a Localized thresholds derived froth SCAQMD Localized Significance Threshold Tables and are based on the project location (Source Receptor Area [SRA] 17, the Central Orange County), project area disturbed in any given day (5 acres for Phase I and 2 acres for Phase 11), and the distance to the nearest sensitive receptor (25 meters). Source: SCAQMD Localized Significance Threshold Methodologyfor CEQA Evaluations, and Particulate Mottet•(PM) 2.5Significance Thresholds and Calculation Methodology. Source: ICF 2012. As indicated in Table 3 -9, implementation of Mitigation Measures AQ -1, AQ -2, and AQ -3 will result in reductions of all criteria pollutant emissions, most notably of PM10 by 33% for the worst -case scenario in Phase 1. Implementation of these mitigation measures would reduce emissions of PM10 below the SCAQMD significance threshold. As such, air duality emission impacts related to construction would be less than significant after implementation of mitigation. Table 3 -9. Estimate of Localized Construction Emissions (pounds per day) After Implementation of Mitigation Localized Construction Emissions ROG NOx CO SOx PM10a PM2.5 Phase I Excavation & Soils import and Rough Grading & Bldg Pad Prep 2012 11 100 43 <1 8 6 SCAQMD Localized Significance Threshold (5 acres) - 183 1253 - 13 7 Exceed Threshold? No No No No No No Notes: Construction emission calculation worksheets are included in Appendix A. a PM10 emissions estimates take into account compliance with SCAQMD Rule 403 requirements for fugitive dust suppression, which require that no visible dust be present beyond the site boundaries, as well as the use of EPA Tier 2 equipment. b Implementation of Excavation & Soils Import and Rough Grading & Bldg Pad Prep 2012 and Fine Grading, Bldg Construction, Asphalt Parking Lots & Architectural Finishing 2013 within Phase I have the potential to overlap, thus emissions are summed. Source: ICF 2012. Local Operational Impacts Within an urban setting, vehicle exhaust is the primary source of CO. Consequently, the highest CO concentrations are generally found close to congested intersections. Under typical meteorological conditions, CO concentrations tend to decrease as the distance from the emissions source (i.e., congested intersection) increases. For purposes of providing a conservative, worst -case impact analysis, CO concentrations are typically analyzed at congested intersection locations, because if impacts are less than significant close to congested intersections, impacts will also he less than significant at more distant sensitive receptor locations. Project traffic during the operational phase of the project would have the potential to create local area CO impacts. SCAQMD recommends a quantitative hot -spot evaluation of potential localized CO impacts when volume -to- capacity ratios are increased by 2% at intersections with a level of service (LOS) of C or worse. Given these criteria, no intersections met the aforementioned requirements for The Academy Charter High School 3 27 tune 2012 Initial Study/Mitigated Negative Declaration ICF 00914.11 li :S11191, City of Santa Ana Environmental Checklist selection based on information provided in the TIA prepared by Fehr & Peers (Appendix C). Because no intersections met the criteria necessary for a quantitative analysis, the project activity would not have a significant impact upon 1- or 8 -hour local CO concentrations from mobile source emissions. Thus, operation of the project would not result in significant impacts related to 1- or 8 -hour local CO concentrations from mobile source emissions. Because significant impacts would not occur at any intersections located adjacent to sensitive receptors, no significant impacts are anticipated to occur at any other locations in the study area because the conditions yielding CO hotspots would not be worse than those occurring at the analyzed intersections. Consequently, the sensitive receptors that are included in this analysis would not be significantly affected by CO emissions generated by the net increase in traffic that would occur under the project. Because the project does not cause an exceedance, or exacerbate an existing exceedance of an ambient air quality standard, the project's localized operational air quality impacts would be less than significant. No mitigation measures are necessary. With respect to the project's onsite mass emissions, Table 3 -10 shows that onsite operations- period emissions would be below SCAQMD's localized significance thresholds. Impacts from emissions of these criteria pollutants would be less than significant. No mitigation measures are necessary. Toxic Air Contaminants SCAQMD recommends that health risk assessments be conducted for substantial sources of diesel particulate emissions (e.g., truck stops and warehouse distribution facilities) and has provided guidance for analyzing mobile source diesel emissions. In addition, typical sources of acutely and chronically hazardous TACs include industrial manufacturing processes, automotive repair facilities, and dry cleaning facilities. Since the proposed project would not contain such uses, the proposed project does not warrant a health risk assessment. Potential project - generated air toxic impacts on surrounding land uses would be less than significant. No mitigation measures are necessary. Table 3 -10. Estimate of Operation- Period Localized (Onsite) Emissions NOx CO PM10 PM21S Onsite Area Source Emissions Phase la <1 4 <1 <1 Onsite Area Source Emissions Phase 1 & Ila <1 4 <1 <1 SCAQMD Daily Significance Threshold (lbs /day)b 183 1253 5 2 Exceed Significance Threshold? No No No No Notes: I Onsite emissions calculated using the CalEEMod emissions model (area - source emissions). Model output sheets are provided in Appendix A. b'rhe project site is located in SCAQMD SRA 17. These LSTs are based on the site location SRA, distance to the nearest sensitive- receptor location from the project site (25 meters), and the project area (5 acres). Source:1CF 2012. e. Create objectia ►able odor s affectilug a substantial number of people? Less - than - Significant Impact. According to the SCAQMD CEQA Air Quality Handbook, land uses associated with odor complaints typically include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass The Academy Charter High School 3 28 June 2012 Initial Study /Mitigated Negative Declaration ICF 00914.11 MWally City of Santa Ana Environmental Checklist molding. The proposed project does not include any uses identified by the SCAQMD as being associated with odors and therefore would not produce objectionable odors. Odors resulting from the construction of the proposed project are not likely to affect a substantial number of people due to the fact that construction activities do not usually emit offensive odors. Potential odor emitters during construction activities include asphalt paving and the use of architectural coatings and solvents. SCAQMD Rules 1108 and 1113 limit the amount of VOCs from cutback asphalt and architectural coatings and solvents, respectively. Given mandatory compliance with SCAQMD rules, no construction activities or materials are proposed that would create a significant level of objectionable odors. As such, potential impacts during short -term construction would be less than significant. No mitigation measures are required. .. �..7 ...a •a .su a�nwi 012 Initial Study /Mitigated Negative Declaration 3-29 June 2 ICf Oe 2 12 31 B -105 City of Santa Ana Environmental Checklist b. Have a substantial adverse effect on any ❑ ❑ ❑ riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Set-vice? c. Have a substantial adverse effect on federally ❑ ❑ ® ❑ protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marshes, vernal pools, coastal wetlands, etc.) through direct removal, filling, hydrological interruption, or other means? d. Interfere substantially with the movement of ❑ ® ❑ ❑ any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances ❑ ❑ ❑ protecting biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted ❑ ❑ ❑ habitat conservation plan, natural community conservation plan, or other approved local, regional, or state habitat conservation plan? Discussion Would the project; a. Have a substantial adverse effect, 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 Service? Less - than - Significant Impact with Mitigation Incorporated. The project site is located within a fully developed urban area. The site is adjacent to an arterial roadway on the west, a convalescent hospital to the north, and residential development to the east and south. In addition, the project site The Academy Charter High School 3 -30 June 2012 Initial Study /Mitigated Negative Declaration ICF 00914.11 II: Less -than- Significant Potentially Impact with Less -than- Significant Mitigation Significant No IV. Biological Resources Impact Incorporated Impact hnpact Would the project: a. Have a substantial adverse effect, 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 Service? b. Have a substantial adverse effect on any ❑ ❑ ❑ riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Set-vice? c. Have a substantial adverse effect on federally ❑ ❑ ® ❑ protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marshes, vernal pools, coastal wetlands, etc.) through direct removal, filling, hydrological interruption, or other means? d. Interfere substantially with the movement of ❑ ® ❑ ❑ any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances ❑ ❑ ❑ protecting biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted ❑ ❑ ❑ habitat conservation plan, natural community conservation plan, or other approved local, regional, or state habitat conservation plan? Discussion Would the project; a. Have a substantial adverse effect, 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 Service? Less - than - Significant Impact with Mitigation Incorporated. The project site is located within a fully developed urban area. The site is adjacent to an arterial roadway on the west, a convalescent hospital to the north, and residential development to the east and south. In addition, the project site The Academy Charter High School 3 -30 June 2012 Initial Study /Mitigated Negative Declaration ICF 00914.11 II: City of Santa Ana Environmental Checklist has been developed and used as a hospital site since 1964, until the medical buildings were demolished in 2011. The project site currently comprises large areas of asphalt, cement, building pads, a large pile of rubble, and sand bags. Limited areas of vegetation exist in non -paved areas, which consist of ruderal (weedy) vegetation, nonnative grasses, and ornamental trees and shrubs. A variety of ornamental trees are located around the former hospital building footprints and along the edges of the project site. The project site does not provide native vegetation or wildlife habitat that has the potential to accommodate sensitive biological resources, including candidate, sensitive, or special - status species. Therefore, the project would not result in impacts to sensitive habitats or other direct effects that could result in a substantial adverse effect to any candidate, sensitive or listed special - status species. However, the ornamental trees within the project site provide potentially suitable nesting habitat for various bird species. Potential impacts on nesting birds may occur if removal of the existing ornamental trees occurs during the breeding season (February 15 through September 15). Therefore, Mitigation Measure BIO -1 requires preconstruction nesting bird surveys to be conducted and appropriate buffer areas established around any active nests if removal of the existing trees or construction activities related to the existing trees occur between February 15 and September 15. Implementation of Mitigation Measure BIO -1 would reduce potential impacts to nesting birds to a less - than - significant level. Mitigation Measure BIO -1; Prior to issuance of grading and building permits, the applicant will retain a qualified biologist to conduct preconstruction nesting bird surveys prior to removal, trimming, or any other tree - disturbing activities that will occur within breeding /nesting season (February 15 through September 15). Prior to commencement of tree related activities during this timeframe, a qualified biologist will perform a preconstruction survey to determine whether nests are present in or around the proposed project area. If a nest is found, an appropriate buffer will be established by the qualified biologist. No construction or other activities will be allowed to occur within the buffer until the young have fledged or the nest becomes inactive. The results of the preconstruction nesting bird survey will be provided to the City of Santa Ana Planning Manager, prior to issuance of grading permits. b. Have a substantial adverse effect on any riparian habitat or othersensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact. The project site is undeveloped, but disturbed with rubble, asphalt, cement, building foundations, and some ornamental landscaping. No riparian habitat or other sensitive natural community exists on the proposed project site. The project would have no effect upon any riparian habitat or other sensitive natural communities and no mitigation measures are required. c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean WaterAct (including, but not limited to, marshes, vernal pools, coastal wetlands, etc.) through direct removal, filling, hydrological interruption, or other means? Less- than - Significant Impact. The proposed project site does not contain any wetlands or vernal pools, as defined by Section 404 of the Clean Water Act. However, the Santa Ana River is classified as Waters of the US and Waters of the State and is located within 500 feet east of the project site. No components of the proposed project would involve construction activities within or adjacent to the river channel and construction activities would not result in the discharge of fill materials that could impact the jurisdictional area. Also, the proposed project would be required to obtain a General 1 r — aucmy %.miter mgn acnow June 2012 Initial Study /Mitigated Negative Declaration 3 -31 ICF June 2012 31 B -107 City of Santa Ana Environmental Checklist Construction Permit, which requires the development and implementation of a Storm Water Pollution Prevention Plan ( SWPPP). The SWPPP identifies pollutants that may affect the quality of storm water discharges and includes a list of BMPs to provide sediment and erosion control, waste handling measures, and non - stormwater management. As such, any storm flow discharges that deposit into the Santa Ana River would not result in a substantial adverse effect on federally protected wetlands and impacts would be less than significant. d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursetysites? Less - than - Significant Impact with Mitigation Incorporated. The project site is located within a fully developed environment and is surrounded by roadways and medical and residential development. Further, the project site is bound on three sides by a block wall that averages 6 -feet in height. There are no running waters, drainages, or other corridors that allow for wildlife movement on or within the vicinity of the project site. As such, the proposed project site is not within an established wildlife corridor, and the proposed project would not interfere with the movement of any native wildlife species. Additionally, the project would not involve the construction of extensive facilities or fences that could impede wildlife movement. The proposed project would not interfere with the movement of any native resident or migratory wildlife species or with established native resident or migratory wildlife corridors, and would not impede the use of native wildlife nursery sites. However, as described above, the project site contains numerous ornamental trees, which may support nesting birds. The Migratory Bird Treaty Act (MBTA) protects all common wild birds found in the United States except the house sparrow, starling, feral pigeon, and resident game birds such as pheasant, grouse, quail, and wild turkey. The MBTA makes it unlawful for anyone to kill, capture, collect, possess, buy, sell, trade, ship, import, or export any migratory bird including feathers, parts, nests, or eggs. Further, the CDFG Code 3503 makes it illegal to destroy any birds' nest or any birds' eggs that are protected under the MBTA. Potential impacts on nesting birds may occur if removal of the existing ornamental tees occurs during the breeding season (February 15 through September 15). Therefore, Mitigation Measure B10 -1 requires preconstruction nesting bird surveys to be conducted and appropriate buffer areas established around any active nests, if tree removal is to occur between February 15 and September 15. Implementation of Mitigation Measure B10 -1 would reduce potential impacts to nesting birds to a less -than- significant level. e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact. The City of Santa Ana does not have any local policies or ordinances protecting biological resources at the project site. As a result, the proposed project would not conflict with any local policies or ordinances protecting biological resources, and impacts would not occur. f. Conflict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or other approved local, regional, or state habitat conservation plan? No Impact. There are no Habitat Conservation Plans (HCPs), Natural Community Conservation Plans (NCCPs), or other approved local, regional, or state habitat conservation plans that apply to the project site. Therefore, there are no impacts related to this issue, and no mitigation is required The Academy Charter High School 3 32 June 2012 Initial Study /Mitigated Negative Declaration ICF 00914.11 City of Santa Ana Environmental Checklist Less -than- Significant Potentially Impact with Less -than- Significant Mitigation Significant No V. Cultural Resources Impact Incorporated Impact Impact Would the project: a. Cause a substantial adverse change in the ❑ ❑ ❑ significance of a historical resource as defined in Section 15064.5? b. Cause a substantial adverse change in the ❑ ❑ ® ❑ significance of an archaeological resource pursuant to Section 15064.5? c. Directly or indirectly destroy a unique ❑ ❑ ® ❑ paleontological resource or site or unique geologic feature? d. Disturb any human remains, including those ❑ ❑ ® ❑ interred outside of formal cemeteries? Discussion Would the project: a. Cause a substantial adverse change in the significance ofa historical resource as defrned in Section 15064,5? No Impact. The proposed project would not impact any known historical resources. The project site is currently unoccupied land that was once the location of a hospital and medical offices. These structures were demolished in 2011. ICF conducted a cultural resources records search on January 11, 2012 at the South Central Coastal Information Center, which revealed results from two previous studies that included the project site. Petra Resources, Lie. surveyed North Fairview Street, located along the western edge of the project site, in 1997. This study identified 18 historic buildings within a 0.5 -mile radius of the project site. None of these structures was located within or near the project area (Jertberg and Rosenthal 1997). Michael Brandman Associates resurveyed North Fairview Street in 2002. Results of this study also did not identify any historic or other cultural resources within or near the project site (Dice 2002). Additionally, a review of the Archaeological Determinations of Eligibility, the Directory of Properties in the Historic Property Data Files, the California Register of Historical Resources, the California Historical Landmarks, the California Points of Historical Interest, the California Inventory of Historical Resources, and the National Register of Historic Places reveal that previous cultural resources studies have not identified any resources listed in, or potentially eligible for, the National Register of Historic Properties or the California Register of Historical Resources within the Project area. Previous studies have not identified any California Historical Landmarks or California Points of Historical Interest within the Project area. As such, the proposed project would not result in impacts to historic resources. TheACaoemy Charter High School 3 33 June 2012 Initial Study /Mitigated Negative Declaration 1CF90914.11 City of Santa Ana Environmental Checklist b. Caitse a stibstatitial advel se chatige iii the significance of all archaeological resow ce piiisuant to Section 15064.5? Less - than - Significant Impact. As described above, the project site was previously used for a hospital and medical office. These structures have been demolished and the site is currently vacant. A portion of the project area was previously surveyed for cultural resources by Petra Resources, Inc, in 1997 and Brandman Associates in 2002. The surveys did not identify any cultural resources on or near the project site, but did not encompass the entire project parcel. A cultural resources records search at the South Central Coastal information Center did not identify any archaeological resources within the project area or within a 0.5- mile- radius of the project area. An archaeological survey was not conducted for this project because the project parcel is covered in asphalt, concrete, and ornamental landscaping from previous development. The project area is located approximately 500 feet west of the now- channelized Santa Ana River. This suggests the project area may have a moderate sensitivity for prehistoric archaeological resources. However, the Geotechnical Exploration Report (Appendix B) that was prepared for the proposed project identified 3 to 5 feet of fill material dining a sub - surface investigation on site. Because the site contains this fill material, it is unlikely that any archaeological resources exist within 3 to 5 feet of the ground surface. Further, as described in Chapter 2, "Project Description; the proposed project would require minimal grading and a maximum excavation depth of 5 feet below the existing grade. Therefore, because archaeological resources have not been previously identified within the project vicinity during previous surveys and construction and grading activities would largely occur within the fill material, there is a low likelihood that archaeological resources would be encountered during construction. As a result, project impacts related to the adverse change in the significance of an archaeological resource are less than significant. c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less - than - Significant Impact. As described above, the project area has previously been surveyed and does not contain any documented cultural resources. In a letter to ICF International, the Natural History Museum of Los Angeles County (Museum) states a thorough search of the Museum's paleontology collection records revealed no reports of vertebrate fossil localities within the project boundaries. Likewise, development surrounding the project site has not resulted in any documented paleontological resources. The Museum's analysis indicates that the project soils consist of 3 -5 feet of fill that is underlain by young terrestrial Quaternary Alluvium, derived primarily as flood deposits from the Santa Ana River that flows approximately 500 feet east of the project area, and that older terrestrial Quaternary sediments occur at various depths beneath this young surficial alluvium. These young terrestrial Quaternary Alluvium deposits typically do not contain significant vertebrate fossils. Furthermore, the Museum estimates that the upper 6 feet of sediment in the Project area is unlikely to contain significant fossil remains (McLeod pees. comm.). However, there are fossil localities near the project area from the same older terrestrial Quaternary sediments units that occur as subsurface deposits in the proposed project area. One vertebrate fossil locality from these deposits was reported on the western side of the Santa Ana River (LACM 1652) north - northeast of the proposed project area along Rio Vista Avenue south of Lincoln Avenue, which produced a fossil specimen of sheep at shallow, but unstated, depth. The closest vertebrate fossil locality in older Quaternary sediments is (LACM 4943) north - northeast of the proposed project area The Academy Charter High School 3 34 June 2012 initial Study /Mitigated Negative Declaration iCF 06914.11 'J City of Santa Ana Environmental Checklist along Fletcher Avenue east of Glassell Street. LACM 4943 is somewhat higher in elevation than the proposed project site, but produced a horse fossil at a depth of 8 -10 feet below ground surface (McLeod pers. comm.). Given the geology of the project area it is unlikely that unknown paleontological resources exist because the young surface sediments onsite do not typically contain paleontological resources. Further, any superficial paleontological resources that could have existed at one time have likely been previously unearthed by past development activities, as evidenced by the 3 to 5 feet of fill material on the project site. As discussed in Chapter 2, "Project Description," the proposed project would require minimal grading and a maximum excavation of approximately 5 feet below the existing grade. Therefore, there is a low likelihood that paleontological resources would be encountered during construction. Because the project vicinity has no history of documented resources, contains sediments generally not containing paleontological resources, and has been previously disturbed, the project is not anticipated to result in significant impacts related to paleontological resources. As a result, project impacts related to the direct or indirect destruction of a unique paleontological resource or geologic feature are less than significant. d. Disturb any human re►nains, inchrding those interred outside of formal cemeteries? Less - than - Significant Impact. The project site is not a formal cemetery and is not adjacent to a formal cemetery. The project vicinity is fully developed, and there is no record of human remains being identified during development of the area. Further, portions of the project site and vicinity have been surveyed for archaeological resources and are not known to contain human remains interred outside formal cemeteries. Nor is the site known to be located on a burial ground. Therefore, it is highly unlikely the proposed project would disturb any human remains during construction. Should human remains be uncovered during construction, as specified by State Health and Safety Code Section 7050.5, no further disturbance will occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code 5097.98. If such a discovery occurs, excavation or construction will halt in the area of the discovery, the area will be protected, and consultation and treatment will occur as prescribed by law. if the coroner recognizes the remains to be Native American, he or she will contact the Native American Heritage Commission, who will appoint the Most Likely Descendent. Additionally, if the bones are determined to be Native American, a plan will be developed regarding the treatment of human remains and associated burial objects, and the plan will be implemented under the direction of the Most Likely Descendent. Therefore, impacts would be less than significant. The Academy Charter high School 1 202 initial Study /Mitigated Negative Declaration 3 -35 [CF June ne 2012 31 B -111 City of Santa Ana Environmental Checklist The Academy Charter High School 3 -36 Initial Study /Mitigated Negative Declaration 31 B -112 June 2012 Kr 0091411 Less-than- Significant Potentially Impact with Less -than- Significant Mitigation Significant No VI. Geology and Soils Impact Incorporated Impact Impact Would the project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 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. Strong seismic ground shaking? ❑ ® ❑ ❑ Seismic- related ground failure, including ❑ ® ❑ ❑ liquefaction? 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 an onsite or offsite 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 soils incapable of adequately supporting ❑ ❑ ❑ the use of septic tanks or alternative wastewater disposal systems in areas where sewers are not available for the disposal of wastewater? The Academy Charter High School 3 -36 Initial Study /Mitigated Negative Declaration 31 B -112 June 2012 Kr 0091411 City of Santa Ana Discussion Would the project: Environmental Checklist a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injilay, or death involving. a1. Rupture ofa 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 ofa known farrlt?RefertoDivision of Mines and Geology Special Publication 42, Less - than - Significant Impact The Alquist - Priolo Act requires the California State Geologist to identify areas in the state that are at risk from surface fault rupture. These areas are known as Earthquake Fault Zones. As described in the Geotechnical Exploration Report prepared for the proposed project (Appendix B), the project site is not located within a mapped Alquist- Priolo Earthquake Fault Zone, and there are no known surface traces of any active, potentially active, or inactive faults crossing through or extending toward the project site. The nearest fault zone is the Newport Inglewood, which is associated with potentially active faults in the vicinity of Newport Beach and the Los Angeles Basin and is located approximately 8.6 miles to the southwest of the proposed project site (Appendix B). As a result, the potential for a surface rupture to occur at the project site is low. Therefore, potential impacts related to rapture of a known earthquake fault are less than significant. a2. Strong seismic ground shaking? Less - than - Significant Impact with Mitigation Incorporated. As discussed in Vl.al, the proposed project is not located within or adjacent to a fault zone. However, because the proposed project is located within a seismically active region, in fairly close proximity to several major active faults, the project site is likely to experience strong ground shaking during the lifespan of the proposed project. The Newport - Inglewood Fault Zone (8.6 miles distant) is of most concern to the project site. In addition, the San Andreas (43 miles distant) and Raymond Faults (30 miles distant) are also proximate and could affect Santa Ana (City of Santa Ana 1982). Earthquake intensities experienced at the project site would vary depending upon the earthquake's magnitudes, distance between the project site and the fault, and the types of materials underlying the project site. According to the Land Use Element of the City's General plan, the greatest potential for earthquake damage is expected to come frorn a large earthquake along the Newport - Inglewood fault. A magnitude 7 earthquake along this fault would be expected to cause significant damage regionally. In preparation of the Geotechnical Exploration Report, a site- specific evaluation of the peak ground accelerations associated with the event having a 2% probability of being exceeded in 50 years and the maximum magnitude event on the fault system. Based on the site - specific ground motion evaluation, the results of the analyses suggest that the site specific design Peak Horizontal Ground Acceleration (PHGA) is approximately 0.38g based on the site - specific Maximum Considered Earthquake (MCE) PHGA of 0.57g. The ground motions were determined using the site - specific criteria per the 2010 CBC. In addition to this information, the Geotechnical Exploration Report provides recommendations that have been developed based on the engineering properties of the onsite soils and their anticipated behavior during and after construction. The Academy Charter High School 12 3 37 tune 20 Initial Study /Mitigated Negative Declaration ICF 0092011 31 B -113 City of Santa Ana Environmental Checklist All new construction in the State of California must comply with the seismic design parameters contained in the 2010 California Building Code (CBC) seismic requirements. Compliance with the CBC standards in the design and construction of the proposed project would reduce impacts related to ground shaking. Additionally, as required in Mitigation Measure GEO -1, the proposed project would comply with all geotechnical recommendations provided in the Geotechnical Exploration Report (Appendix B) to minimize seismic damage and reduce seismic ground shaking impacts. Therefore, potential impacts related to strong seismic ground shaking are less than significant with implementation of Mitigation Measure GEO -1. Mitigation Measure GEO -1: Prior to the issuance of grading or building permits, the City of Santa Ana Planning and Building Agency will ensure that all design criteria and specifications set forth in the Geotechnical Exploration Report will be implemented as a condition of project approval and shown on the appropriate engineering plans and documents. At a minimum the recommendations will include the following: Providing a design capable of withstanding seismic hazards related to strong ground motions. • Earthwork procedures to address soils and subsurface conditions, including liquefaction. • Recommendations for foundations, soils preparations, and slabs design to resist the effects of lateral pressures. a3. Seismic - related ground failure, including liquefaction? Less - than - Significant Impact with Mitigation Incorporated. Soil liquefaction is a phenomenon in which saturated, cohesionless soils layers, located within approximately 50 feet of the ground surface, lose strength due to cyclic pore water pressure generation from seismic shaking or other large cyclic loading. During the loss of stress, the soil acquires "mobility" sufficient to permit both horizontal and vertical movements. Soils that are most susceptible to liquefaction are clean, loose, saturated, and uniformly graded fine- grained sands that lie below the groundwater table within approximately 50 feet below ground surface. The Geotechnical Exploration Report identified liquefaction as a potential geological condition of the project site (Appendix B). Also, according to both Exhibit 5 of the Seismic Safety Element of the City's General Plan and the California Department of Conservation Division of Mines and Geology (CDMG) Seismic Hazards Zone Map for the Anaheim Quadrangle (California Department of Conservation, Division of Mines and Geology 1998), the project site is located within a liquefaction area where historic occurrence of liquefaction or local geological, geotechnical, and groundwater conditions indicate a potential for permanent ground displacements. Historical high groundwater elevations below the project site are as shallow as 15 feet bgs. For preparation of the Geotechnical Exploration Report, nine borings were taken at the project site to measure for depths to groundwater. Groundwater was encountered in all borings at depths below 32 feet bgs. The depth to groundwater ranges between 32.0 and 41.6 feet. Soils at the project site consist of undocumented artificial fill which blankets most the site at depths ranging from 3 -5 feet bgs and Quaternary age fluvial soils which consist predominately of sands of the Santa Ana River drainage. The pre - dominant near - surface material is brown to light yellow brown, thinly bedded to massive, loose to medium dense, dry to moist, fine to coarse sand with varying proportions of silt with sub - rounded to well - rounded gravel. Locally soft to stiff, thinly bedded to laminated, brown to olive brown, moist to wet sandy clayey silts to fat lean clays were also encountered on the project site (Appendix B). The Academy Charter high School 3-38 June 2012 Initial Study /Mitigated Negative Declaration ICF 00914.11 31 B -114 City of Santa Ana Environmental Checklist Although the project site has been mapped by the CDMG as an area of liquefaction hazard, the project - specific Geotechnical Exploration Report classifies the project site as having a low risk of liquefaction based on the liquefaction potential index. The liquefaction potential index combines depth, thickness, and factor of safety of liquefiable material inferred from a cone penetrometer test sounding into a single parameter. The liquefaction potential index for the project site ranges from 1 to 2.5. Liquefaction potential index values lower than five are deemed low risk The potential for liquefaction at the project site is generally confined within thin layers at depths ranging from about 20 to 50 feet bgs (Appendix B). Between one and two inches of liquefaction- induced settlement is expected to take place in relatively thin layers at depths generally greater than 20 feet bgs. Seismically induced settlement at the project site is expected to be between 1 to 2 inches. Seismically induced differential settlement is expected to be half an inch over a horizontal distance of 100 feet. As described above, the proposed project would comply with all CBC requirements and standards related to liquefaction. Additionally, as required in Mitigation Measure GEO -1, the proposed project would comply with all geotechnical recommendations provided in the Geotechnical Exploration Report (Appendix B) to minimize potential impacts related to liquefaction. Therefore, potential impacts related to seismic - related ground failure, including liquefaction are less than significant with implementation of Mitigation Measure GEO -1. a4. Landslides? Less - than - Significant Impact. Landslides and other slope failures are secondary seismic effects that are common during or soon after earthquakes. Areas that are most susceptible to earthquake - induced landslides are steep slopes underlain by loose, weak soils, and areas on or adjacent to existing landslide deposits. As discussed in Vl.a1, the proposed project site is located in a seismically active region subject to strong ground shaking. However, according to the CDMG Seismic Hazards Zone Map for the Anaheim Quadrangle, the project site is not located within or adjacent to an earthquake- induced landslide area. The project site is located in a generally flat developed urban area that does not contain large slopes, and development of the project would not generate large slopes on the project site. As a result, implementation of the proposed project would not expose people or structures to substantial adverse effects involving landslides. Impacts are considered less than significant. b. Result in substantial soil erosion or the loss of topsoil? Less - than - Significant Impact Construction of the proposed project would include ground surface disruption that could result in soil erosion. During Phase 1, rough grading and site trenching and building foundation excavation would take place on approximately 312,945 square feet, and fine grading and soil preparation would take place on approximately 220,588 square feet. During Phase 11, site trenching and building foundation excavation would take place on approximately 83,050 square feet and fine grading and soil preparation would take place on approximately 30,450 square feet. Construction activities would expose areas of soil to wind and water erosion, and during a storm event, exposed soils could be transported off the site as runoff. Because the project would disturb over 1 acre of land, the proposed project is subject to the SWRCB General Construction Permit. Compliance with the General Construction Permit requires the development and implementation of a Storm Water Pollution Prevention Plan ( SWPPP). The SWPPP requires identification of sources of sediment and a list of BMPs to provide sediment and erosion The Academy Charter High School 3 39 tune 2012 Initial Study /Mitigated Negative Declaration ItF 0091412 31 B -115 City of Santa Ana Environmental Checklist control. The SWPPP is required to meet or exceed measures required by the Construction General Permit. In addition, the proposed project is required to prepare a NPDES post - construction stormwater management plan in accordance with the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LiP). The stormwater management plan must include all applicable post - construction BMPs for this project. In addition to the implementation and maintenance of BMPs, erosion would also be controlled by the landscaping proposed for the project site. All of the site specific regulations and BMPs will be provided in a Water Quality Management Plan (WQMP) to be implemented for post - construction operations of the project. Compliance with existing state, regional, and local regulations, NPDES permit requirements, and project- specific BMPs identified in the SWPPP, coupled with installation of landscaping and ongoing maintenance and monitoring of construction and subsequent post - construction phase BMPs, would ensure that project impacts with respect to topsoil loss and erosion would be less than significant. 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 an on -site or off -site landslide, lateral spreading, subsidence, liquefaction, or collapse? Less - than - Significant Innpact with Mitigation Incorporated. As described in response VLO, the project site is located within an area identified as susceptible to liquefaction; however, the surface manifestation of liquefaction is deemed unlikely. Exhibit 4 of the Seismic Safety Element of the City's General Plan indicates that the project site is located within an area subject to subsidence. Subsidence usually occurs as a result of excessive groundwater pumping or oil extraction. The proposed project would not require groundwater pumping, nor would oil extraction occur as a result of the proposed project. For lateral spreading or flow failure to occur, a continuous, laterally unconstrained liquefiable zone must be free to move along gently sloping ground toward an unconfined area. The project site is relatively flat. Although the Santa Ana River channel and levee are located approximately 200 feet south and east of the project site, the river channel near the site is concrete - lined, and the depth is generally shallower than the soil layers at the project site deemed susceptible to liquefaction, and thus would have no effect related to lateral spreading on or adjacent to the project site. Accordingly, the potential for lateral spreading is deemed low (Appendix B). The proposed project would comply with all CBC requirements. Additionally, as required in Mitigation Measure GEO -1, the proposed project would comply with all geotechnicai recommendations provided in the Geotechnical Exploration Report {Appendix B) to minimize potential impacts related to soils and geology. Therefore, potential impacts related to unstable soils are less than significant with implementation of Mitigation Measure GEO -1. 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? Less - than - Significant Impact. Expansive soils are fine- grained soils (generally High plasticity clays) that can undergo a significant increase in volume with an increase in water content and a significant decrease in volume with a decrease in water content. Changes in the water content of an expansive soil can result in severe distress to structures constructed upon the soil. The near surface soils at the project site are generally granular with localized sandy silt to clay layers. Based on the geotechnicai exploration report prepared for the proposed project, the near surface soils have low expansion The Academy Charter High School 3 40 June 2012 Initial Study /Mitigated Negative Declaration ICE 00414.11 City of Santa Ana Environmental Checklist potential (Appendix B). As a result, the proposed project would not be located on expansive soils that could create substantial risks to life or property. Impacts are considered to be less than significant. e. Have soils incapable of adequately supporting the use of septic tanks or• alternative wastewater disposal systems in areas where sewers are not available for• the disposal of wastewater-? No Impact. The project site is located within an urban setting where sewer service is available. The proposed project would connect to and be serviced by the City's existing sewer system. Accordingly, the proposed project would not require septic tanks or alternative wastewater disposal systems. Therefore, no impacts related to septic tanks or alternative wastewater disposal systems would occur. The Academy Charter High School 12 Initial Study /Mitigated Negative Declaration 1 3-41 June 20CF009201 31 B -117 City of Santa Ana Environmental Checklist Less-than- Significant Potentially Impact with Less -than- Significant Mitigation Significant No VII. Greenhouse Gas Emissions Impact Incorporated Impact Impact Would the project: a. Generate greenhouse gas emissions, either directly or ❑ ® ❑ ❑ indirectly, that may have a significant impact on the environment? b. Conflict with an applicable plan, policy or regulation ❑ ❑ ® ❑ adopted for the purpose of reducing the emissions of greenhouse gases? Discussion Environmental Setting State Greenhouse Gas Emissions Worldwide, California is the 121h to 16th largest emitter of carbon dioxide (CO2) and is responsible for approximately 2% of the world's CO2 emissions (CEC 2006). Transportation is responsible for 38% of the state's GHG emissions, followed by the industrial sector (23 %), electricity generation (18 %), and agriculture (7 %) (CARB 2011). Emissions of CO2 and nitrous oxide (N20) are byproducts of fossil fuel combustion, among other sources. Methane (CH4), a highly potent GHG, results from off - gassing associated with agricultural practices and landfills, among other sources. Sinks of CO2 include uptake by vegetation and dissolution into the ocean. California GHG emissions in 2009 totaled approximately 456.8 million metric tons (MMT) in carbon dioxide equivalents (COze). Greenhouse gas emissions other than COz are commonly converted into carbon dioxide equivalents, which takes into account the differing global warming potential (GWP) of different gases. For example, the Intergovernmental Panel on Climate Change (fPCC) finds that N20 has a GWP of 310 and methane has a GWP of 21(IPCC 2007). Thus, emissions of 1 ton of N20 and 1 ton of CH4 are represented as the emissions of 310 tons and 21 tons of COze, respectively. This method allows for the summation of different greenhouse gas emissions into a single total. Climate change could impact the natural environment in California in the following ways (among others): • Rising sea levels along the California coastline, particularly in San Francisco and the San Joaquin Delta due to ocean expansion. • Extreme -heat conditions, such as heat waves and very high temperatures, which could last longer and become more frequent. • An increase in heat - related human deaths, infectious diseases, and a higher risk of respiratory problems caused by deteriorating air quality. The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 3 42 iCP 00914.11 Ik :9 1 Fee� City of Santa Ana Environmental Checklist • Reduced snow pack and stream flow in the Sierra Nevada mountains, affecting winter recreation and water supplies. • Potential increase in the severity of winter storms, affecting peak stream flows and flooding. • Changes in growing season conditions that could affect California agriculture, causing variations in crop quality and yield. • Changes in distribution of plant and wildlife species due to changes in temperature, competition from colonizing species, changes in hydrologic cycles, changes in sea levels, and other climate - related effects. These changes in California's climate and ecosystems are occurring at a time when California's population is expected to increase from 34 million to 59 million by the year 2040 (CEC 2006). As such, the number of people potentially affected by climate change, as well as the amount of anthropogenic GHG emissions expected under a "business as usual" (BAU) scenario, are expected to increase. Changes similar to those noted above for California would also occur in other parts of the world with regional variations in resources affected and vulnerability to adverse effects. GHG emissions in California are attributable to human activities associated with industrial/ manufacturing, utilities, transportation, residential, and agricultural sectors (CEC 2006) as well as natural processes. Regulatory Setting Federal Climate Change Policy Twelve U.S. states and cities (including California), in conjunction with several environmental organizations, sued to force the EPA to regulate GHGs as a pollutant pursuant to the federal CAA (Massachusetts vs. Environmental Protection Agency et al. [U.S. Supreme Court No. 05 -1120; argued November 29,2006; decided April 2, 2007]). The court ruled that the plaintiffs had standing to sue, that GHGs fit within the CAA's definition of a pollutant, and that the EPA's reasons for not regulating GHGs were insufficiently grounded in the CAA. Despite the Supreme Court ruling, there are no promulgated federal regulations to date limiting GHG emissions. On December 7, 2009, the EPA Administrator signed two distinct findings regarding greenhouse gases under section 202(a) of the Clean Air Act: • Endangerment Finding: The Administrator finds that the current and projected concentrations of the six key well -mixed GHGs —0O2, CHa, N20, HFCs, PFCs, and SF6 —in the atmosphere threaten the public health and welfare of current and future generations. • Cause or Contribute Finding: The Administrator finds that the combined emissions of these well -mixed GHGs frorn new motor vehicles and new motor vehicle engines contribute to the greenhouse gas pollution which threatens public health and welfare. Although these findings did not themselves impose any requirements on industry or other entities, this action was a prerequisite to finalizing the U.S. EPA's Proposed Greenhouse Gas Emission Standardsfor Light-Duty Vehicles, which was published on September 15, 20093, On May 7, 2010, the final Light -Duty Vehicle Greenhouse Gas Emissions Standards and Corporate Average Fuel Economy Standards was published in the Federal Register. 3 http:// www. epa. gov/ cliniatecliange /endangerment.htnil The Academy Charter High School 12 20 3 43 June Initial Study /Mitigated Negative Declaration IcF June 20]r l J City of Santa Ana California Climate Change Policy Environmental Checklist On June 1, 2005, Governor Arnold Schwarzenegger signed Executive Order S -3 -05, the goal of which is to reduce California's GHG emissions to (1) 2000 levels by 2010, (2) 1990 levels by 2020, and (3) 80% below 1990 levels by 2050. In 2006, this goal was further reinforced with the passage of AB 32, the Global Warming Solutions Act of 2006. AB 32 sets the same overall GHG emissions reduction goals while further mandating that ARB create a plan, which includes market mechanisms, and implement rules to achieve "real, quantifiable, cost - effective reductions of greenhouse gases." In response to the state's efforts to reduce GHG emissions, the Secretary of the California Environmental Protection Agency (Cal /EPA) created the Climate Action Team (CAT), which, in March 2006, published the first Climate Action Team Report to Governor Schwarzenegger and the Legislature (the "2006 CAT Report "). The 2006 CAT Report identifies a recommended list of strategies that the state could pursue to reduce climate change GHG emissions. These are strategies that could be implemented by various state agencies to ensure that the Governor's targets are met and can be met with existing authority of the state agencies. Executive Order S -20 -06 further directs state agencies to begin implementing AB 32, including the recommendations made by the state's Climate Action Team. In consultation with ARB and the California Public Utilities Commission (CPUC), the California Energy Commission (CEC) established a GHG emission performance standard for local, public - owned electric utilities (pursuant to SB 1368). This standard limits the rate of GHG emissions to a level that is no higher than the rate of emissions of GHGs for combined -cycle natural gas base load generation. In October 2007, Governor Schwarzenegger signed SB 97, which required the Governor's Office of Planning and Research (OPR) to prepare CEQA guidelines for the mitigation of GHG emissions. OPR prepared the proposed revisions to the CEQA Guidelines, which were adopted by the Natural Resources Agency on December 31, 2009, and became effective on March 18, 2010. The latest text from Appendix G of the CEQA Guidelines is included above in the Environmental Checklist of this IS /MND. OPR and the Natural Resources Agency are required to periodically review the guidelines to incorporate new information or criteria adopted by the ARB pursuant to AB 32. South Coast Air Quality Management district To provide guidance to local lead agencies on determining significance for GHG emissions in their CEQA documents, the SCAQMD staff is convening an ongoing GHG CEQA Significance Threshold Working Group. Members of the working group include government agencies implementing CEQA and representatives from various stakeholder groups that provide input to the SCAQMD staff on developing GHG CEQA significance thresholds. On December 5, 2008, the SCAQMD Governing Board adopted the staff proposal for an interim GHG significance threshold of 10,000 metric tons per year for industrial permitting projects where the SCAQMD is lead agency. The board letter, resolution, interim GHG significance threshold, draft guidance document, and attachments can be found under the Board Agenda Item 31 on the December 5, 2008, Governing Board meeting agenda. No other quantitative thresholds have been developed by SCAQMD that would apply to the proposed project. The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 3 -44 1CF00914.11 C City of Santa Ana Methodology Environmental Checklist Section 15064.4 of the State CEQA Guidelines establishes a two -step process for the determination of significance of greenhouse gas emissions. First, it requires lead agencies to calculate or estimate the overall magnitude of a project's greenhouse gas emissions. Second, once the magnitude of emissions has been estimated, it must analyze those emissions using applicable factors (i.e., does the project increase or decrease emissions; does project emissions exceed an applicable threshold; does the project comply with applicable regulations or an applicable plan). Project - related GHG emissions were estimated using the CalEEMod software program, which calculates CO2, CH¢ and N2O emissions, and presents said emissions in terms of CO2e. Following the methodology prescribed by the SCAQMD CEQA Significance Threshold Working Group, project emissions calculated include direct and indirect emissions during short -term construction and long -term project operations. Construction emissions were amortized over the life of the project, defined as 30 years, and added to the operational emissions to obtain total annual GHG emissions. In order to accurately reflect the respective emissions profile from the different operational footprints (Phase I for the first 5 years of operation, and then the completed project), the operational emissions for Phase I and the completed project were weighted accordingly. Thresholds of Significance CEQA Guidelines do not provide numeric or qualitative thresholds of significance for GHG. However, AB 32 requires that greenhouse gases emitted in California be reduced to 1990 levels by the year 2020 and 80 %t below 1990 levels by 2050. The 2020 reduction target equates to a decrease of approximately 28.5% below the business -as -usual GHG emissions. Business -as -usual is defined as the emissions that would be expected to occur in the absence of any GHG reduction measures. The OPR Technical Advisory on CEQA and Climate Change suggests that in absence of regulatory guidance or standards, lead agencies such as the City of Santa Ana must undertake a project -by- project analysis that is consistent with available guidance and current CEQA practice to ascertain project impacts under CEQA. As such, for determining whether the project will generate GHG emissions, either directly or indirectly, that may have a significant effect on the environment, the overall AB 32 target reduction goal of 28.5% below business -as -usual at the year 2020 threshold will be used. Impacts and Mitigation Measures a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less - than - Signifi cant Impact with Mitigation Incorporated. Construction of the proposed project would generate GHG emissions through the use of onsite heavy -duty construction equipment and offsite vehicle trips generated from construction workers, as well as haul /delivery trucks that travel to and from the project site. Mobile source emissions would result from the use of construction equipment such as graders, scrapers, bulldozers, wheeled loaders, cranes, etc. Construction of the proposed project would take approximately 24 months to complete, over two phases (Phase 1 -13 months, and Phase 11 -12 months). Operation of the proposed project is expected to result in emissions of GHG emissions related to vehicular trips (i.e., mobile - source emissions) and energy I ne Acaaemy Charter High School 3 45 June 2012 Initial5tudy /Mitigated Negative Declaration ICF00914.11 31 B -121 City of Santa Ana Environmental Checklist consumption related to building illumination, heating and cooling, as well as water conveyance and treatment. Table 3 -11 presents an estimate of project - related GHG emissions of COz, CH4, and N20, expressed in terms of CO2e. Table 3 -11. Estimate of Project - Related Greenhouse Gas Emissions Annual CO2e Emissions (metric tons) With Project -level Mitigation and AB 32 Types of Project Emissions Project Emissions Scoping Measures Construction Emissions (30 year amortization) 102 102 Operations Emissions - Mobile 1,481 1,040 Operations Emissions - Area Sources 1 1 Operations Emissions - Energy Sources 347 215 Operations Emissions - Waste Sources 65 52 Operations Emissions - Water Consumption 61 53 Sources Project Emissions Annual Total 2,058 1,463 Percent Reduction below BAU 29% Notes: In order to accurately reflect the respective emissions profile from the different operational footprints (Phase I for the first 5 years of operation, and then the completed project), the operational emissions for Phase 11 and the completed project were weighted accordingly. Source: ICF 2012. CaiEEMod outputs and GHG calculation sheets are provided in Appendix A. As shown in Table 3 -11, the proposed project's annual GHG emissions under BAU conditions are estimated to be 2,092 metric tons CO2e. These estimates reflect emissions from all construction and operation activity. To put this number into perspective, statewide CO2e emissions for year 2009 were estimated to be 456.8 million metric tons (GARB 2011). The City currently does not have plans or programs explicitly mandating GHG emission reductions. The proposed project would contribute, to some degree, to increased GHG emissions, which have been determined to be a significant contribution to the effects of climate change. Therefore, project - specific Mitigation Measures GHG -1 through GHG -4 has been included to reduce potential impacts to a less - than - significant level. GHG emissions would be further reduced with implementation of AB 32 scoping measures such as Pavley emissions standards, low- carbon fuel standard, and renewables portfolio standard, among other standards. As shown in Table 3 -11, implementation of Mitigation Measures GHG-1 through GHG -3, along with state implementation of AB 32 Scoping Measures, would reduce the incremental GHG emissions associated with the proposed project by 29 %. As this level of reduction would exceed the AB 32 target reduction goal of 28.5%, impacts after mitigation would be less than significant. Mitigation Measures GHG -1: Prior to the issuance of building permits, the project applicant will prepare a recycling /solid waste reduction plan that includes equal provisions for both recycle and solid waste disposal The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 3 -46 ICF 00914.11 31 B -122 City of Santa Ana Environmental Checklist facilities and provides recycle and solid waste services that are consistent with Municipal Code Chapter 16. This plan is subject to review and approval by the City of Santa Ana Public Works Agency. The City will ensure that the proposed project includes a recycling /solid waste reduction program that achieves a minimum reduction of 50% by volume. GHG -2: Prior to the issuance of building permits, the City of Santa Ana Planning and Building Agency will ensure that the proposed project incorporates energy conservation measures in Title 24's 2008 Building Energy Efficiency Standards into the design of the proposed project that exceed mandatory requirements, and may include, but will not be limited to, the following: • Building form and orientation will maximize use of natural lighting. • Indoor /outdoor lighting will apply energy efficient technologies. • Insulation and window glazing will minimize heat transfers to regulate internal temperatures. • Building envelope and internal layout will be designed for efficient insulation, heating, and cooling of space. • Hot water systems will incorporate the latest technologies. • Installation of efficient heating, ventilation, and air conditioning (HVAC) units will minimize energy demands. GHG -3: Prior to the issuance of building permits, the City of Santa Ana Planning and Building Agency will ensure that the proposed project incorporates water conservation measures that may include, but will not be limited to, the following: Use water - efficient landscaping, including drought - tolerant, native, and appropriate climate zone species. Incorporate efficient irrigation systems, including drip, micromisters, and smart irrigation controls. • Reduce potable water demands by installing water - conserving fixtures (low -flow faucets, toilets, urinals, etc.). b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less - than - Significant Impact. As described previously, AB 32 identified a 2020 target level for GHG emissions in California of 427 MMT of CO2e, which is approximately 28.5% less than the year 2020 BAU emissions estimate of 596 MMT CO2e. To achieve these GHG reductions there will have to be widespread reductions of GHG emissions across California, Some of those reductions will need to come in the form of changes in vehicle emissions and mileage standards, changes in the sources of electricity, and increases in energy efficiency by existing facilities. The remainder will need to come from requiring new facility development to have lower carbon intensity than BAU conditions. Therefore, this analysis uses a threshold of significance that is in conformance with the state's goals. On December 12, 2008, ARB adopted the AB 32 Scoping Plan, which details specific GHG emission reduction measures that target specific GHG emissions sources. While none of the Scoping Plan measures are applicable to the proposed project, nevertheless, project- related GHG emissions would be reduced as a result of several AB 32 Scoping Plan measures. The Scoping Plan considers a range of actions that include direct regulations, alternative compliance mechanisms, monetary and non- The Academy Charter High School 3 47 June 2012 Initial Study /Mitigated Negative Declaration ICF 00914.11 31 B -123 City of Santa Ana Environmental Checklist monetary incentives, voluntary actions, and market based mechanisms (e.g., cap -and -trade system). Some examples include the following: • Mobile - source GHG emissions reduction measures o Pavley emissions standards (19.8% reduction) o Low carbon fuel standard (7.2% reduction) o Vehicle efficiency measures (2.8% reduction) • Energy production related GHG emissions reduction measures • Natural gas transmission and distribution efficiency measures (7.4% reduction) • Natural gas extraction efficiency measures (1.6% reduction) o Renewables (electricity) portfolio standard (33.0% reduction) These reductions in mobile- source and energy production GHG emissions would occur in addition to the project - specific GHG emissions reductions discussed above (Mitigation Measures GHG -1 through GHG -3). Project- specific mitigation measures would reduce project - specific GHG emissions related to energy consumption and water use by 10 and 20 %, respectively. Overall, the proposed project would be consistent with the AB 32 goal of reducing state -wide GHG emissions to 1990 levels by year 2020. Currently no other GHG reduction plan (i.e., SCAG, SCAQMD, County or City) applies to the proposed pproject. The proposed project would not conflict with any applicable plan, policy, or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases; therefore, impacts would be less than significant. The Academy Charter High School 3 46 June 2012 Initial Study /Mitigated Negative Declaration ICF 00914.11 31 B -124 City of Santa Ana Environmental Checklist VIII. Hazards and Hazardous Materials Less -than- Significant Potentially Impact with Less -than- Significant Mitigation Significant No Impact Incorporated Impact Impact 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 involve handling ❑ ❑ ® ❑ 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 Section 65962.5 and, as a result would it create a significant hazard to the public or the environment? e. Be located within an airport land use plan area ❑ ❑ ❑ or, where such a plan has not been adopted, be within two miles of a public airport or public use airport, and result in a safety hazard for people residing or working in the project area? f. Be located within the vicinity of a private ❑ ❑ Q airship and 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? Discussion Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less - than - Significant impact. A hazardous material is defined as any material that, due to its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or The Academy Charter High School 3 49 June 2012 Initial StudyJMltigated Negative Declaration ICF 00914.11 31 B -125 City of Santa Ana Environmental Checklist environment. Hazardous materials include, but are not limited to, hazardous substances, hazardous wastes, and any material that a business or the local implementing agency has a reasonable basis for believing would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment. There are multiple state and local laws that regulate the storage, use, and disposal of hazardous materials. The County of Orange Environmental Health Division was designated by the State Secretary for Environmental Protection on January 1, 1997, as the Certified Unified Program Agency (CUPA) for Orange County (County of Orange Health Care Agency Environmental Health Services 2011), including the City of Santa Ana. The CUPA is the local administrative agency that coordinates the following six programs regulating hazardous materials and hazardous wastes: Hazardous Waste, Underground Storage Tanks (UST), Aboveground Petroleum Storage Tanks (APST), Hazardous Materials Disclosure (HMD), Business Plan, and California Accidental Release Program (CalARP). Additionally, the Orange County Code of Ordinances provides regulations for the use and storage of hazardous materials. Section 3 -3 -14 of Chapter 27 requires the Orange County Fire Authority Chemical Classification packet to be completed and approved prior to approval of plans and /or the storage, use, or handling of chemicals on any premise. Currently, the project site contains asphalt, cement, building pads, a large pile of rubble, and sand bags and does not contain any hazardous materials. The proposed construction activities would involve the transport, use, and disposal of hazardous materials such as paints, solvents, oils, grease, and caulking. In addition, hazardous materials would be needed for fueling and servicing construction equipment on the site on a temporary basis. These types of materials are commonly used during new building construction and are not acutely hazardous. Furthermore, all storage, handling, use, and disposal of these materials are regulated by Orange County regulations, which the project construction activities are required to strictly comply with. As a result, hazardous material impacts related to construction activities would be less than significant. Operation of the proposed project includes residential and school activities, which generally use hazardous materials including solvents, cleaning agents, paints, pesticides, batteries, and aerosol cans. Although the project would utilize common types of hazardous materials, normal routine use of these products would not result in a significant hazard to residents or workers in the vicinity of the project. Therefore, operation of the proposed project would not result in a significant hazard to the public or to the environment through the routine transport, use, or disposal of hazardous waste during operation of the proposed project. Impacts would be less than significant. 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? Less - than - Significant Impact. Former hospital and medical office buildings at the site involved the presence and routine use of hazardous materials. However, as a result of previous clean -up activities, testing has not identified any remaining hazardous materials on the project site. An Environmental Site Assessment prepared in June 2011 (Athanor 2011b) determined that potential asbestos - containing materials existed in the former hospital buildings that date back to 1964. The potentially asbestos - containing materials were abated, and prior to demolition, the air monitoring was completed, which confirmed that all air sample results are within the guidelines established by the Environmental Protection Agency (EPA) for reoccupation of an area that has undergone asbestos abatement. In addition, an underground storage tank (UST) previously existed within the The Academy Charter High School 3 50 June 2012 Initial Study /Mitigated Negative Declaration ICE 00914.11 City of Santa Ana Environmental Checklist project site, but has been appropriately removed and the City's Fire Department provided a closure letter in 2005 to the site's previous owner. As such, the project site does not contain any hazardous materials that could result in the release of materials into the environment. As discussed in VIII.a, project construction and operation activities would involve a limited use of hazardous materials. Equipment that would be used in construction of the proposed project has the potential to release oils, greases, solvents, and other finishing materials through accidental spills. However, the consequences of construction- related spills are not substantial because the volume of hazardous materials held within any single piece of construction equipment is limited. Construction - related spills of hazardous materials are not uncommon, but the enforcement of construction and demolition standards, including BMPs by appropriate local and state agencies, would minimize the potential for an accidental release of petroleum products and /or hazardous materials or explosions during construction. Federal, state, and local regulations would be followed by the construction contractor to reduce the effects of potential hazardous materials spills. Likewise, operation of the proposed project would use and store a limited amount hazardous materials including solvents, cleaning agents, paints, and pesticides. Large volumes of these hazardous materials would not be stored on site. Any spill or release of the hazardous materials stored or routinely used in operation of the project is not anticipated to have the volume to result in a significant hazard to residents or workers in the vicinity of the project. Farther, because the project would comply with federal, state, and local hazardous waste regulations, the proposed project would not 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? Less - than - Significant Impact. The proposed project involves the construction and operation of a residential school and is also located within 0.25 mile of other school sites. As described in VIII.b, construction and operation of the proposed project would involve the use of small amounts of hazardous materials subject to federal, state, and local regulations. No element of the proposed project would involve acutely hazardous materials, substances, or wastes. In addition, emissions from construction and operation of the project were evaluated in the air quality analysis presented in Section iil. It was determined that after implementation of mitigation, the maximum emissions from the project would not cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standards. Therefore, implementation of the proposed project would not emit hazardous emissions or handle hazardous materials within 0.25 mile of a school. d. Be located on a site that is included on a list of hazardous materials sites that complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact. A Phase i site assessment was prepared in 2011, which included a federal, state, and local database search and determined that the proposed project site is not included on a list of hazardous material sites (Athanor 2011a). In addition, soil and groundwater investigations were completed in June 2011 that tested for pesticides, nitrates, petroleum hydrocarbons, toxic heavy metals, mercury, VOCs, and PCBs. The testing determined that the only compound to exceed its The Academy Charter High School 3 5� June 2012 Initial Study /Mitigated Negative Declaration (CF 00924.11 31 B -127 City of Santa Ana Environmental Checklist respective Residential Screening Level per the USEPA is arsenic. The Environmental Site Assessment determined that the level of arsenic found on site is reflective of the natural background for arsenic in soils and shallow groundwater in the region. Because this is reflective of the natural condition, the project site would not be considered a hazard related to arsenic. The testing also identified pesticides; however, the pesticide levels were found to be within Residential Screening Levels and do not create a hazardous material condition on the project site. As described previously under VI ll.b., the previously identified hazardous materials related to a UST and asbestos containing materials on site have been removed. Therefore, there are no existing hazardous materials on site that would create a significant hazard to the public or the environment e. For a project within an airport land rise plan or, where such a plan has not been adopted, within 2 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 Impact. The project site is not within 2 miles of any public or private airport facility. John Wayne Airport is located about 8 miles southeast of the project site, and the Fullerton Municipal Airport is located approximately 11 miles to the northwest (Google Earth 2011). The project site is not located within the boundaries of the Airport Environs Land Use Plan ( AELUP) for john Wayne Airport or the Fullerton Municipal, which is administered by the Airport Land Use Commission (ALUC). As such, the proposed project would not conflict with the ALUC or any other applicable rules and regulations as they pertain to airports and airport safety, and no impacts would result upon implementation of the proposed project. f. Fora 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 Impact. The project site is not located within the vicinity of a private airstrip. As described above under V11I.e, the closest airport facility is John Wayne Airport, which is a public airport. The project site is located outside of the ALUEP and would not be subject to the rules and regulations as they pertain to this airport. Additionally, because there are no private airstrips within the vicinity of the project, no hazard impacts related to private airstrips would occur with implementation of the proposed project. g. Impair implementation of or physically interfere with an adopted emergency response plan or enrergencyevacuation plan? Less -than- Significant Impact. Emergency response and evacuation is the responsibility of the City of Santa Ana Fire Department. The City of Santa Ana also maintains a Natural Hazards Mitigation Plan (NHMP); however, there are no designated emergency evacuation routes or location- specific goals or policies addressing emergencies. The NHMP identifies three primary hazard risk areas, which include earthquakes, flooding, and wind storms. Direct access to the project site for emergency vehicles is provided on the western side of the site along North Fairview Street. Construction activities would occur within the project site and would not restrict access of emergency vehicles to the project site. After construction of the project, emergency access to the site would remain via North Fairview Street. The project is required to design and construct internal emergency access, and size and location of fire suppression facilities (e.g., hydrants and sprinklers) to conform to Fire Department standards. The Santa Ana Fire Department would review the development plans prior to approval to ensure adequate emergency access. The Academy Charter High School 3 52 June 2612 Initial Study /Mitigated Negative Declaration 1CF 00914.11 MWNKOO� City of Santa Ana Environmental Checklist Specific internal circulation descriptions, project - related traffic increase, and potential effects to emergency response - related traffic conditions are discussed in Section XVI, "Traffic and Circulation." As described, traffic generated from operation of the project would not result in significant traffic impacts; as such, project - related traffic would not result in delays to emergency vehicles. As described, the proposed project would not block emergency vehicle access to the site or adjacent areas, and the project would not interfere with the adopted NHMP. In addition, and as mentioned in the Project Description, the Academy is preparing an emergency preparedness handbook drafted specifically to the needs of the school site in conjunction with the police and fire departments. This handbook will include emergency evacuation plans for fire, flood, earthquake, terrorist threats, and hostage situations. As a result, implementation of the proposed project would not impair or physically interfere with an emergency response and impacts are considered to be less than significant. h. Expose people orstructures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urban !zed areas or where residences are intermixed with wildlands? No Impact. The proposed project site is located within an urban developed area and is not located within an identified wildland fire hazard area, as identified by the Orange County Operations Centel- and the California Department of Forestry and Fire Protection (Figure 20, Orange County Fire Hazard Severity Zones; County of Orange n.d.). Implementation of the proposed project would also require adherence to the following chapters of the City's Municipal Code to reduce potential fire hazards: Chapter 8.2 Uniform Building Code, Chapter 8.4 Uniform Mechanical Code, Chapter 8.5 National Electric Code, and Chapter 14 City of Santa Ana Fire Code. Additionally, the project would be in compliance with any further guidelines from the City of Santa Ana Fire Department related to fire prevention and is subject to approval by the City's Building Department. Therefore, the proposed project would not expose people or structures to a significant risk of loss, injury, or death from wildfires. The Academy Charter High School 1 202 Initial Study /Mitigated Negative Declaration tCF 3 -53 tune ne 20 2 �1 M Wan City of Santa Ana Environmental Checklist The Academy Charter High School 3 S4 June 2012 Initial Study /Mitigated Negative Declaration ICF 00914.11 Less-than- Significant Potentially Impact with Less -than- Significant Mitigation Significant No IX. Hydrology and Water Quality Impact Incorporated Impact Impact Would the project: a. Violate any water quality standards or waste ❑ ❑ ® ❑ discharge requirements? b. Substantially deplete groundwater supplies ❑ ❑ ® ❑ or interfere substantially with groundwater recharge, resulting in 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 a stream or river, in a manner that would result in substantial erosion or siltation onsite or offsite? 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 onsite or offsite? e. Create or contribute runoff water that would ❑ ❑ ® ❑ exceed the capacity of existing or planned storinwater 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 liazard 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 darn? j. Contribute to inundation by seiche, tsunami, ❑ ❑ ❑ or mudflow? The Academy Charter High School 3 S4 June 2012 Initial Study /Mitigated Negative Declaration ICF 00914.11 City of Santa Ana Environmental Checklist Would the project: a. Violate any water quality standards or waste discharge requirements? Less- than - Significant Impact. The proposed project could potentially result in impacts to water quality from both construction and operation, which are discussed separately below. Watersheds are typically areas that drain to a single point or receiving water (any watercourse or wetland into which surface water flows). The project site is located in the Santa Ana River watershed which is underlain by the southwest portion of tine Coastal Plain of Orange County Groundwater Basin. The project site is located at approximately 40 feet above mean sea level on flat terrain that slopes gently downward to the south - southwest (Athanor 2011x). The project site is drained generally by water sheet flows over asphalt -paved surfaces into the existing stormwater drainage system, which discharges into the Santa Ana River (County channel E01; OCFCD 2008; Property Condition Assessment 2011). The Santa Ana River is the major drainage channel flowing through the City and ultimately outlets into the Pacific Ocean. The Santa Ana River is located within 500 feet to the east of the project site and is not impaired (303(d) listed) in the vicinity of the project site (Reach 1; SWRCB 2006). Construction Impacts Tire potential impacts of construction activities on water quality focus primarily on sediments, turbidity, and pollutants associated with sediments. Construction - related activities that expose and move soils are primarily responsible for sediment releases. The project includes removal of existing concrete building pads and vegetation, site grading, soil preparation, and site trenching. These project activities could result in wind and rain erosion of the existing onsite soils and could increase the amount of suspended solids contained in storm flows due to erosion of exposed soils. Non - sediment potential contaminants that could enter water runoff from the construction site include paints, solvents, metals, oil, gasoline, petroleum products, concrete- related products, chemicals, and trash. All of these contaminants could contribute to the degradation of water quality. Because the project would disturb over 1 acre of land, the proposed project is subject to the General Construction Permit. The General Construction Permit, which was adopted by the SWRCB as Water Quality Order 99- 08 -DWQ on August 19, 1999, is required for soil disturbance activities that would be greater than 1 acre. Compliance with the General Construction Permit requires the development and implementation of a Storm Water Pollution Prevention Plan ( SWPPP), the elimination or reduction of non - stormwater discharge off site into storm drainage systems or other water bodies, and the implementation of BMPs. The SWPPP requires a description of the proposed project site, identification of sources of sediment and other pollutants that may affect the quality of storm water discharges, a list of BMPs to provide sediment and erosion control, waste handling measures, and non- stormwater management. The SWPPP would be required to meet or exceed measures required by the Construction General Permit. As a result, construction of the proposed project would result in less - than - significant impacts related to water quality standards. Impacts on Groundwater Quality. Historical high groundwater elevations below the project site are as shallow as 15 feet bgs. According to subsurface evaluations conducted for the 2011 geotechnical exploration study, depth -to- groundwater on the project site ranges between 32.0 and 41.6 feet. As described in Chapter 2, "Project Description," the proposed project would require minimal grading and a maximum excavation depth of 5 feet below the existing grade. Because The Academy Charter High School 12 20 June Initial Study /Mitigated Negative Declaration 3 -55 !CF June 2011 31 B -131 City of Santa Ana Environmental Checklist excavations would be limited to 5 feet below the existing grade, it is not anticipated that groundwater would be encountered during construction. Furthermore, implementation of the SWPPP (as described above) would prevent runoff, contaminated soils, or construction contaminants from entering excavated areas. Therefore, no impacts related to water quality standards would occur from implementation of the proposed project. Operational Impacts The City is a copermittee under the Orange County Municipal National Pollutant Discharge Elimination System (NPDES) Permit for the Santa Ana Region, Orders No. 118- 2009 -0030 and 1.8- 2010 -0062 (NPDES No. CAS618030; Santa Ana RWQCB 2003). To implement the requirements of the Municipal Separate Storm Water System (MS4) Permit, a Drainage Area Master Plan (DAMP) was developed to provide a framework and a process for following the MS4 Permit requirements to incorporate watershed protection /stormwater quality management principles into the environmental review and development permit approval processes. Per the requirements in the DAMP and the MS4 Permit, the City has adopted a Local Implementation Plan (LIP) implementing the DAMP and MS4 Permit within the city limits. in addition, the DAMP and the LIP are enforced by the City of Santa Ana's Water Pollution Regulations (Section 18, Article 4 of the City's Municipal Code). The DAMP establishes a baseline set of BMPs focusing on improving water quality for receiving waters in Orange County. Under the DAMP, the proposed project is considered a priority project because the project will replace more than 5,000 square feet of impervious surface and more than 50% of the impervious surface on the site. As a priority project, the project applicant would be required to prepare a Water Quality Management Plan (WQMP) and incorporate all source- control BMPs. Using the LiP as a guide, the applicant has prepared a WQMP for the proposed project. The WQMP targets control of pollutants in runoff typically produced by the proposed project's land use (e.g., sediment, nutrients, trash and debris, oxygen - demanding substances, oil and grease, bacteria, and pesticides) to reduce impacts on water quality during project operation. As of August 17, 2011, all WQMPs must conform to the requirements outlined within the 2011 Model WQMP established by the Santa Ana RWQCB. As required by existing regional regulations being implemented by the City, the proposed project would comply with all BMPs and design specifications required in the WQMP to minimize runoff and erosion impacts that could result in a violation of water quality standards or waste discharge requirements. Specifically, the project's water pollution control measures include installation of a bioretention system and permeable pavers to treat onsite stormwater. The bioretention system will be a soil and plant -based filtration device that removes pollutants. It typically consists of a grass buffer strip, sand bed, ponding area, organic layer or mulch layer, planting soil and plants. Permeable paving is comprised of impermeable blocks separated by spaces and joints, through which water can drain. Pervious paving reduces runoff volume while filtering flows. As a result of compliance with existing regulations and implementation of BMPs, operational impacts related to the violation of water quality standards or waste discharge requirements would be less than significant. The Academy Charter High School 3 -56 June 2012 Initial Study /Mitigated Negative Declaration 1CF 00914.11 L City of Santa Ana Environmental Checklist b. Substantially deplete groundwatersupplies or interfere substantially with groundwater recharge, resulting in 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)? Less than- Significant Impact. The City of Santa Ana is a member agency of the Orange County Water District (OCWD), which provides the City of Santa Ana with approximately 62% of its water from the Orange County Groundwater Basin. The remaining 38% of the City's water demand is imported from Northern California and the Colorado River by the Metropolitan Water District of Southern California (Metropolitan). Water recharge in Orange County occurs from the Santa Ana River, recycled water, and imported water. The OCWD recharge basins are located solely in the cities of Anaheim and Orange (OCWD 2012). The OCWD maintains 30 recharge facilities with a combined total storage volume of about 26,000 acre -feet and 1,067 acres of wetted areas, none of which are located near the proposed project site (OCWD 2009). However, the Santa Ana River is located within 500 feet east of the project site and, although it is concrete -lined through the City, it is identified as a source for groundwater recharge. The project site is currently covered with 74% impervious surfaces that consist of concrete slabs and paving. The site is not a source for groundwater recharge. The project would redevelop the site with school uses that would not result in a substantial change in impervious surfaces. The redeveloped site would be 72% impervious. Because the project would not result in a substantial change over existing conditions, and because the site does not contain recharge facilities, the project would not interfere with groundwater recharge. The projected water demand associated with the proposed project is estimated at approximately 25,992 gallons per day at maximum capacity on a school day, which is substantially less than the historic water use from the project site. This volume of water use by the proposed project will not result in substantial depletion of water resources from the Orange County Groundwater Basin (see Utilities and Service Systems for an expanded discussion on water). Therefore, the proposed project would not result in the substantial depletion of groundwater supplies or substantially interfere with groundwater recharge such that there would be net deficit in aquifer volurne or lowering of the groundwater table. Impacts related to lowering the groundwater table and groundwater recharge are less than significant. c. Substantially alter the existing drainage pattern of the site or area, Including through tine alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on site or off site? Less -than- Significant Impact. The proposed project would result in minimal changes to the amount of impervious surfaces on site, and will not substantially alter the existing drainage pattern of the project site or alter the course of the Santa Ana River in a manner that would result in substantial erosion or siltation onsite or offsite. Although the project site is within 500 feet of the Santa Ana River, development of the proposed project would not directly affect its course or flow patterns. Current drainage patterns consist of surface flow across the site and into an offsite storm drain system along 17th Street, which empties into a concrete -lined portion of the Santa Ana River channel and levee located south -east of the project site. The project would slightly increase pervious surfaces (approximately 2% or 6,000 sf of area) on the project site that would result in less storm flow. The planned operational stormwater drainage for the center portion of the project site will direct surface flow to drain into a bioretention system that The Academy Charter High School 3 57 June 2012 20 initial Study /Mitigated Negative Declaration ICF ne 2011 l Y, City of Santa Ana Environmental Checklist will treat stormwater. The treated stormwater will be discharged at four locations along North Fairview Street and join the existing drainage pattern of the street that will transport flows into the existing storm drain system in 17th Street. Stormwater from the remainder of the site will infiltrate into permeable pavers, with any overflow going to the existing curb and gutter on North Fairview Street. The project does not include changes to the existing offsite drainage patterns as a result of the proposed project. The project would not alter the course of a stream or river and would not result in substantial erosion or siltation offsite. As discussed above under IX.a, a required NPDES General Construction permit and a SWPPP would be required to address sediment control and flooding during construction activities. As a result of compliance with existing regional and local regulations, impacts are related to changes in the drainage pattern or erosion /siltation from the site and are less than significant. d. Substantially alter the existing drainage pattern of the site orarea, including through the alteration of the course ofastreamorilver, orsubstantia llyincreasetherateorarnountof surface runoff in a manner that would result in flooding on site or offsite? Less - than - Significant Impact. Refer to IX.c. Although construction of the proposed project would take place within 500 feet of the concrete -lined portion of the Santa Ana River, development of the proposed project would not impact its course or flow patterns. Existing flows from the project site enter the river through existing stormwater facilities, as described in IX.c. The overall drainage pattern of the site would not be substantially altered, and the project would construct onsite stormwater infrastructure to connect to the existing offsite facilities. The planned operational stormwater drainage for the center portion of the project site will direct surface flow to drain into a bioretention system that will treat stormwater. The treated stormwater will be discharged at four locations along North Fairview Street and join the existing drainage pattern of the street that will transport flows into the existing storm drain system in 17th Street. Stormwater from the remainder of the site will infiltrate into permeable pavers, with any overflow going to the existing curb and gutter on North Fairview Street. The project does not include changes to the existing offsite drainage patterns. Offsite stormwater flows from the proposed project would be conveyed in the same manner as existing conditions, and the project would not substantially alter the existing drainage pattern of the site. In addition, as described previously, the project site will include a 2% increase in pervious area, which is approximately 6,000 sf greater than the pre - project condition. As a result, stormwater flows from the project site would not increase with development of the project and flooding on or off site will not result. As discussed in Ma, the project would be required to obtain a General Construction Permit and implement a SWPPP containing BMPs and a WQMP, which would address flooding issues for construction and post - construction phases. As a result, the proposed project would not alter the existing drainage pattern or increase runoff in a manner that would result in flooding. Therefore, impacts are less than significant after mitigation. e. Create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polhuted runoff? Less - titan- Significant Impact. Refer to IX.a and IX.c. As described above, the proposed project would not alter the existing drainage pattern or substantially change the amount of impervious surfaces on the project site. Because the project site has been long developed with approximately 74% impervious surfaces, redevelopment of the site with 72% impervious surfaces would not The Academy Charter High School 12 3 58 June 20 Initial Study /Mitigated Negative Declaration ICF 0092011 31 B -134 City of Santa Ana Environmental Checklist generate a substantial increase in runoff water that would exceed the capacity of the existing or planned stormwater drainage system. As described in Section XVII, "Utilities," the site is located within an urban and fully developed area with drainage that is directed to improved stormwater infrastructure that has been serving the largely impervious project site. As described previously, the proposed project would result in a 2% reduction in impervious surfaces on site. Furthermore, post - development drainage will consist of surface flow in the center of the project site draining into a bioretention system and surface flow along the parking areas and perimeter of the site draining into permeable pavers. Any overflow will be directed into the existing curb and gutter. Treated stormwater will discharge at four locations along North Fairview Street and join the existing drainage pattern of the street. The project will not include changes to the existing offsite drainage pattern. Therefore, the project would result in less - than- significant impacts related to the capacity of existing and planned stormwater drainage systems. f. Otlierwise substantially degrade water• quality? Less - than - Significant Impact. As described in IX.a through IX.e, the proposed project would result in less -than- significant short -term construction or long -term operational impacts on water quality. Construction impacts would be reduced through the implementation of BMPs identified in the SWPPP and as required by the regional stormwater permit and DAMP. Implementation of the project in compliance with existing regulations would result in less - than - significant impacts related to water quality. g. Place houshrg within a 100 year flood hazard area, as mapped on a federal Flood Hazard Boundary or Flood lnsm ance Rate Map or other-flood hazard delineation map? Less - than - Significant Impact. The proposed project site is not located within any type of flood zone (including a 100 -year flood hazard area) per Flood Insurance Rate Map No. 06059C0144j, December 3, 2009. Therefore, the project does not place housing within a 100 -year flood hazard area, and no impacts would occur. h. Place within a 100 year flood hazard area sia'uctures that would impede or redirect flood flows? No Impact. As discussed in 1X.g, the project site is not located within a 100 -year flood hazard area as mapped on the Flood Insurance Rate Map for the area. Further, the proposed residential development is located within a developed urban area and would not be located in an area that would impede or redirect flood flows. No impacts related to 100 -year flood hazard areas would occur with implementation of the proposed project. 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? Less - than - Significant Impact. As described previously, the proposed project is not located within a flood zone, it is located within S00 feet of the Santa Ana River, which (like large portions of Santa Ana) could be inundated in the event of a significant failure of the Prado Dam that is located approximately 21 miles upstream. Flood waters from the dam could travel down the Santa Ana River toward the Pacific Ocean. In the event of a large -scale failure of the Prado Dam, flood waters would take approximately 6 hours to travel the distance to the project vicinity, approximately 7.5 The Academy Charter High School Initial Study /Mitigated Negative Declaration 3 -59 12 tCf June ne 20 2011 31 B -135 City of Santa Ana Environmental Checklist hours for the flood waters to peak at an elevation of 96 NAVD, which is approximately 4 feet over the existing Santa Ana River bank height in the project vicinity (CCCD 2011). Implementation of the proposed project will include operation of an emergency plan and preparation of an emergency preparedness handbook in conjunction with Santa Ana police and fire departments. The emergency operations plan will be drafted specifically to meet the needs of the school site. This handbook will include emergency response plans for fire, flood, earthquake, terrorist threats, and hostage situations. Because the project site is located approximately 21 miles froth Prado Dam and flood waters would take approximately 6 hours to the project area, the project's planned emergency response operations would protect students and employees onsite in the unlikely event of a Prado Dam failure. As a result, the proposed project would not expose people or structures to a significant risk of loss, injury, or death involving flooding as a result of the failure of a levee or darn. j. Contribute to inundation by seiche, tsunami, or mudjoow? No Impact. The proposed project site is located over 12 miles away from the Pacific Ocean, and is generally considered too far away to be subject to a tsunami. Additionally, the County of Orange Emergency Operations Plan map of inundation zones along the coastline shows that the project site is not located within an area anticipated to be at risk of a tsunami (County of Orange 2005). Therefore, the project would not result in impacts related to potential tsunami inundation. The closest enclosed bodies of water that could result in an earthquake- induced seiche to the site is the Prado Dam located 21 miles upstream from the project site. 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 the Prado Dam (Orange County Flood 2012). Therefore, there would be no impact to the project site as a result of overflow caused by a seiche. The project site is located within a fully developed area, and on a site with limited topographical relief. The project site is not located downhill from any slope of sufficient size to cause mudflows. Therefore, the project would not result in impacts associated with mudflows. The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 3 -60 ICF 00914.11 l : 111 City of Santa Ana Environmental Checklist Less -than- Significant Potentially Impact with Less -than- Significant Mitigation Significant No X. Land Use and Planning Impact Incorporated Impact Impact 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, a 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 nlan? Discussion Would the project: a. Physically divide an established carnrnunity? No Impact. The proposed project involves development of a previously developed vacant area for a residential charter high school. The 7.2 -acre project site is currently vacant and undeveloped, but it is within a completely developed urban area bounded by roadways and developed areas (existing medical and residential). The project would develop an infill project site that would become part of a community, not physically divide a community. In addition, the proposed residential charter high school development would be consistent with general plan land uses. Therefore, the project would not physically divide an established community, and impacts would not occur. b. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, ageneral plan, specific plan, local coastal program, orzoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Less - than - Significant Impact. The project site has a Professional /Administrative Office (PAO) land use designation. The General Plan states that this land use designation is intended for a variety of professional office and service activities that are focused in areas where offices are the predominant land use or nodes within the city for office and office- related uses. The zoning designation for the site is Professional (P), which provides for a variety of uses, including trade and professional schools, hospitals, adult day care facilities, clubs, fraternities, and lodges. The P zoning designation allows for the proposed school project with the approval of a CUP. Therefore, the existing land use and zoning designation for the project site is consistent with the proposed project, which would develop a residential charter high school with approval of a CUP. However, the proposed project includes a proposed variance to allow for an increase in building height above what is regularly allowed within the P zone. As described in Section 41 -314 of the The Academy Charter High School 12 20 3 61 June Initial Study /Mitigated Negative Declaration icF June 2011 31 B -137 City of Santa Ana Environmental Checklist City's Municipal Code, the P district has the following development guidelines related to building heights: (a) No structure shall exceed thirty -five (35) feet in height except as provided by section 41 -602 for Height District H. (b) Notwithstanding the provisions of section 41 -602 (d), all structures shall not exceed three (3) stories or thirty -five (35) feet within one hundred forty (140) feet of property used or zoned for residential purposes. (c) Notwithstanding any other height provision of this chapter, all structures shall not exceed two (2) stories or twenty -five (25) feet in height within the rear fifty (50) percent of a lot abutting on the rear property line of property zoned or used for residential purposes. The project proposes buildings that exceed these height restrictions. As shown in Table 3 -12, buildings D, F, G, and H are proposed to be higher than allowed by the P zoning designation. Buildings D, F, and H are within the rear 50% of the project site and are adjacent to residential buildings. Thus, these buildings are restricted by the zoning code to a maximum height of 25 -feet. Building G is proposed to be over the general 35 -foot height limitation for the P zone. These building heights are part of the P zone to ensure that development is massed appropriately and not in conflict with adjacent residential areas. Table 3 -12. Proposed Building Heights Phase Building Allowable Height Proposed Height 1 A 35' 32' -9" 1 B 35' 33' 1 C 25' 23' -5" 1 D 25' 32' -5" 1 E 35' 31' -11" 2 1± 25' 34' 1 G 35' 46' -7" 2 H 25' 31' -7" In addition, the project requests a variance to allow for an increase in wall height above what is regularly allowed within the P zone. As described in Section 41 -322 of the City's Municipal Code, the P district has the following development guidelines related to building heights: A six -foot high minimum solid decorative masonry wall designed in the same manner as the proposed building shall be provided along the side and rear property lines. Notwithstanding, said wall shall not exceed forty-two (42) inches in height within twenty (20) feet of the property line abutting a street. If the site is abutting a nonresidential use, the wall height requirement may be reduced by the planning director. The project proposes that the existing walls bounding three sizes of the project remain. These existing walls vary in height, but average 6 -feet high, which is above the 42 -inch requirement for properties abutting a street. The Academy Charter High School 3-62 June 2012 Initial Study /Mitigated Negative Declaration ICF 06914.11 Clty of Santa Ana Environmental Checklist As described within Section 1, "Aesthetics," with implementation of mitigation, the proposed building heights and massing would not result in significant aesthetic impacts to the existing adjacent residential areas. Also, as described in Table 3 -13 below, the project will be consistent with General Plan goals and policies that direct development to be harmonious and compatible in scale and character with existing surrounding development. Furthermore, with approval of the variance the project would not be in conflict with the zoning ordinance. With adoption of the CUP and variance, the project would be consistent with the existing General Plan and zoning designations of the site, and would not conflict with any land use policy or plan adopted for the purpose of avoiding or mitigating an environmental effect. Table 3 -13 outlines the City's General Plan goals, objectives, and policies that are applicable to the proposed project and discusses the project's consistency with each applicable goal, objective, or policy. Several General Plan elements and policies are not included in Table 3 -13 because they address issues that are not relevant to the proposed residential chatter high school project. As described in Table 3 -13, the proposed project is consistent with, or furthers the intent of, all of the applicable City General Plan goals, objectives, and /or policies. Impacts would be less than significant. Table 3 -13. Project Consistency with the Santa Ana General Plan Consistency Goal, Objective, or Policy Consistency Discussion Determination Conservation Element Policy - Minimize changes in The project would be required to obtain a Consistent hydrology and pollutant General Construction Permit to develop the loading; require proposed project. A General Construction incorporation of control, Permit addresses soil disturbance activities including structural and greater than 1 acre and includes the non - structural and Best development and implementation of a Management Practices to SWPPP, WQMP, and BMPs to provide mitigate the projected sediment and erosion control, waste increases in pollutant loads handling measures, and non stormwater and flows. management As such, the proposed project would include BMPs to mitigate the projected increases in pollutant loads and flows, consistent with this policy and RWQC13 requirements. Policy - Ensure that post- The project would result in an increase in Consistent development runoff rates post - development runoff from the site and and velocities from a site the City's DAMP and LIP would require have no significant adverse implementation of a WQMP to incorporate impact on downstream source- control BMPs. There are no streams erosion and stream habitat. or rivers within or adjacent to the project site and no significant adverse impacts on downstream erosion or stream habitat are anticipated. The project would be consistent with this uolicv. Education Element Goal 1 - Provide sufficient The project would result in the Consistent cultural, recreational and development of an educational facility, educational services and which would contribute to meeting the City The Academy Charter High School 01 22 3 -63 tune Initial Study /Mitigated Negative Declaration 1CF ne 2 12 City of Santa Ana Environmental Checklist Consistency Goal, Objective, or Policy Consistency Discussion Determination facilities to meet the City of of Santa Ana's educational needs, consistent Santa Ana's educational with this goal. needs. Policy 2 - Encourage the The project includes the development of a Consistent shared use of school sites residential charter high school that would and their facilities as well as provide multiple uses on site, including other public facilities (i.e., residential, educational, and recreational. libraries, recreation As such, the proposed project would be centers), where appropriate. consistent with this policy. Enemy Element Variance to allow for an increase in Policy - Encourage higher The project includes a proposal to entitle a Consistent densities of housing and residential private charter high school on a office (mixed use) 7.2 -acre site and would require a development to relate to Conditional Use Permit to allow child care areas of higher facilities, trade and professional schools, transportation access and gymnasiums, and recreational uses and a capacity. Variance to allow for an increase in allowable building height and a parking reduction. Furthermore, the project site is located amid existing urban development along North Fairview Street. Access to and from the site would be achieved via North Fairview Street, Also, North Fairview Street provides access to existing bus routes and SR -22, which is located about a mile north of the project site. The project would therefore provide infill development within an existing office and residential area that will provide direct access to transportation, which is consistent with this policy. Land Use Element Goal 3 -- Preserve and The project would result in the Consistent improve the character and development of a residential charter high integrity of neighborhoods. school on a previously developed, but vacant site that is within a completely developed urban area. Because the project would result in infill development that is consistent with the objectives of the Professional (P) district with a CUP, and would provide improvements to a vacant parcel that is covered with asphalt and building pads, the project would improve the character and integrity of the project area, which is consistent with this goal. Goal 5 - Ensure that the The proposed project is subject to an Consistent impacts of development are evaluation of potential impacts as required mitigated. by State CEQA law. As the Lead Agency, the City of Santa Ana determined that a Mitigated Negative Declaration would be sufficient to ensure that the impacts of development are mitigated to a level below The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 3 -64 ICF00914.11 'J City of Santa Ana Goal, Objective, or Policy Consistency Discussion Environmental Checklist Consistency Determination Consistent Consistent Policy 5.2 - Protect the significance. A complete discussion of the community from project's potential impacts and mitigation incompatible land uses. measures are included within this MND document, which ensures that the impacts of the proposed development are mitigated through the proposed mitigation measures; therefore, the project would be consistent with this goal. Policy 2.10 - Support new The project would result in development of development which is a residential charter high school on a vacant harmonious in scale and lot surrounded by existing urban character with existing development. Existing development development in the area. surrounding the project includes commercial, office, medical, and single- and multi- family residential uses. The St. Edna Subacute & Rehabilitation Center, which is a single -story building, is located adjacent to the project site to the north. To the east and west of the project site are a variety of single - family residential homes, and a development of multi - family townhomes occurs south of the project site. Further south along North Fairview Street is a strip commercial center with auto - related uses and a variety of local- serving commercial uses. The development of the proposed 450 - student high school will consist of eight 1 -3 story structures that will be spread equally across the 7.2 -acre project site and will be harmonious in scale and character with existing surrounding development. Thus, the proposed project would be consistent with this policy. Policy 3.5 -- Encourage new The project would introduce a residential development and /or charter high school to an existing urban additions to existing mixed use neighborhood. As discussed development that are above under Policy 2.10, surrounding compatible in scale, and development consists of commercial, office, consistent with the and single- and multi- family residential architectural style and uses, and the project would be compatible character of the with the character of the neighborhood. The neighborhood, project's architectural style would be consistent with the style of surrounding buildings along North Fairview Road. Therefore, the project is consistent with this policy. Environmental Checklist Consistency Determination Consistent Consistent Policy 5.2 - Protect the The project site consists of a previously Consistent community from developed vacant lot surrounded by a mix incompatible land uses. of urban uses, including single- and multi- family residential, office, and commercial development. The project would be compatible and appropriate at the proposed The Academy Charter High School 3 -65 June 2012 Initial Study /Mitigated Negative Declaration ICF 00914.11 31 B -141 City of Santa Ana Environmental Checklist Consistency Goal, Objective, or Policy Consistency Discussion Determination location with the surrounding community with the approval of a CUP to allow for child care facilities, trade and professional schools, gymnasiums, and recreational uses; and approval of a variance for the increase in building height. In addition, the project will be separated, and thereby protected, from adjacent uses by the existing 6 -foot high wall and the landscaping that would be installed with the project. Thus, the project is consistent with this policy. Policy 5.4 - Support land The project would result in the Consistent uses which are consistent development of residential charter high with the Land Use Plan of school. The project site is designated as the Land Use Element. Professional /Administrative Office by the Land Use Element of the Santa Ana General Plan. Under this designation, the residential school use is appropriate with approval of a CUP. Therefore, the project will support land uses that are consistent with the Land Use Plan of the Land Use Element: Policy 5.5 - Encourage See consistency determination for Policy Consistent development which is 2.10 and Policy 3.5 of the Land Use Element, compatible with, and above. supportive of surrounding land uses. Policy 5.11- Encourage The proposed project would result in a Consistent development which does not residential charter high school generate obnoxious fumes, development, and no commercial or toxins, or hazardous industrial land uses are proposed. The materials. proposed school would not generate fumes, toxins, or hazardous materials beyond typical school and residential uses. During construction, activities would involve the use of typical construction related hazardous materials such as paints, solvents, oils, grease, and caulking. These types of materials are not acutely hazardous, and all storage, handling, use, and disposal of these materials are regulated by federal and state regulations, which construction activities are required to comply with. Therefore, the project would be consistent with this policy. Public Safety Element Policy - Assure minimum The proposed project is located about 1.8 miles Consistent feasible response time to from Fire Station #1, which would first respond fire calls in all areas of the to the site in the event of a fire emergency. City. Strictly enforce Additionally, the site is approximately 2.4 miles safety provisions of from Fire Station #8. The hire Department building and zoning codes. estimates that response times to the site are 5 The Academy Charter High School 3 -66 June ne 2012 Initial Study /Mitigated Negative Declaration 2012 icr 31 B -142 City of Santa Ana Environmental Checklist Consistency Goal, Objective, or Policy Consistency Discussion Determination minutes or less, which is considered adequate by the fire department. Furthermore, the fire department requires the proposed project to meet all access, water, and fire protection systems per the California Building Code and Fire Code, as well as all other applicable City Municipal Codes. Due to coordination with the fire department, the existing response times from Stations #1 and #8 to the project site, as well as the enforcement of building code requirements, the project is consistent with this policy. Seisinic Safety Element The project would include modern architectural Consistent Goal 1- Provide a safe As discussed in Sections Vi of this document Consistent environment for all Santa (Geology and Soils), the proposed project will be Ana residents and designed and approved in consistency with the workers. California Building Code and site - specific design finishes, and construction. recommendations within the geotechnical Policy 1.4 - Development investigation. The approval process, by the City and other design features of Santa Ana Planning and Building Agency that prevent loitering, includes confirmation that the proposed vandalism, graffiti, and development fully complies with the California visual deprivation are to Building Code. Other potential safety concerns are addressed throughout this document, and sufficient mitigation measures are provided to ensure that no significant impacts occur as a result of the proposed project. As such, the project would provide a safe environment for all Santa Ana residents and workers, and the project would be consistent with this goal. Objective 1.3 - Minimize Pursuant to requirements of the California Consistent seismic risk in the Building Code, the City of Santa Ana, and construction of new Mitigation Measure GEO -1, the project would structures. incorporate appropriate design measures to minimize the seismic risk related to seismic movement. The incorporation of measures pursuant to these requirements would minimize seismic risk. The project would be consistent with this policy. Urban Design Element Policy 1.1- New The project would include modern architectural Consistent development and elements that represent the highest quality redevelopment projects design, materials, finishes, and construction, must have the highest consistent with this policy. See consistency quality design, materials, determination for Policy 2.10 and Policy 3.5 of finishes, and construction. the Land Use Element, above. Policy 1.4 - Development The project would be required to submit a Consistent and other design features Security Plan to the Santa Ana Police that prevent loitering, Department for approval and to comply with the vandalism, graffiti, and CPTED principles to the satisfaction of the police visual deprivation are to department. In addition, the project site would The Academy Charter High School 67 June 2012 Initial Study /Mitigated Negative Declaration ICF00914.11 'kil:5 I City of Santa Ana Environmental Checklist 31 B -144 Consistency Goal, Objective, or Policy Consistency Discussion Determination be included in all projects. have a security (fob) system that would provide security access throughout the site. Further, the project would include a camera surveillance system, and onsite security personnel to prevent vandalism of the proposed facilities. Therefore, the project is consistent with this policy. Policy 1.5 - Enhanced See consistency determination for Policy 2.10 Consistent architectural forms, and Policy 3.5 of the Land Use Element, above. textures, colors, and materials are expected in the design of all projects. Goal 2 - Improve the See consistency determination for Policy 2.10 Consistent physical appearance of and Policy 3.5 of the Land Use Element, above. districts through development that is proportional and aesthetically related to its district setting. Policy 2.2 - New See consistency determination for Policy 2.10 Consistent development must be and Policy 3.5 of the Land Use Element, above. consistent with the scale, bulk, and pattern of existing development. Policy 2.7 - New See consistency determination for Policy 2.10 Consistent development must exhibit and Policy 3.5 of the Land Use Element, above. a functional, comfortable scale in relation to its neighborhood. Policy 2.11 - New See consistency determination for Policy 2.10 Consistent developments must re- and Policy 3.5 of the Land Use Element, above. enforce, or help establish district character. Policy 2.12 -- The proposed project would develop a private Consistent Development and residential charter high school surrounded by subdivision patterns are existing development and has been designed to be compatible with to integrate with the surrounding residential, existing patterns of commercial, and office development. The development in and project would provide for a smooth transition around districts and to adjacent development and the surrounding neighborhoods, and street network, consistent with this policy. provide a smooth transition along designated edges. The Academy Charter High School Initial Study /Mitigated Negative Declaration 3 68 June 2012 ICF 00914.11 31 B -144 City of Santa Ana Environmental Checklist Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. There are no Habitat Conservation Plans (HCPs), Natural Community Conservation Plans (NCCPs), or other conservation plans that apply to the project site. Therefore, there are no impacts related to this issue, and no mitigation is required. The Academy Charter High School 3 69 June 2012 20 Initial Study /Mitigated Negative Declaration KF ne 2011 31 B -145 City of Santa Ana Environmental Checklist Less -than- Significant Potentially Impact with Less -than- Significant Mitigation Significant No XI. Mineral Resources Impact Incorporated Impact Impact Would the project: a. Result in the loss of availability of a known ❑ ❑ ❑ mineral resource 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? Discussion Would the project: a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. According to the City of Santa Ana Land Use Element, there are no areas identified as having significant mineral resources and no areas having a Significant Mineral Aggregate Resource Areas (SMARA) designation within the vicinity of the project site or within the City. Therefore, implementation of the proposed project would not contribute to the loss of availability of a known mineral resource. No impact would occur. 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. As discussed in XLa, the City's General Plan Land Use Element states that there are no mineral extraction activities in the City. As a result, implementation of the project would not result in the loss of availability of a locally important mineral resource recovery site. No impact would occur. The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 3 -70 ICF00914.11 iffl:a Me, City of Santa Ana Environmental Checklist Less-than- Significant Potentially Irnpactwith Less -than- XII. Noise Significant impact Mitigation Incorporated Significant Impact No Impact Would the project: a. Expose persons to or generate noise levels in ❑ ® ❑ ❑ excess of standards established in a local general plan or noise ordinance or applicable standards of other agencies? b. Expose persons to or generate excessive ❑ ❑ ® ❑ groundborne vibration or groundborne noise levels? c. Result in a substantial permanent increase in ❑ ❑ ® ❑ ambient noise levels in the project vicinity above levels existing without the project? d. Result in a substantial temporary or periodic ❑ ® ❑ ❑ increase in ambient noise levels in the project vicinity above levels existing without the project? e. Be located within an airport land use plan ❑ ❑ ❑ area, or, where such a plan has not been adopted, within two miles of a public airport or public use airport and expose people residing or working in the project area to excessive noise levels? E Be located in the vicinity of private airstrip ❑ [] ❑ and expose people residing or working in the project area to excessive noise levels? Existing Conditions at Project Site The existing noise - sensitive receivers in the vicinity of the project site include: multi- family residences adjacent to the south, occupants of the St. Edna Subacute & Rehabilitation Center adjacent to the north, single - family residences located to the east across Blueberry Lane, and single - family residences located to the west across Fairview Street. The primary existing noise source in the project area is from traffic noise generated from Fairview Street. Other noise sources in the project vicinity are noises that are typical of residential land uses, such as cars starting up and barking dogs. Five short -term and one long -term attended sound level measurements were conducted on January 24, 2012 through January 25, 2012, with a Larson Davis Type 812 sound level meter (short term), which is classified as a Type 1 (precision grade) instrument and a Rion NL -21 sound levels meter, which is classified as a Type 2 instrument. As shown on figure 3 -8, noise was measured at five noise - sensitive locations near the project site and one long -term location on the project site. During the field measurements, the physical observations of the predominant noise sources included: traffic along Fairview Street and Trask Avenue, aircraft on approach to John Wayne Airport, and ambient noise sources such as birds, landscape maintenance activities, and rustling leaves. The Academy Charter Nigh School tune 2012 Initial Study /Mitigated Negative Declaration 3 -72 ICF 00914.11 31 B -147 City of Santa Ana Environmental Checklist The results of the attended short -term sound level measurements are summarized in Table 3 -14. As shown, the measured noise levels during daytime hours in and around the project site ranged from 61 to 63A- weighted decibels (dBA) equivalent continuous noise level (Leq). Table 3 -14. Existing Noise Volumes Regulatory Background: Noise Standards and Thresholds of Significance The proposed project is subject to the policies and standards contained in the Noise Element of the City of Santa Ana's General Plan and the City's Noise Ordinance. Table 1 of the City's General Plan Noise Element sets interior and exterior noise limits for residential land uses at 45 dBA and 65 dBA CNEL4, respectively. The City's General Plan Noise Element also requires that "all Residential uses should be protected with sound insulation over and above that 4 Community Noise Equivalent Level, is the average sound level over a 24 hour period, with a penalty of 5 dB added between 7 p.m. and 10 p.m. and a penalty of 10 dB added for the nighttime hours of 10 p.m. to 7 a.m. The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 3 72 1cF00914.11 M - •11 �� Distant Aircraft, Distant Children Noise Measurement Results Playing Measurement Period 3:35 (dBA) Site Measurement Strawberry Start Duration Lane and Sidney of Strawberry ID Location Date Time (mni:ss) Noise Sources LeQ1 Lalax LMi„ Lgo Lso L10 ST -1 Wintersberg 1/24/2012 1:20 10:00 Traffic along 68.5 75.6 52.1 61.5 67.6 71.4 School, 12752 Presbyterian Distant Aircraft, p.m. Fairview Street ST -5 Park Glen 1/26/2012 10:30 Church, 2000 Apartment p.m. Fait-view Complex 1811 Avenue, Distant Fairview Street Landscaping, Distant Aircraft ST -2 2229 Cotter 1/24/2012 2:36 10:00 Traffic along 59.0 69.6 48.4 50.8 56.9 62.5 Street p.m. Trask Avenue, Regulatory Background: Noise Standards and Thresholds of Significance The proposed project is subject to the policies and standards contained in the Noise Element of the City of Santa Ana's General Plan and the City's Noise Ordinance. Table 1 of the City's General Plan Noise Element sets interior and exterior noise limits for residential land uses at 45 dBA and 65 dBA CNEL4, respectively. The City's General Plan Noise Element also requires that "all Residential uses should be protected with sound insulation over and above that 4 Community Noise Equivalent Level, is the average sound level over a 24 hour period, with a penalty of 5 dB added between 7 p.m. and 10 p.m. and a penalty of 10 dB added for the nighttime hours of 10 p.m. to 7 a.m. The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 3 72 1cF00914.11 M - •11 �� Distant Aircraft, Distant Children Playing ST -3 2706 1/24/2012 3:35 10:00 Traffic along 53.4 67.4 44.3 45.3 48.3 56.9 Strawberry p.m. Strawberry Lane (Corner Lane and Sidney of Strawberry Street Lane and Sidney Street ST -4 Leroy L. Doig 1/26/2012 8:5S 10:00 Traffic along 59.7 682 49.5 51.3 56.1 64.3 Intermediate p.nl. Trask Avenue, School, 12752 Distant Aircraft, Trask Avenue Birds ST -5 Park Glen 1/26/2012 10:30 10:00 Traffic on 56.6 67.4 48.5 50.3 53.4 56.1 Apartment p.m. Fait-view Complex 1811 Avenue, Distant Fairview Street Landscaping, Distant Aircraft r The 10- minute duration, energy - averaged noise level Leq is commonly accepted as being representative of a 1 -hour average in urban and suburban environments. It is used as the basis for community noise equivalent level calculations. Regulatory Background: Noise Standards and Thresholds of Significance The proposed project is subject to the policies and standards contained in the Noise Element of the City of Santa Ana's General Plan and the City's Noise Ordinance. Table 1 of the City's General Plan Noise Element sets interior and exterior noise limits for residential land uses at 45 dBA and 65 dBA CNEL4, respectively. The City's General Plan Noise Element also requires that "all Residential uses should be protected with sound insulation over and above that 4 Community Noise Equivalent Level, is the average sound level over a 24 hour period, with a penalty of 5 dB added between 7 p.m. and 10 p.m. and a penalty of 10 dB added for the nighttime hours of 10 p.m. to 7 a.m. The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 3 72 1cF00914.11 M - •11 �� ri IF T I A�,c W , , TV jj P. t am Jw e� - J All" K- A A Cf' e, r Ti t!!4 xw t 4 �117� zj t "A lig '� r'j # --the Legend r 0: 0 Project Site Long Term Location Modeled Receiver Location Short Term Location I a !a L.3 N 0 125 250 *at Source: ESRI StrestMep North Murics (2009): DigiM C40o (2009) P A&'A 'CF 'J City of Santa Ana Environmental Checklist provided by normal building construction when constructed in areas exposed to greater than 60 dB CNEL" (City of Santa Ana 1982). Table 1 of the City's noise element sets interior and exterior noise limits for Institutional land uses at 45 dBA and 65 dBA CNEL, respectively. Institutional land uses refer to land uses such as hospitals, school classrooms /playgrounds, churches, and libraries. Article IV, Section 18 -314 of the City's Municipal Code specifies permitted hours for construction activities. Noise associated with construction of any real property is exempt provided that it does not occur 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 (City of Santa Ana 2011). Discussion Would the project; a. Expose persons to orgenerate noise levels in excess of standards established in the local general plan or noise ordinance, at- applicable standards of other agencies? Less - than - Significant Impact with Mitigation Incorporated. Impacts related to construction and operation of the proposed project are discussed separately below. Construction Construction activities related to development of the project would occur in two phases. Construction of Phase I is anticipated to take approximately 13 months and construction of Phase If is anticipated to take 12 months, as described in the Project Description, Construction activities would cause short -term elevated noise levels at the residential land uses to the south and east; and at the St. Edna Subacute & Rehabilitation Center to the north of the proposed project site. As described above and provided in (Table 3 -14), existing noise levels at short -term measurement location ST -5 were approximately 57 dBA Leq, which is representative of noise at sensitive receivers to the north, east, and south. Noise levels at short -term measurement location ST -1 were approximately 69 dBA Leq, which is representative of the existing noise at sensitive receivers to the west of the project site across Fairview Street. Noise generated during construction would be dependent on the types of construction equipment used during construction activity, site geometry (i.e., shielding from intervening terrain or other structures), and the distance between the noise source and receiver. Noise from construction equipment would be audible at sensitive receivers surrounding the project site, the closest of which are immediately north, east, and south of the project site. The anticipated construction noise levels were calculated using the Federal Highway Administration's (FHWA) Roadway Construction Noise Model (RCNM). This model factors in distance from construction noise equipment to receiver, construction vehicle mix, presence or absence of shielding from existing walls, and average daily noise levels to calculate noise levels at residences surrounding the project site. Table 3 -15 shows the noise levels calculated at a distance of 50 feet during construction phases where all pertinent equipment is present and operating. The Academy Charter High School 3 73 Lune 2012 Initial Study /Mitigated Negative Declaration [CF 00914.11 31 B -151 City of Santa Ana Table 3 -15. Typical Noise Levels from Construction Activities at 50 Feet Average Sound Level at 50 feet Construction Activity (dBA Leq)' Phase I Excavation and Grading 87 Final Grading, Building 86 Construction, Trenching, Concrete Mixing, and Asphalt Parking Phase lI Final Grading, Building 86 Construction, Trenching, and Concrete Mixing 1 Sound level with all pertinent equipment operating. Source: U.S. Environmental Protection Agency 1971. Environmental Checklist Table 3 -16 shows noise levels that would occur from implementation of the project at the existing sensitive receivers adjacent to the project site. The noise levels shown are calculated from the acoustical center of construction. The acoustical center of construction is the idealized point from which construction could occur. It takes into account the mobility of construction equipment and is derived from multiplying the furthest distance construction equipment could be from a sensitive receiver times the closest distance and then taking the square root of the product. Table 3 -16. Noise Levels from Construction Activities at Closest Sensitive Receivers Construction Activity Noise Levels at Receiver 15outh of Project (dBA Leq) Noise Levels at Receiver 2 East of Project (dBA Leq) Noise Levels at Receiver 3 North of Project (dBA Leq) Noise Levels at Receiver 3 West of Project (dBA Leq) Phase I Excavation and Grading 72 73 72 72 Fine Grading, Building 70 71 70 70 Construction, Trenching, Concrete Mixing, and Asphalt Parking Phase 11 Fine Grading, Building 70 71 70 71 Construction, Trenching, and Concrete Mixing As shown in Table 3 -16, the calculated loudest construction noise level would be during the excavation and grading phase of Phase 1. Construction noise levels would range between 72 -- 73 dBA Leq. These noise levels are higher than the typical ambient daytime noise levels measured at the sensitive receivers to the north, east, and south of the project site. Noise levels of this magnitude would be readily audible and would likely dominate the noise environment in the area during The Academy Charter High School 3 74 June 2012 Initial Study /Mitigated Negative Declaration ICF 00914.11 31 B -152 Clty of Santa Ana Environmental Checklist project construction activities. Construction noise levels would be slightly lower, but similar to the existing noise levels currently experienced at receivers to the west of the project site across Fairview Street, based on noise measurements taken at sensitive receiver ST -1 (69 dBA LeQ). As provided above, the City's noise ordinance exempts construction activities from the noise standard (providing that such activities take place between the hours of 7:00 a.m. to 8 :00 p.m. on weekdays and Saturdays). The construction activities of the proposed project would not exceed the City's permitted construction hours. However, the short -term noise from construction would be loud at times at the nearby noise- sensitive land uses, and although temporary, could be disruptive. Therefore, Mitigation Measure N0I -1, which requires implementation of noise control measures, is provided to reduce construction noise levels to a less -than- significant level. Mitigation Measure NOT -1: To reduce construction noise generated by the proposed project, the City will ensure that the contractor will implement the following measures: • All mobile or fixed noise- producing equipment used on the project that is regulated for noise output by a local, state, or federal agency will comply with such regulation while in the course of project activity. • Electrically powered equipment will be used instead of pneumatic or internal combustion powered equipment, where feasible. • Material stockpiles and mobile equipment staging, parking, and maintenance areas will be located as far as practicable from noise - sensitive receivers. • The use of noise- producing signals, including horns, whistles, alarms, and bells, will be for safety warning purposes only. • The onsite construction supervisor will have the responsibility and authority to receive and resolve noise complaints. A clear appeal process to the City will be established prior to construction commencement that will allow for resolution of noise problems that cannot be immediately solved by the site supervisor. • Construction signs will be posted at the project site identifying a contact name and phone number to register noise complaints. Operation Traffic (Offsite Land Uses) Project - Related Traffic Noise. The project Traffic Impact Analysis (TIA) prepared by Felir & Peers (Appendix C) was used to determine potential traffic impacts from the proposed project. The TIA evaluated operational traffic impacts broken down by phase of the proposed school on the surrounding land uses. Traffic noise levels were analyzed using the FHWA's Traffic Noise Model (TNM). This model analyzes traffic noise based on number of vehicles, traffic mix (automobiles, medium trucks, and heavy trucks), project site geometry with respect to roadways, shielding from structures such as walls or buildings, and other parameters. The most recent version of TNM (version 2.5) was used in this analysis. Using the TIA's estimated peak -hour traffic volumes, TNM calculates noise levels in terms of the peak hour Leq noise level for modeled receivers. To determine the corresponding CNEL, the peak hour noise levels were input into an Excel spreadsheet which models diurnal traffic patterns. Table 3 -17 provides the modeled dBA CNEL noise levels for modeled receivers for existing, existing plus project, Phase I, existing plus project Phase 11, opening year (2013), opening year (2013) plus Phase I, opening year (2019), and opening year (2019) plus Phase If scenarios. ;C r,Lauerny Lna Ile r rngn xnooi June 2012 Initial Study /Mitigated Negative Declaration 3 -75 ICF 00914.11 31 B -153 City of Santa Ana Wintersberg 69 69 0 0 Presbyterian 70 0 Environmental Checklist 0 Table 3 -17. Predicted Off Site Exterior Existing, Opening Year (2013), and Opening Year (2019) 62 Fairview Traffic Noise Levels with and without the Project Street 0 50 ST -2 2229 Cotter 62 62 0 Street � h 2706 50 d Strawberry " � Lane Corner as t � o 0 co 'd M o z ay cay a',z Sidney Street SP -4 DOIG 63 63 0 az Intermediate 0 Z 0 W a �W tn� 19 Z a�i d t°.W a�i W V W nt �'+ W t0 •-. 04 L 7 O H v O� V O tI) u ~O b� -aIS.z q b p.zb A.� q '~Cb �� C Iw Receiver ° o r, a, ° r, a d a " ad � " d Receiver Location s. %"b 0 A X P. Z N — 3 A � .a 9 .a A ST -1 Wintersberg 69 69 0 0 Presbyterian 70 0 62 0 Church 2000 62 0 62 Fairview s0 0 50 Street 0 50 ST -2 2229 Cotter 62 62 0 Street ST -3 2706 50 50 0 Strawberry Lane Corner of Strawberry Lane and Sidney Street SP -4 DOIG 63 63 0 Intermediate School 69 0 69 69 0 70 70 0 62 0 62 62 0 62 62 0 s0 0 50 50 0 50 50 0 63 0 63 63 0 63 63 0 ST -5 Park Glen S9 58 -1 S8 -1 59 58 -1 60 58 -2 Apartment Complex 1811 Fairview Street As shown above in Table 3 -17, the project's traffic noise contribution would result in a zero to -2 dBA traffic increase. The reduction in traffic - related noise at ST -5 would result from the inclusion of project - related structures erected on the project site that would shield traffic noise from Fairview Street. Therefore, offsite noise impacts associated with project - related traffic would be less than significant. Operation Traffic ( Onsite Land Uses) Project- Related Traffic Noise. The project TIA prepared by Fehr & Peers (Appendix C) and the TNM noise model were used to determine potential traffic impacts to onsite portions of the project, as described above for offsite traffic impacts. The proposed project would construct onsite residences and classrooms which could be impacted by traffic noise on Fairview Street. The Academy Charter Nigh School 3-76 June 2012 Initial Study /Mitigated Negative Declaration ICF 00914.11 31 B -154 C €ty of Santa Ana Environmental Checklist Table 3 -18 provides the modeled noise levels for modeled receivers for opening year (2013) plus Phase 1, and opening year (2019) plus Phase Il scenarios for onsite receivers. Existing noise levels were not calculated because there are no existing onsite noise - sensitive receivers in the existing vacant condition. Table 3 -18. Exterior Modeled Noise levels from Fairview Street on Project Facilities Receivers M -1 through M -3 are the proposed residential patio locations that would be developed as part of the project. The residential patio locations are directed toward the central portion of the project site, and will receive noise shielding from the proposed building structures between the patios and Fairview Street. As shown in Table 3 -17, the noise model confirms that the proposed exterior residential uses would not exceed the City's 65 dBA exterior CNEL threshold. As a result, Fairview Street - related traffic noise impacts to the exterior residential areas would be less than significant. However, the building elevations that face Fairview Street will likely exceed the exterior threshold of 65 dBA CNEL, and this will likely cause the interior standard of 45 dBA CNEL to be exceeded. Similarly, Receiver M -4 is the location of Building G that is proposed to be used for classrooms. The modeled noise level at the far ade of the classroom building is approximately 73 dBA CNEL. Because no outside uses are planned at this location on the project site, the 65 dBA CNEL exterior threshold would not apply. However, assuming a 20 dBA insertion loss between exterior and interior environments, the interior noise level within the classrooms would be approximately 53 dBA CNEL, which exceeds the City's General Plan 45 dBA CNEL interior threshold. As a result of this threshold exceedance, Mitigation Measure N01 -2 is included to reduce the interior noise levels to a less -than- significant level. Mitigation Measure N01 -2: All residential and classroom /library units that face Fairview Street will be fitted with acoustically rated windows (minimum Sound Transmission Class rating of 35) to reduce exterior /interior noise transmission. Additionally, any residential doors with a direct exposure to Fairview Street will meet a minimum STC rating of 35 and be fitted with tight seals, and vents and ventilation openings will be designed to ensure that the interior noise levels of the habitable rooms do not exceed 45 dBA CNEL. Operational Noise ( Onsite Uses) Project Site Equipment Noise. The project site is currently vacant and undeveloped, and no noise is generated from its existing condition. As part of the operation of the project, heating, ventilation, I ne Academy Charter High School June 2012 Initial Study /M €tigated Negative Declaration 3 -77 ICF 00914.11 31 B -155 Modeled Opening Modeled Opening Year (2013) plus Year (2019) plus Project Noise Level Project Noise Receiver Receiver Location (dBA CNEL) Level (dBA CNEL) M -1 Building B outside family patio 59 60 M -2 Building A outside family patio 59 59 M -3 Building D outside family patio 55 55 M -4 Building 6 classrooms 73 73 Receivers M -1 through M -3 are the proposed residential patio locations that would be developed as part of the project. The residential patio locations are directed toward the central portion of the project site, and will receive noise shielding from the proposed building structures between the patios and Fairview Street. As shown in Table 3 -17, the noise model confirms that the proposed exterior residential uses would not exceed the City's 65 dBA exterior CNEL threshold. As a result, Fairview Street - related traffic noise impacts to the exterior residential areas would be less than significant. However, the building elevations that face Fairview Street will likely exceed the exterior threshold of 65 dBA CNEL, and this will likely cause the interior standard of 45 dBA CNEL to be exceeded. Similarly, Receiver M -4 is the location of Building G that is proposed to be used for classrooms. The modeled noise level at the far ade of the classroom building is approximately 73 dBA CNEL. Because no outside uses are planned at this location on the project site, the 65 dBA CNEL exterior threshold would not apply. However, assuming a 20 dBA insertion loss between exterior and interior environments, the interior noise level within the classrooms would be approximately 53 dBA CNEL, which exceeds the City's General Plan 45 dBA CNEL interior threshold. As a result of this threshold exceedance, Mitigation Measure N01 -2 is included to reduce the interior noise levels to a less -than- significant level. Mitigation Measure N01 -2: All residential and classroom /library units that face Fairview Street will be fitted with acoustically rated windows (minimum Sound Transmission Class rating of 35) to reduce exterior /interior noise transmission. Additionally, any residential doors with a direct exposure to Fairview Street will meet a minimum STC rating of 35 and be fitted with tight seals, and vents and ventilation openings will be designed to ensure that the interior noise levels of the habitable rooms do not exceed 45 dBA CNEL. Operational Noise ( Onsite Uses) Project Site Equipment Noise. The project site is currently vacant and undeveloped, and no noise is generated from its existing condition. As part of the operation of the project, heating, ventilation, I ne Academy Charter High School June 2012 Initial Study /M €tigated Negative Declaration 3 -77 ICF 00914.11 31 B -155 City of Santa Ana Environmental Checklist and air conditioning (HVAC) equipment would be used to ensure that the interior spaces of the facility are comfortable for the occupants. The closest existing noise - sensitive land uses are the multi- family residential residences located to the south of the project site and the medical facility located to the north of the project site. HVAC units are expected to be located on the roof structures throughout the project site. HVAC units could be located as close as 100 feet from the closest existing noise- sensitive land use, The specific manufacturer and model of tile HVAC units have not yet been determined. However, these units will be selected with the relevant City and building standards as part of the performance specifications (i.e., acoustically engineered and tested by the manufacturer to ensure that the noise standards would not be exceeded). In addition, the direct view of the HVAC units will be screened by solid rooftop parapets (low walls), which would also provide effective acoustical as well as visual screening. As a result, noise from the project's HVAC equipment would be a less- than - significant impact. Parking Lot Activity Noise. Parking lot activity will contribute to onsite ambient noise levels through conversations, vehicle engines, car alarms, and doors slamming. The parking facilities will be located on the perimeter of the project site, as shown on Figure 2 -5, which is bound by an existing 6 -Foot wall that will remain. The existing wall will hinder the parking lot noise from traveling to the adjacent sensitive land uses. In addition, parking lot noise is short -term in duration. As a result, noise related to operation of the parking facilities is less than significant. Onsite Stationary Noise. Stationary onsite noise associated with the project will also include basketball courts that will be outside in the location of Building F during operation of Phase I of the project, The gymnasium (Building F) will be constructed during Phase It of the project. Noise from typical school basketball court activities are estimated to be 60 dBA Leq at a distance of 50 feet (ESA 2005)5. The closest sensitive receiver is approximately 150 feet from the basketball courts and will be screened visually and acoustically by the existing 6- foot -high concrete block wall. A noise level of 60 dBA would attenuate to 51 dBA Leq at a distance of 150 feet provided the receiver had direct line of site, which would be below the City's daytime (7:00 a.m. to 10:00 p.m.) noise standard for stationary sources. However, with the inclusion of a 6- foot -high block wall, noise levels would be further reduced a minimum of 5 decibels, to approximately 46 dBA Leq. Therefore, noise from the proposed basketball court will result in less- than - significant impacts. b. Exposure of persons to orgeneration of excessivegroundborne vibration orgr-oundborne noise levels? Less - than - Significant Impact. The Federal Transit Administration (FTA) has compiled typical vibration levels generated by construction equipment, which are commonly used as a reference for construction vibration level analysis. The vibration levels produced by construction equipment are outlined in Table 3 -19. Vibration levels from construction equipment attenuate as they radiate from the source. The equation to determine vibration levels at a specific distance states that PPVeQ„ tp = PPV,f x (25/D) ^1.5 where PPVrefis the Peak Particle Velocity at a reference distance of 25 feet, and D is the distance from the equipment to the sensitive receptor (Jones & Stokes 2004). 5 Environmental Science Associates. 2005, Noise Monitoring. January 18. The Academy Charter High School 3 78 June 2012 Initial Study /Mitlgated Negative Declaration tCf 00914.11 City of Santa Ana Environmental Checklist Groundborne vibration typically decreases rapidly with distance. Based on the FTA data (Table 3- 19), vibration velocities from typical heavy construction equipment operation that would be used during project construction range from 0.076 to 0.089 inches per second peak particle velocity (PPV) at 25 feet from the source of activity. At 50 feet from the source activity (closest sensitive receiver ST -5), PPV ranges from 0.027 to 0.032 inch per second. Because neither the state nor the local municipalities maintain regulatory standards for vibration sources, potential structural damage and human annoyance associated with vibration from construction activities were evaluated against California Department of Transportation (Caltrans) vibration limits (Table 3 -20). A vibration level of 0.10 inches per second PPV was used to evaluate impacts on nearby receivers because this level represents the boundary between barely perceptible and distinctly perceptible vibration as recognized by Caltrans and others. Because the predicted vibration levels from project construction would be well below applicable vibration thresholds, impacts from groundborne vibration or groundborne noise would be less than significant. Table 3 -19. Typical Vibration Levels for Construction Equipment Approximate peak particle Approximate peak particle velocity at 25 feet velocity at 50 feet Equipment (inches /second) (inches /second) Large bulldozer 0.089 0.032 Loaded trucks 0.076 0.027 Notes: Peak particle velocity measured at 25 feet unless noted otherwise. Root mean square amplitude ground velocity in decibels (VdB) referenced to 1 micro- inch/second. Source: Federal Transit Administration, Transit Noise and Vibration Impact Assessment Guidelines, May 2006. Table 3 -20. Reaction of People and Damage to Buildings at Various Continuous Vibration Levels Peak Particle Velocity (PPV) (in /sec) Human Reaction Effect on Buildings 0.006 -0.019 Threshold of perception; possibility of Vibrations unlikely to cause damage of intrusion. any type. 0.08 Vibrations readily perceptible. 0.10 Level at which continuous vibrations begin to annoy people. 0.20 Vibrations annoying to people in buildings (this agrees with the levels established for people standing on bridges and subjected to relative short periods of vibration). Recommended upper level of the vibration to which ruins and ancient monuments should be subjected. Virtually no risk of "architectural" damage to normal buildings. Threshold at which there is a risk of "architectural' damage to normal dwelling - houses with plastered wails and ceilings; special types of finish such as lining of walls, flexible ceiling treatment, etc., would minimize "architectural" damage. The Academy Charter High School 3 79 June 2012 Initial Study /Mitigated Negative Declaration ICF00914.11 31 B -157 City of Santa Ana Environmental Checklist Peale Particle Velocity (PPV) (in /sec) Human Reaction Effect on Buildings 0.4 -0.6 Vibrations considered unpleasant by Vibrations at a greater level than people subjected to continuous. normally expected from traffic, but vibrations and unacceptable to some would cause "architectural" damage and _ people walking on bridges. possibly minor structural damage. Source: California Department of Transportation, Transportation- and Construction- Induced Vibration Guidance Manual, 2004. c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less - than - Significant Impact. As described in XILa, the proposed project would result in an increase in traffic along the local roadway system and increases in noise related to project - related HVAC equipment and exterior activities, such as parking lot and basketball court noise. As described previously, the anticipated noise increase from these onsite noise sources would be minimal and would not result in a significant increase in ambient noise levels. As a result, impacts are less than significant. d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less - than - Significant Impact with Mitigation Incorporated. As described in XILa, construction - related activities and equipment used during construction of the proposed project would result in a temporary or periodic increase in ambient noise levels above existing levels. The City's municipal code exempts construction related noise provided that it occurs between the hours of 7:00 a.m. to 8:00 p.m. on weekdays and Saturday. However, the short -term noise from construction would be loud at times at the nearby noise- sensitive land uses and could be disruptive. Therefore, Mitigation Measure N01 -1, which implements noise control measures, is provided to reduce construction noise levels to a less- than - significant level. The proposed project would include new HVAC units, parking areas, and outdoor basketball courts during operation of Phase 1, which would produce periodic increases in noise at sensitive receivers surrounding the project site. The HVAC units would be acoustically engineered by the manufacturer to ensure that the City's noise standards would not be exceeded. The noise generated from the parking area located around the perimeter of the project site and the noise generated by the outside basketball courts will be buffered by the existing 6 -foot wall that bounds the project site. In addition, these noise sources would not exceed the City noise thresholds. Therefore, operational noise impacts would be less than significant. e. For a project located within an airport land use land use plan or, where such a plan has not been adopted, within 2 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 Impact. John Wayne Airport is located about 8 miles to the southeast of the project site, and the Fullerton Municipal Airport is located approximately 11 miles to the northwest (Google Earth 2012) The project site is not located within any airport land use plan and not within 2 miles of any public or private airport or airstrip. As a result, the proposed project site will not receive airport - related The Academy Charter High School 3 So June 2012 Initial Study /Mitigated Negative Declaration ICFOO914.11 •�, City of Santa Ana Environmental Checklist noises, and the project would not expose people residing or working within 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? No Impact. The proposed project is not within the vicinity of a private airstrip. No impact would occur. i ne AOC[emy charter High school 3 $1 tune 2012 Initial Study /Mitigated Negative Declaration Iff 00914.11 � � J City of Santa Ana Environmental Checklist Less -than- Significant Potentially Impact with Less -than- Significant Mitigation Significant No XIII. Population and Housing Impact Incorporated Impact Impact Would the project: a. Induce substantial population growth in an ❑ ❑ ® ❑ area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through extension of roads or other infrastructure)? b. Displace a substantial number of existing ❑ ❑ ❑ housing units, necessitating the construction of replacement housing elsewhere? c. Displace a substantial number of people, ❑ ❑ ❑ necessitating the construction of replacement housing elsewhere? Discussion Would the project: a Induce substantial population growth in an area, eitherdirectly (e.g., by proposing new homes and businesses) or indirectly (e.g, through extension of roads or other infrastructure? Less - than - Significant Impact. The Orangewood Children's Foundation has identified a long -term need for special educational programs for Orange County foster youth and educationally at -risk students to help them graduate high school. The proposed project is focused on meeting the needs of these foster youth and educationally at -risk students in grades 9 -12. The proposed project would construct a residential charter high school that would consist of three education buildings, three residential buildings, and one administrative /library building. In its first year of operation, the proposed project is planned to serve approximately 80 students in grade nine. Each subsequent year, an additional 80 9th grade students would be added until total enrollment in Phase I reaches 320 students. Phase 11 facilities could accommodate an additional 130 daytime students over the facilities planned for Phase 1. At full enrollment, the proposed project would enroll approximately 450 students originating from Orange County communities, 80 of which would reside in onsite housing. The proposed residential buildings will provide housing for foster youth that reside within Orange County. Each floor of the three Family Unit Buildings (e.g., Buildings A, B, and D) would include five student bedrooms (accommodating 10 students), a guardian suite, a kitchen, dining room, living room, laundry, and a social worker resident office. The housing provided by the project would not increase the overall number of housing units in the City because the project would only provide group housing for eligible minors that are students at the school. The project will not develop single - or multi- family residential units. Additionally, the proposed project would not induce substantial population growth because the 80 students that will reside onsite are current residents within Orange County. The project is focused on Orange County fosteryouth and would not introduce families or students to the area from outside of Orange County. The Academy Charter High School 3 82 June 2012 Initial Study /Mitigated Negative Declaration ICF00914.11 l = 0C City of Santa Ana Environmental Checklist Furthermore, the proposed project would employ approximately 72 staff at full operational capacity of Phase II. Key personnel include 41 educational staff for Phase 1, 7 additional education staff for Phase 11,15 non - education staff, and 9 residential program staff to provide 24 -hour supervision in the residences. Additionally, the proposed project would hire a local security company to perform periodic nighttime patrols and monitor the onsite security system. Because the unemployment rate within Orange County is substantial -9.0% in December 2010 and 7.8% in December 20116 — employees are expected to come from the surrounding community. The need for employees to be relocated from distant areas is not anticipated. Therefore, the project would not necessitate the need for construction of new housing or result in inducing substantial population growth. Furthermore, the proposed project would be constructed on a vacant lot surrounded by existing development and served by existing infrastructure. No roads or infrastructure would be extended to serve the proposed project. As such, impacts would not be considered substantially growth - inducing either directly or indirectly, and impacts are less than significant. b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. The proposed project is located on a vacant lot void of any existing development. As such, the proposed project would not displace any existing housing and would not result in the construction of replacement housing elsewhere. No impact would occur. c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. As stated in XIII.b, the proposed project would not displace existing housing. The proposed project would not displace any people and would not require the construction of replacement housing elsewhere. No impact would occur. 6 Source: State of California Employment Development Department, January 20, 2012. http://www.calmis.ca.gov/file/ifmontli/oran$pds.pdf The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 3 -83 1CF00914.11 31 B -161 City of Santa Ana Environmental Checklist XIV. Public Services Potentially Significant Impact Less -than- Significant Impact with Mitigation Incorporated Less -than- Significant Impact No impact Would the project: a. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities or a 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 following public services: 1. Fire protection? ❑ ❑ ® ❑ 2. Police protection? ❑ ❑ ® ❑ 3. Schools? ❑ ❑ ❑ IK 4. Parks? ❑ ❑ ❑ S. Other public facilities? ❑ ❑ ❑ Discussion Would the project result in substantial adverse physical impacts associated with: a1. Fire protection? Less - than - Significant Impact. Fire protection services within the proposed project area are provided by the Orange County Fire Authority (OCFA). Fire Stations Nos. 1 and 8 would be the primary responders to the project site; however, other fire stations would also respond in the event that additional support is needed. Fire Station #1 is the nearest station to the proposed project site, located about 1.8 miles east of the project site at 1029 W. 17th Street, and currently contains a staff of two captains, two engineers, two firefighters, and two paramedics at each shift. Current equipment at Station #1 includes one engine, one squad, and one medic van. Fire Station #8, which also would be a primary responder to the project site in the event of an emergency, is located at 501 N. Newhope, about 2.4 miles southwest of the project site. This station maintains a staff of one captain, one engineer, one firefighter, and two paramedics. Station #8 is classified as a station equipped to respond to structure fire emergencies and medical aids with one engine and one medic unit. Current response times to the project area are estimated at 5 minutes or less from the time a call is placed until the first responder arrives at the emergency, which meets the emergency service goal (Smith pers. comm.). The City's existing personnel -to- population ratio is 1.1 firefighters per 1,000 population. As a result of the project's proximity to existing fire stations and the existing service level provided by the fire department, the proposed project would receive sufficient OCFA service in the event of an emergency, and impacts related to fire protection services and facilities would be less than significant. The Academy Charter High School 3-84 Jane 2012 Initial Study /Mitigated Negative Declaration ICF 00914.11 City of Santa Ana Environmental Checklist In conversation with OCFA analyst Lori Smith (January 10, 2012), existing fire hydrant flow adjacent to the project site is adequate to serve the proposed project, and the needed fire hydrant flow to serve the proposed project would be less than the maximum allowed, which is 5,500 gallons /minute. In addition, fire facility fees pursuant to City Municipal Code (Resolution No. 6461) would be assessed prior to commencement of the project. The proposed project is also required to meet all access, water, and fire protection systems per the California Building Code and Fire Code, as well as all other applicable City Municipal Codes, which would reduce potential fire - related impacts of the project. As such, the proposed project would have a less - than - significant impact on fire services. a2. Police protection? Less - than - Significant Impact. Law enforcement services are provided by the City of Santa Ana Police Department (SAPD), headquartered at 60 Civic Center Plaza in Santa Ana, about 3 miles southeast of the project site. The SAPD provides police protection within four districts: Northeast, Southcoast, Southeast, and Westend. The project site is located within the Westend District. Current response times for police services in the City average 6.20 minutes for emergency calls (McCoy pers. comm.), As the main police building at 60 Civic Center Plaza is approximately 3 miles from the site, it provides the primary police protection services to the project area. As of January 2012, the SAPD had 337 police officers (McCoy pens, comm.). With a current population of approximately 324,528, the City's current officer -to- population ratio is 1.08 officers per 1,000 population, which is considered an acceptable SAPD ratio. In addition, average SAPD response times range from 6.20 to 26.12 minutes (McCoy pers. comm.). The proposed project would result in the addition of approximately 450 students, 80 of which would reside on the project site at full occupancy in Phase II. These additional students and residents are not expected to substantially affect the level of police protection and response times of the SAPD. Furthermore, as part of project review by the SAPD, the project would be required to comply with the City's Building Security Ordinance, CPTED (Crime Prevention Through Environmental Design) principles, and the National Infrastructure Protection Plan guidelines to the satisfaction of the SAPD, which would prevent criminal activity (McCoy pers. comm.). Additionally, the proposed project would implement a security plan focusing on three specific areas of security. These include a security camera system, an access control system, and intrusion detection /perimeter alarms. Appropriate security signage would also be present throughout the campus. The security camera system would provide full coverage both inside and outside of the campus buildings with the exception of inside the family unit residences. The focus of the cameras would be campus entry points, student gathering areas, classrooms, and some administrative support areas. Classroom and administrative buildings and the family unit residences would have exterior cameras around the perimeter with a focus on entrances. The classroom and administrative buildings will have some interior cameras in hallways, classrooms, lunch rooms, gymnasiums, student gathering areas, and select areas with direct student /staff interaction such as registration offices. Outdoor cameras will fill the gaps that building cameras do not cover, focusing on- campus vehicular and pedestrian points, public areas on campus, loading docks, and perimeter fencing. One security station would be built where camera footage may be viewed with monitors positioned so they are out of the general public's view. A campus -wide access control (key fob) system would be used to control access to all doors or gates on the campus. Key fobs will be individually programmed to each employee and student, allowing The Academy Charter High School 12 3 85 June 20 Initial Study /Mitigated Negative Declaration IcF ooB201 l : *6 1, City of Santa Ana Environmental Checklist them access to specific buildings and classrooms based on their employee responsibilities or student status. The access control system will be integrated into the camera system so in the event of an alarm on the access control system, such as when a locked door is forced open, a camera monitoring that door would appear on the security station monitor to alert administrators. The ability to perform a lock -down of the campus or an individual building in the event of an emergency will be a requirement of the system. Most buildings will contain intrusion detection systems. This system will be monitored by a contracted security company who will also be responsible for periodic nighttime patrols. A perimeter alarm system would also be installed to alert security personnel if someone has crossed a security boundary such as a fence or a wall. in summary, the proposed project would comply with City principles and SAPD guidelines, as well as implernent a project - specific safety and security plan. As a result, the proposed project would not result in substantial adverse physical impacts associated with the provision of 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 police protection services. Therefore, the proposed project would have a less- than - significant impact on police protection services. a3. Schools? No Impact. The proposed project would not result in adverse impacts to schools. The Orangewood Children's Foundation has identified a long -term need for special educational programs for Orange County foster children and educationally at -risk high school students. To meet this need the proposed project would construct a residential charter high school that would consist of four education buildings, three residential buildings, and one adrninistrative support building to accommodate 450 students (at full occupancy of Phase 11), 80 of which would reside onsite. As discussed in Section X111, "Population and Housing," the proposed project would not stimulate population growth. As a result, the proposed project would have no adverse impact on schools. In contrast, the proposed project could have a beneficial impact on school services by providing additional capacity for high school students. Therefore, no impact would occur. a4. Parks? No Impact. The proposed project would not result in adverse impacts to parks. Physical impacts to parks are usually associated with population in- migration and growth, which increase the demand for public services and facilities. As discussed in Section X111, "Population and Housing," the proposed project would not increase the local population. Furthermore, as part of the proposed project, a gymnasium, theater, and fitness area would be constructed for use by the project. Therefore, the proposed project would not result in an increased demand requiring the need for new or physically altered parks and no impact would occur. a5. Other public facilities? No Impact. The proposed project would not result in adverse impacts to other public facilities. As discussed above, physical impacts to public services are usually associated with population in- migration and growth, which increase the demand for public services and facilities. As discussed in Section XiI1, "Population and Housing," the proposed project would not increase the local population. Furthermore, as part of the proposed project, a gymnasium, theater, and fitness area would be constructed for community use. Therefore, the proposed project would not result in an The Academy Charter High School 3-86 June 2012 Initial Study /Mitigated Negative Declaration ICF00914.11 MWNITO City of Santa Ana Environmental Checklist increased demand requiring the need for new or physically altered public facilities and no impact would occur. The Academy Charter High School 01 22 Initial Study /Mitigated Negative Declaration ICF 3_87 June ne 2 12 31 B -165 City of Santa Ana Environmental Checklist Discussion Would the project: a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of thefacility would occur or be accelerated? Less - than - Significant Impact. The City of Santa Ana Parks, Recreation, and Community Services Agency provides about 322 acres of parkland within 35 city parks, which is equivalent to nearly an acre of parkland per 1,000 residents. City parks range from 0.1 acre to 23 acres in size. The City also includes four joint -use parks and 19 recreational facilities available to the public. Four of the City's 35 parks are located within 1 mile of the proposed project site, including Edna Park (2 acres), Cesar Chavez Campesino Park (6.4 acres), Spurgeon Park (2.1 acres), and El Salvador Park (11 acres). An increase in the use of existing parks and recreational facilities typically results from an increase in housing or population in an area. The proposed project would develop a residential charter high school that would consist of four education buildings, three residential buildings, and one administrative support building to accommodate 450 students (at maximum occupancy of Phase 11), 80 of which would reside onsite. These students are current members of the community; thus an increase in population using the existing community recreation facilities would not occur. As provided in the project description, the proposed project includes a gymnasium, theater, and fitness area for onsite recreational uses. Because students and residents of the project would use the onsite recreation facilities, the project is not anticipated to increase the use of existing recreation facilities such that substantial physical deterioration of recreation facilities would occur, nor would the project require construction of new recreation facilities. Thus, impacts to recreation are less than significant. h. Include recreational facillties or require the construction of or expansion of recreational facilities that ►night have an adverse physical effect on the environment? Less- than - Significant Impact. The proposed project would include the development of a gymnasium, theater, and a fitness center, which would be constructed as part of the proposed residential charter high school. The impacts of development of the proposed recreation amenities are part of the impacts of the proposed project as a whole, which are analyzed throughout the various sections of this MND. For example, activities such as excavation, grading, and construction The Academy Charter High School 3-88 June 2012 Initial Study /Mitigated Negative Declaration ICF 00914.11 Less -than- Significant Potentially Impactwith Less -than- Significant Mitigation Significant No XV. Recreation Impact Incorporated Impact Impact Would the project: a. 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. Include recreational facilities or require the ❑ ❑ ® ❑ construction or expansion of recreational facilities that might have an adverse physical effect on the environment? Discussion Would the project: a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of thefacility would occur or be accelerated? Less - than - Significant Impact. The City of Santa Ana Parks, Recreation, and Community Services Agency provides about 322 acres of parkland within 35 city parks, which is equivalent to nearly an acre of parkland per 1,000 residents. City parks range from 0.1 acre to 23 acres in size. The City also includes four joint -use parks and 19 recreational facilities available to the public. Four of the City's 35 parks are located within 1 mile of the proposed project site, including Edna Park (2 acres), Cesar Chavez Campesino Park (6.4 acres), Spurgeon Park (2.1 acres), and El Salvador Park (11 acres). An increase in the use of existing parks and recreational facilities typically results from an increase in housing or population in an area. The proposed project would develop a residential charter high school that would consist of four education buildings, three residential buildings, and one administrative support building to accommodate 450 students (at maximum occupancy of Phase 11), 80 of which would reside onsite. These students are current members of the community; thus an increase in population using the existing community recreation facilities would not occur. As provided in the project description, the proposed project includes a gymnasium, theater, and fitness area for onsite recreational uses. Because students and residents of the project would use the onsite recreation facilities, the project is not anticipated to increase the use of existing recreation facilities such that substantial physical deterioration of recreation facilities would occur, nor would the project require construction of new recreation facilities. Thus, impacts to recreation are less than significant. h. Include recreational facillties or require the construction of or expansion of recreational facilities that ►night have an adverse physical effect on the environment? Less- than - Significant Impact. The proposed project would include the development of a gymnasium, theater, and a fitness center, which would be constructed as part of the proposed residential charter high school. The impacts of development of the proposed recreation amenities are part of the impacts of the proposed project as a whole, which are analyzed throughout the various sections of this MND. For example, activities such as excavation, grading, and construction The Academy Charter High School 3-88 June 2012 Initial Study /Mitigated Negative Declaration ICF 00914.11 City of Santa Ana Environmental Checklist would result in impacts that are analyzed in the following sections of this MND including Section III, "Air Quality;" Section VII, "Greenhouse Gas Emissions;" Section XII, "Noise;" and Section XVI, "Transportation and Traffic." Development of the aforementioned recreation amenities would not have significant impacts other than those identified in other sections of this MND. The proposed project would not require the construction or expansion of other recreational facilities that might have an adverse physical effect on the environment. As a result, impacts related to recreation are less than significant. The Academy Charter High School Initial Study /Mitigated Negative Declaration 3-89 ItK 00914 June e 2(1 2012 11 31 B -167 City of Santa Ana Environmental Checklist Less -than- Significant Potentially Impact with Less -than- Significant Mitigation Significant No XVI. Transportation /Traffic Impact Incorporated Impact Impact Would the project: a. Conflict with an applicable plan, ordinance or ❑ ® ❑ ❑ policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and Freeways, pedestrian and bicycle paths, and mass transit? b. Conflict with an applicable congestion ❑ ❑ ❑ management program, including, but not limited to level of service standards and travel demand measures, or other standards 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 because of a ❑ ❑ ® ❑ design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? ❑ ❑ ® ❑ f. Conflict with adopted policies, plans, or ❑ ❑ ❑ programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Discussion Would the project: a. Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the pen formance of the circulation system, taking into account all modes of transportation including mass transit and non- motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Less - than - Significant Impactwith Mitigation Incorporated. The following analysis is based on a project - specific Traffic Impact Analysis (TIA) prepared by Fehr and Peers (included as Appendix C). The TIA includes an evaluation of roadways and intersections that would serve the project within the City of Santa Ana. The TIA evaluates the existing operating traffic conditions in 2012 (baseline The Academy Charter High School 3-90 June 2012 Initial Study /Mitigated Negative Declaration ICf 00914.11 li : 0 00� City of Santa Ana Environmental Checklist conditions), and projected operating traffic conditions with Phase I and Phase II of the project. The TIA also evaluates operating conditions with the project in the near -term for Phase 1(2013), the near -term for Phase 11(2019), and the long -term (2035). Year 2013, 2019, and 2035 traffic impacts are discussed in the cumulative impact analysis in Section XVII, "Mandatory Findings of Significance" and assume annual growth rate factors in the near -term and forecasted traffic conditions from the Orange County Transportation Analysis Model (OCTAM) in the long -term. A description of impacts related to project construction, operation, and parking is provided below. Construction impacts Construction activities are expected to occur within both phases of the project. Construction activities in Phase I would occur for 13 months and for 12 months in Phase 11. Both Phases are expected to generate a short -term, temporary increase in construction related traffic. The estimated number of daily truck trips and number of construction workers needed for construction of the project is provided in Table 2 -3. However, Mitigation Measure AQ -1 limits the number of truck trips per day to 90 trips during the 4 -day excavation and export of soils effort. While specific impacts are not quantified for the project, the number of ADT and peak hour trips associated with project construction would be less than the estimated 463 ADT from operation of Phase I. However, potential morning and afternoon traffic delays related to construction vehicles and could create a temporary /short -term impact to roadways adjacent to the project site. As such, implementation of a construction management plan as described in Mitigation Measure TR -1 would be required to reduce short -term construction traffic impacts to a less - than - significant level. Mitigation Measure TR -1: Prior to issuance of construction permits, the project applicant will develop a Construction Management Plan to be approved by the City of Santa Ana Traffic Engineering Division that will include the following measures: • Designate traffic control for any street closure, detour, or other disruption to traffic circulation. • Identify the routes that construction vehicles will utilize for the delivery of construction materials (i.e., lumber, tiles, piping, windows), site access, traffic controls and detours, and proposed construction phasing plan for the project. • Specify the hours during which transport activities can occur and methods to mitigate construction- related impacts to adjacent streets. • Require the contractor to keep all haul routes clean and free of debris including, but not limited to, gravel and dirt as a result of its operations. The applicant will clean adjacent streets, as directed by the City Traffic Engineering Division, of any material which may have been spilled, tracked, or blown onto adjacent sheets or areas. • Allow hauling or transport of oversize loads between the hours of 9:00 a.m. and 3:00 p.m., only, Monday through Friday, unless approved otherwise by the City Traffic Engineering Division. No hauling or transport will be allowed during nighttime hours, weekends, or federal holidays. Operational Impacts The TIA evaluated the operational impacts for each of the project's two phases and compared the increase to existing baseline conditions as they occurred in January 2012. As such, project traffic generation was developed for each phase, with the second phase including traffic generated by the first phase. The project trip generation was estimated using ITE Land Use 530: High School trip rates and land Use 221: Low -Rise Apartment trip rates, which provides a generation factor of 1.71 and The Academy Charter High School 12 Initial Study /Mitigated Negative Declaration 3-91 June 20 iCF 009202 J City of Santa Ana Environmental Checklist 6.59 trips per unit per day, respectively. As shown in Table 3 -21 below, operation of Phase I with 320 students, 80 residents, and eight housing units would generate approximately 463 daily trips with 104 (69 inbound, 35 outbound) occurring during the AM peak hour and 37 trips (17 inbound, 20 outbound) during the PM peak horn'. Operation of Phase II would generate approximately 223 additional daily trips with 55 (38 inbound, 18 outbound) occurring during the AM peak hour and 17 trips (eight inbound, nine outbound) occurring during the PM peak hour. Table 3 -21. Project Traffic Generation Forecast ITE Land Use Code / AM Peak Hour PM Peak Hour Project Description ADT In Out Total In Out Total Generation Factors 530: High School 1.71 0.68 0.32 0.42 0.47 0.53 0.13 221: Low Rise Apartment 6.59 0.21 0.79 0.46 0.35 0.65 0.58 Phase I Generation Forecast: Academy Charter High School 547 91 43 134 20 22 42 (320 Students) Academy Charter High School -137 -23 -11 -34 -5 -5 -10 (80 Residents) On- Campus Housing 53 1 3 4 2 3 5 (8 Housing Units) ' Phase I Subtotal 463 69 35 104 17 20 37 Phase II Generation Forecast: Academy Charter High School (450 Students) 770 129 60 189 28 31 59 Academy Charter High School -137 -23 -11 -34 -5 -5 -10 (80 Residents) On- Campus Housing 53 1 3 4 2 3 5 (8 Housing Units) PROJECTTOTAL 686 107 53 159 25 29 54 Source: Fehr & Peers, 2012. The traffic distribution patterns for the project related trips traveling to and from the project site have been identified based on the site's proximity to the existing roadways, existing traffic now patterns, ingress /egress of the project site and adjacent area, and existing and future turn restrictions. The project trip distribution methodology is provided on page 23 of the TIA (Appendix C). The analysis below provides current operating conditions for intersections within the vicinity of the proposed project and includes a projection of their operating conditions for each phase. Intersections All five study area intersections are located within the City of Santa Ana, which maintains an acceptable level of service (LOS) standard of D or better for signalized intersections. While the City of Santa Ana also permits LOS E or better for intersections within "major development areas," the proposed project is not located within a "major development area" and project area intersection and The Academy Charter High School 3-92 June 2012 Initial Study /Mitigated Negative Declaration ICF00914.11 31 B -170 City of Santa Ana Environmental Checklist roadways must maintain an LOS D or better to comply with the City of Santa Ana General Plan, Circulation Element Measure M. The City of Santa Ana does not maintain standards for unsignalized intersection operations; however, acceptable conditions, per the HCM Unsignalized methodology, include LOS C or better. The study area intersections analyzed in the TIA are shown in Figure 3 -9. Existing intersection operations were determined by using the Intersection Capacity Utilization (ICU) methodology for signalized intersections and the Highway Capacity Manual 2000 (HCM 2000) for unsignalized intersections. As shown in Table 3 -22, existing signalized intersection operations within the study area operate at acceptable conditions (LOS D or better) during the AM and PM peak hour, except for the intersection of Fairview Street at 17th Street /Westminster Avenue in the PM peak hour, which operates at LOS E. The City determines that a significant impact occurs at an unsignalized intersection when both the worst -case movement delay causes the intersection to operate at LOS E or worse, and the intersection meets a peak hour traffic signal warrant. In the existing condition, all of the unsignalized intersections operate at LOS F under worst -case conditions, as shown in Table 3 -22. Table 3 -22. Existing Peak Hour Intersection Capacity Analysis Key Intersection Minimum Acceptable LOS Control Type Peak Hour V/C or Delay (seconds)3 LOS4 Fairview Street at D Traffic Signal AM 0.667 B Trask Avenue' PM 0.661 B Fairview Sheet at C Side - Street Stop AM >50.0 (4.4) F (A) Edna Drivel PM >50.0 (10.1) F (B) Fairview Street at C Side - Street Stop AM >50.0 (0.7) F (A) Huckleberry Roadz PM >50.0 (0.6) F (A) Fairview Street at C Side - Street Stop AM >50.0 (0.7) F (A) Strawberry Lane2 PM >50.0 (1.2) F (A) Fairview Street at D Traffic Signal AM 0.693 B 17th Street /Westminster PM 0.904 E Avenue' Notes: I. Signalized Intersection. V/C for intersections based on application of intersection Capacity Utilization methodology using Traffix software. V/C = Volume / Capacity Ratio. 2. Side - street stop - controlled intersection. Worst case movement delay and average delay for intersections based on application of 2000 HCM Unsignalized methodology. Delay, In seconds, was calculated using Traffix software. 3. V/C is reported for signalized intersections. Worst case movement delay followed by average intersection delay 1n parentheses is reported for unsignalized intersections. 4. LOS based on V/C reported for signalized intersections. LOS for worst case movement delay followed by LOS for average intersection delay in parentheses is reported for unsignalized intersections. Source: Fehr & Peers, TrafJrc Impact Analysfs, 2012, The traffic impacts of the proposed project during the AM and PM peak hours were evaluated in the TIA based on the existing plus project traffic conditions at the five study area intersections for both project phases. Table 3 -23 shows the changes in the performance of the intersections during each project phase compared to existing conditions. As shown, both signalized and unsignalized intersections within the study area would continue to operate at acceptable levels with operation of both phases of the proposed project in the near -term. The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 3 -93 ICF 00914.11 31 B -171 City of Santa Ana Environmental Checklist Under both Phase I and Phase 11, the signalized intersections would continue to operate at LOS D or better during the AM and PM peak hour, with exception of the intersection of Fairview Street at 17th Street /Westminster Avenue, which currently operates at an unacceptable LOS E in the PM peak hour. The addition of project traffic at this intersection would result in an increase in V/C during the PM peak hour by 0.004 and 0.006 under Phase I and Phase II conditions, respectively. Because the City considers an impact to be significant if an intersection currently operating at LOS E or F and would experience an increase in V/C of 0.010 or greater, impacts associated with an increase of 0.004 and 0.006 V/C at the intersection of Fairview Street at 17th Street /Westminster Avenue under Phase I and Phase 11, respectively, would be less than significant. As such, impacts related to operation of the proposed project (existing plus project conditions during Phase I and Phase 11) would be less than significant and no mitigation is required. The Academy Charter High School 3-94 June 2012 Initial Study /Mitigated Negative Declaration ICF0091411 31 B -172 Source: Fehr +Peers F-] 31 B -173 Figure 3 -9 Traffic Study Area Intersections The Academy, City of Santa Ana Bolivar cir LEGEND O Study Intersection � Drivevrey Project Site 1, \( TreskAve `N) Not to Scale b Edna Di Huckleberry Rd Suewbenyln 4r F W*%tM1nA*rAve W17thit W 16th St Source: Fehr +Peers F-] 31 B -173 Figure 3 -9 Traffic Study Area Intersections The Academy, City of Santa Ana 31 B -174 City of Santa Ana Environmental Checklist Table 3 -23. Existing Plus Project (Phases I and II) - Peak Hour Intersection Capacity Analysis Fairview Street at C AM >50.0 (0.7) F (A) Existing Plus F (A) Significant No Huckleberry Roadz Existing >50.0 (0.6) Project >50.0 (0.6) Impact 0 No Minimum C V/C or >50.0 (0.7) V/C or >50.0 (0.7) F (A) 0 No Acceptable Peak Delay >50.0 (1.2) Delay >50.0 (1.2) F (A) Yes/ Key Intersection LOS Hour (seconds)3 LOS4 (seconds)3 LOS4 A No Phase I 17th Street/ PM 0.904 E 0.908 E 0.004 Fairview Street at D AM 0.667 B 0.673 B 0.006 No Trask Avenue' Phase It PM 0.661 B 0.664 B 0.003 No Fairview Street at C AM >50.0 (4.4) F (A) >50.0 (5.5) F (A) 1.1 No Edna Driven Trask Avenue' PM >50.0 (10.1) F (g) >50.0 (11.1) F (B) 1.0 No Fairview Street at C AM >50.0 (0.7) F (A) >50.0 (0.7) F (A) 0 No Huckleberry Roadz PM >50.0 (0.6) F (A) >50.0 (0.6) F (A) 0 No Fairview Street at C AM >50.0 (0.7) F (A) >50.0 (0.7) F (A) 0 No Strawberry Lane2 PM >50.0 (1.2) F (A) >50.0 (1.2) F (A) 0 No Fairview Street at D AM 0.693 B 0.699 B 0.006 No 17th Street/ PM 0.904 E 0.908 E 0.004 No Westminster Avenue' Phase It Fairview Street at D AM 0.667 B 0.675 B 0.008 No Trask Avenue' PM 0.661 B 0.665 B 0.004 No Fairview Street at C AM >50.0 (4.4) F (A) >50.0 (6.0) F (A) 1.6 No Edna Drivel PM >50.0 (10.1) F (B) >50.0 (11.6) F (B) 1.5 No Fait-view Street at C AM >50.0 (03) F (A) >50.0 (0.8) F (A) 0.1 No Huckleberry Road2 PM >50.0 (0.6) F (A) >50.0 (0.6) F (A) 0 No Fairview Street at C AM >50.0 (0.7) F (A) >50.0 (0.8) F (A) 0.1 No Strawberry Lane2 PM >50.0 (1.2) F (A) >50.0 (1.3) F (A) 0.1 No Fairview Street at D AM 0.693 B 0.701 C 0.008 No 17th Street/ PM 0.904 E 0.910 E 0.006 No Westminster Avenue' Notes: 1. Signalized Intersection. V/C for intersections based on application of Intersection Capacity Utilization methodology using Traffix software. V/C = Volume / Capacity Ratio. 2. Side-s treet stop- controlled intersection. Worst case movement delay and average delay for intersections based on application of 2000 HCM Unsignalized methodology. Delay, in seconds, was calculated using Traffix software. 3. V/C is reported for signalized intersections. Worst case movement delay followed by average intersection delay in parentheses is reported for unsignalized intersections. 4. LOS based on V/C reported for signalized intersections. LOS for worst case movement delay followed by LOS for average intersection delay in parentheses is reported for unsignalized intersections. A = Project change Source: Fehr& Peers, Traffic Impact Analysis, 2012. t ne Academy Charter High school 3 95 tune 2012 Initial Study /Mitigated Negative Declaration ICF 00914.11 31 B -175 City of Santa Ana Environmental Checklist Signal Warrants The TIA also evaluated estimated future trips at two unsignalized intersections in the project study area (Fairview at Huckleberry Road and Fairview at Strawberry Lane) to determine if additional traffic would necessitate the installment of a traffic signal at either location. The analysis is based on the criteria established in the 2010 California Supplement to the 2003 Edition of the Manual on Uniform Traffic Control Devices (MUTCD). As shown in Table 3 -24, with Phase I and Phase 11 of the proposed project, the TIA determined that signal warrants would not be met at either Fairview Street and Huckleberry Road or Fairview Street and Strawberry Lane. Table 3 -24. Existing Plus Project (Phases I and 11) -- Peak Hour Traffic Signal Warrant Results Neighborhood Impacts A neighborhood impacts analysis was prepared for the proposed project to evaluate potential impacts to the adjacent residential areas due to a potential increase in trips through the adjacent residential neighborhood streets, including Huckleberry Road, Strawberry Lane, and Sydney Street by vehicles using these streets to avoid potentially congested intersections, such as Fairview Street at 17th Street /Westminster Avenue. Since the circulation pattern of the pick -up and drop -off route starts at the southwest driveway south of Strawberry Lane, exits the northwest driveway, and is limited to a right -turn out north of Huckleberry Road, this route is a feasible option for outbound traffic traveling west on Westminster Avenue. However, inbound traffic will most likely avoid this route because the entrance driveway would be more difficult to access through Huckleberry Road or Strawberry Lane due to the heavy vehicle volume along Fairview Street. The more desirable inbound route from the west would be to make the left at Fairview Street and 17th Street /Westminster Avenue instead of at Sydney Street. Outbound traffic heading west on Westminster is forced north from the exit driveway and is required to make a U -turn to head south towards Westminster Avenue. The TIA assumed that some of these vehicles would use Huckleberry Road or Strawberry Lane to Sydney Street in order to access Westminster Avenue. However, the speed bumps along Sydney Avenue serve as a deterrent The Academy Charter High School 3 -96 Initial Study /Mitigated Negative Declaration 1 l W eJ June 2012 ICG 00914.11 Major Street Minor Street Approach Traffic Approach Traffic Warrant Intersection Lanes Volume Lanes Volume Met Phase 1 Fairview Street AM 2,772 AM 27 at Huckleberry 2 1 No Road PM 3,149 PM 15 Fairview Street AM 2,778 AM 26 at Strawberry 2 1 No Lane PM 3,136 PM 34 Phase 11 Fairview Street AM 2,799 AM 27 at Huckleberry 2 1 No Road PM 3,156 PM 15 Fairview Street AM 2,804 AM 26 at Strawberry 2 1 No Lane PM 3,143 PM 34 Source: California Manual of Uniform Transportation Control Devices (MUTCD), 2012. Neighborhood Impacts A neighborhood impacts analysis was prepared for the proposed project to evaluate potential impacts to the adjacent residential areas due to a potential increase in trips through the adjacent residential neighborhood streets, including Huckleberry Road, Strawberry Lane, and Sydney Street by vehicles using these streets to avoid potentially congested intersections, such as Fairview Street at 17th Street /Westminster Avenue. Since the circulation pattern of the pick -up and drop -off route starts at the southwest driveway south of Strawberry Lane, exits the northwest driveway, and is limited to a right -turn out north of Huckleberry Road, this route is a feasible option for outbound traffic traveling west on Westminster Avenue. However, inbound traffic will most likely avoid this route because the entrance driveway would be more difficult to access through Huckleberry Road or Strawberry Lane due to the heavy vehicle volume along Fairview Street. The more desirable inbound route from the west would be to make the left at Fairview Street and 17th Street /Westminster Avenue instead of at Sydney Street. Outbound traffic heading west on Westminster is forced north from the exit driveway and is required to make a U -turn to head south towards Westminster Avenue. The TIA assumed that some of these vehicles would use Huckleberry Road or Strawberry Lane to Sydney Street in order to access Westminster Avenue. However, the speed bumps along Sydney Avenue serve as a deterrent The Academy Charter High School 3 -96 Initial Study /Mitigated Negative Declaration 1 l W eJ June 2012 ICG 00914.11 City of Santa Ana Environmental Checklist from vehicles attempting to shorten their trip through the neighborhood, and the majority of trips ultimately heading west on Westminster Avenue are anticipated to use the intersection of Fairview Street at 17th Street /Westminster Avenue. Based on the Phase 11 project trip assignment and shown in Table 3 -25, the project cut - through trips would not result in a significant impact on Huckleberry Road, Strawberry Lane, and Sydney Street because the daily volume increase would be less than 16 %. Table 3 -25. Neighborhood Daily Volume Change Notes: 1. These values represent the one -way outbound daily project generated trips based on a 50% reduction rate of the daily project trip estimates from the Trip Generation, 8th Edition (1TE 2008). Source: Felir & Peers, 2012 Additionally, to provide a conservative worst -case analysis, Phase II -only peak hour volumes were added to existing peak hour volumes to compare the percent change. Table 3 -26 summarizes the percent change in peak hour volumes from existing conditions with the addition of Phase 11 only traffic volumes. As shown in Table 3 -26, the project cut - through trips would have a less -than- significant impact on Huckleberry Road, Strawberry Lane, and Sydney Street because the increase in daily volumes is less than 6% in the AM peak hour and less than 3% in the PM peak hour along each roadway. Table 3 -26. Neighborhood Peak Hour Volume Change Daily Project Percent Neighborhood Generated Change Street ADT Trips' in ADT Huckleberry Road 495 11 2.2% Strawberry Lane 739 it 1.5% Sydney Street 762 22 2.8% Notes: 1. These values represent the one -way outbound daily project generated trips based on a 50% reduction rate of the daily project trip estimates from the Trip Generation, 8th Edition (1TE 2008). Source: Felir & Peers, 2012 Additionally, to provide a conservative worst -case analysis, Phase II -only peak hour volumes were added to existing peak hour volumes to compare the percent change. Table 3 -26 summarizes the percent change in peak hour volumes from existing conditions with the addition of Phase 11 only traffic volumes. As shown in Table 3 -26, the project cut - through trips would have a less -than- significant impact on Huckleberry Road, Strawberry Lane, and Sydney Street because the increase in daily volumes is less than 6% in the AM peak hour and less than 3% in the PM peak hour along each roadway. Table 3 -26. Neighborhood Peak Hour Volume Change The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 3 -97 ICF 00914.11 31 B -177 PM AM Percent Peak Percent AM Peak Hour Change in PM Hour Change in Peak Project AM Peak Peak Project PM Peak Neighborhood Hour Generated Hour Hour Generated Hour Street Volume Trips Volume Volume Trips Volume Huckleberry Road 34 2 5.6% 54 1 1.8% Strawberry Lane S9 2 3.3% 68 1 1.4% Sydney Street 64 4 5.9% 84 2 2.3% Source: Fehr & Peers, 2012 The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 3 -97 ICF 00914.11 31 B -177 City of Santa Ana Parking Impacts Environmental Checklist The proposed project would provide for adequate parking to serve the proposed project. The project proposes to provide 146 onsite parking spaces. The City of Santa Ana Municipal Code (Sections 41- 1401 and 41 -1327) provides the City's parking requirements for individual land uses, The code requirements related to the project include: • High school: one space per 150 sf of classroom floor area, plus one space for each 333 sf of office floor area. • Fraternity and sorority houses and dormitories: one space for two beds or one space for each 80 sf of sleeping area, whichever is greater. Pursuant to the municipal code, the project would require a total of 211 parking spaces, which equals 0.47 spaces per student. However, based on field observations and studies at neighboring schools as described in the TIA, 211 spaces would oversupply the school by a ratio of nearly 2 :1. The TIA determined that the parking demand to student ratio did not exceed 0.22 spaces per student during any of the field studies. To provide a conservative parking estimate for the proposed project, an additional 25% was added to the 0.22 spaces per student ratio to provide a generation rate of 0.28 spaces per student. Based on this generation rate, operation of Phase 11 would result in a demand of 126 parking spaces for students of the proposed project. The dormitory parking generation rate listed above is typically applied to college campuses in which all residents are licensed drivers and half of which have personal vehicles. Because the high school would serve foster youth, who have less access to personal vehicles, the realistic parking needs of tite project's resident students is anticipated to be much less, and personal vehicles are likely limited to the 16 guardians that would reside onsite. Therefore, the City's municipal code requirement (that would provide 30 spaces) is not consistent with the needs of the project. Given the nature of the project, a rate of 2.5 spaces per residential unit, equaling 20 spaces would appropriately serve the residential portion of the project. These 20 residential parking spaces, when combined with the 126 parking spaces serving the school facilities totals 146 parking spaces, as shown in Table 3 -27. Given the nature of the users of the institution, 146 parking spaced is deemed adequate to supply parking to the Academy. However, because this adequacy differs from the parking requirements in the City's Municipal Code, the project will require approval of a parking variance. Table 3 -27. Project Parking Requirements per Parking Needs Assessment Project Amount Parking Requirement Required Component Proposed Per Unit Spaces High School 450 students 0.28 spaces per student 126 Guardian 8 units 2.5 spaces per unit 20 Housing Total Required Parking Spaces 146 Proposed Parking Spaces w/ Project 146 Parking Surplus /Deficiency ( + / -) 0 Source: Linscott, Law & Greenspan, Engineers, Parking Needs Assessment and Special Event Parking Management Plan, 2012. The Academy Charter High School 3 98 June 2012 Initial Study /Mitigated Negative Declaration Icf 00914.11 lki 1:9 •� City of Santa Ana Environmental Checklist During special events, it is anticipated that the proposed project would need an additional 126 parking spaces to accommodate additional visitors. The Wintersburg Presbyterian Church is located across the street from the project site, and as a church and school the two uses have complimentary use patterns that provide for a reciprocal parking arrangement where each site could make use of parking spaces on the other during peak periods of parking demand. Currently, the Wintersburg Presbyterian Church and the Orangewood Foundation are working together to finalize a parking agreement. However, to ensure that impacts related to event parking are less than significant, implementation of an Event Parking agreement is required by Mitigation Measure TR -2. Implementation of Mitigation Measure TR -2 will reduce impacts related to special event parking to a less - than - significant level. Mitigation Measure TR -2: Prior to issuance of occupancy permits, the project applicant will develop and enter into an Event Parking Management Plan that integrates available off - street parking spaces from other available nearby land uses, providing an additional 126 parking spaces. These spaces would be secured for as- needed use by the Academy per agreement between the Academy and parties of the Event Parking Management Plan. Under this plan, Academy special events would be strategically scheduled in order to coincide with periods of low- parking demand for those able to provide additional off - street parking, thus integrating local, underutilized parking spaces into Academy event parking.. b. Conflict with an applicable congestion rrranagernent program, including, but not limited to level ofservice standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? No Impact. The Orange County Transportation Authority (OCTA) is the Congestion Management Agency (CMA) responsible for the creation and implementation of the Orange County Congestion Management Program (CMP), which was last updated in 2011. The CMP establishes a Highway System, which includes a series of intersections and highways throughout Orange County, also known as OCTA's Smart Street network, and establishes minimum performance thresholds for these CMP facilities. The nearest CMP Highway System is located about 1.5 miles northwest of the project site at SR -22 WB Ramps /Harbor Boulevard in the neighboring City of Garden Grove. Other CMP facilities near the proposed project include Harbor Boulevard /1st Street and i -5 SB Ramps /1st Street Projects must demonstrate consistency with the OCTA's performance thresholds on the Highway System if the project is estimated to either generate 2,400 or more ADT or contribute 1,600 or more ADT directly onto the Highway System. As shown above under response a., the proposed project would generate a total of 686 ADT during project operations of Phase i1, which is less than the minimum CMP threshold of 2,400 ADT. Additionally, the project site is located approximately 1.5 miles from the CMP Highway System and would not contribute 1,600 or more ADT directly onto the Highway System. As such, the proposed project would not trigger a CMP analysis, and no impact would occur. 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. John Wayne Airport is located about 8 miles to the southeast of the project site, and the Fullerton Municipal Airport is located approximately 11 miles to the northwest (Google Earth 2012). The project is not located within any of the Airport Impact Zones or AELUPs for either airport. Furthermore, the proposed project would develop three -story structures, which would not extend into airspace or be tall enough to result in a change in air traffic patterns or a change in location. The Academy Charter High School 3 99 June 2012 Initial Study /Mitigated Negative Declaration iCF 00914.11 �1 J City of Santa Ana Environmental Checklist Therefore, the project would not result in a change in air traffic patterns or otherwise result in a safety risk, and impacts would not occur. d. Substantially increase hazards because of a design feature (e.g., sharp curves or dangerous intersections) or incompatible rises (eg., farrn equipment)? Less - than - Significant Impact. The evaluation of potential increases in hazards because of a design feature typically involve determining if any project- related features would result in changes to the circulation system that could result in physical impacts to automobile traffic or pedestrians. Some examples include poor sight - distance at intersections, sharp roadway curves, and placement of a driveway /site - access road along a high -speed roadway. Primary vehicular access to the project site would be available from three proposed driveways along Fairview Street south of Strawberry Lane (south driveway), near Huckleberry Road (center driveway), and north of Huckleberry Road (north driveway). The driveways would be full - access, side - street stop - controlled intersections with one entrance and one exit lane. During non -peak hours and non -drop off howl, the south and center driveways would allow entrance and exit, left -in and right -in, and right -out only. The north driveway would allow entrance and exist, right -in only and right -out only. During school pick -up and drop -off hours, the south driveway would serve as the only entrance (allowing right -in and left -in turns) onto a 520 -foot long lane on the east side of the site and would exit at the north driveway (allowing right -out turn only). Access to or from the project site would be restricted at the central driveway during pick -up and drop -off hours. The counterclockwise loop pattern would result in students exiting directly onto the sidewalk and those in the passenger -side seats exiting vehicles adjacent to the flow of traffic to reach the sidewalk. Due to the average age of students, expected low speeds of vehicles, and school administration supervision, impacts related to a substantial increase in hazards because of a design feature, such as the proposed 520 -foot long lane, will be less than significant and no mitigation measures are be required. e. Result in inadequate emergency access? Less - than - Significant Impact. Emergency access to the site would be from the proposed access points along North Fairview Street at the project driveways. In addition, emergency access would be available to the site from the parking facilities, which circle the perimeter of the project. Emergency access to and within the project site will be designed to meet the SAPD and SAFD requirements, including the provision of an appropriate turning radius for fire trucks and other emergency vehicles within the project parking lot. Prior to site plan approval, the SAFD and SAFD would review the proposed project plans and evaluate their consistency with the California Fire Code, California Building Code, and the Santa Ana Municipal Code. As a result, impacts related to emergency access on the project site would be less than significant. f. Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? No Impact. The OCTA provides transit services and bus stops within the immediate vicinity of the project site. OCTA bus route 47 provides service along North Fairview Road. The closest bus stop to the project is located along North Fairview Road at 17th Street, which is three blocks south of the project site. In addition, bus route 47 provides direct service to three schools, including Leroy L. Doig Intermediate School, Santiago High School, and Spurgeon Intermediate School. There are four other bus stops within 0.25 mile of the project site. These include OCTA Bus Routes 60, 57, 43, and The Academy Charter High School 3 lob June 2012 Initial Study /Mltigated Negative Declaration ICF 00914,11 City of Santa Ana Environmental Checklist 56, which provide bus service to the cities of Santa Ana, Orange, Garden Grove, and Anaheim. The proximity of the project site to five bits stops within 0.25 mile would allow students, residents, and employees convenient access to alternative transportation. The OCTA also offers the OCTA ACCESS program and other training programs to assist eligible transit users in learning how to navigate the standard transit system. The project would not alter or conflict with existing bus stops and schedules, and impacts related to OCTA transit services would not occur, There are no identified bicycle routes along North Fairview Street in the project vicinity, however, sidewalks exist along both sides of the street. The nearest bicycle facilities are Class I bike paths along 17th Street (three blocks south of the project site) and along the Santa Ana River trail (approximately 500 feet east of the project site). The project will include onsite bicycle facilities pursuant to the City's Bicycle Support Facilities Guidelines, and would not involve any offsite improvements or result in any identified offsite impacts to bicycle or pedestrian routes. Therefore, no conflicts will occur to any bicycle facilities. Lastly, existing sidewalks would be maintained along North Fairview Street upon implementation of the proposed project. Therefore, the proposed project would not conflict adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities and would not decrease the performance or safety of any facilities. The Academy Charter High School 12 Initial Study /Mitigated Negative Declaration 3-101 June 20 iCF 0092012 isi � City of Santa Ana Environmental Checklist Discussion Would the project: a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Less- than - Significant Impact. Wastewater generated from the project site would be transported from the project site via an existing 12 -inch city sewer line in North Fairview Street that flows southerly to the intersection of Westminster Avenue and 17th Street. The sewer line turns westerly on Westminster. The wastewater is transported and treated at the Orange County Sanitation District's (OCSD) Reclamation Plant No. 1, in the City of Fountain Valley. This wastewater treatment facility is currently undergoing an expansion project, which will increase secondary treatment to a total design capacity of 180 million gallons per day (mgd) (OCSD 2012). The new facilities at the wastewater treatment plant include six aeration basins, six circular clarifiers, and a new blower The Academy Charter High School 3-102 June 2012 Initial Study /Mltigated Negative Declaration ICF 00914.11 31 B -182 Less -than- Significant Potentially Impactwith Less -than- Significant Mitigation Significant No XVIL Utilities and Service Systems Impact Incorporated Impact Impact 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? C. Require or result in the construction of new ❑ ❑ ® ❑ stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to ❑ ❑ ® ❑ serve the project from existing entitlements and resources, or would new or expanded entitlements be needed? e. Result in a 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 reEulations related to solid waste? Discussion Would the project: a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Less- than - Significant Impact. Wastewater generated from the project site would be transported from the project site via an existing 12 -inch city sewer line in North Fairview Street that flows southerly to the intersection of Westminster Avenue and 17th Street. The sewer line turns westerly on Westminster. The wastewater is transported and treated at the Orange County Sanitation District's (OCSD) Reclamation Plant No. 1, in the City of Fountain Valley. This wastewater treatment facility is currently undergoing an expansion project, which will increase secondary treatment to a total design capacity of 180 million gallons per day (mgd) (OCSD 2012). The new facilities at the wastewater treatment plant include six aeration basins, six circular clarifiers, and a new blower The Academy Charter High School 3-102 June 2012 Initial Study /Mltigated Negative Declaration ICF 00914.11 31 B -182 City of Santa Ana Environmental Checklist building. These ongoing improvements began in 2007 and are estimated to be completed prior to commencement of the proposed project. OCSD facilities are required to comply with the Santa Ana RWQCB wastewater treatment requirements, and to maintain and follow the MS4 permit, which is the U.S. Environmental Protection Agency (EPA) NPDES permit that regulates discharge of treated effluent into receiving waters (e.g., the Santa Ana River Basin). In 2002, the OCSD adopted an 18 -year Capital Improvement Program (CIP), which identified 125 projects related to upgrading and repairing wastewater facilities in accordance with the wastewater treatment requirements of the Santa Ana RWQCB. These projects are intended to assure that facilities continue to meet or exceed the wastewater treatment requirements established by the Santa Ana RWQCB. As part of the project approval process, the project applicant would be required to provide all onsite sewer infrastructure and pay appropriate sewer system connection fees. Existing City Public Works Department requirements would ensure that wastewater treatment requirements of the RWQCB are not to be exceeded. Therefore, wastewater generated by the proposed project would not cause OCSD to exceed wastewater treatment requirements of the Santa Ana RWQQB. As such, project impacts to wastewater treatment requirements would be less than significant. b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the constriction of which could cause significant environmental effects? Less - than - Significant Impact. Water Facilities. The City of Santa Ana obtains water froth two sources: groundwater and imported water. Approximately 62% of the City's water supply is derived from groundwater that is pumped to the surface from 20 City- operated wells. The other 38% of water is imported from the Metropolitan Water District of Southern California (Metropolitan; City of Santa Ana 2010). The Metropolitan water is treated at either the Robert B. Diemer Filtration Plant located in Yorba Linda or the Weymouth Filtration Plant in La Verne before being delivered to the city. There are a total of seven Metropolitan connections located in the city (City of Santa Ana 2005). There is an existing 12 -inch water supply pipeline in North Fairview Street, which has supplied water to the project site. The proposed project includes development of connections to the existing water supply line pursuant to City requirements. As described in Chapter 2, "Project Description," the project site is currently vacant, but was previously used for hospital and medical facility uses since 1964. Therefore, existing water infrastructure is developed to serve the project site. Table 3 -28 provides a comparison of the historic water demand from the medical uses and the anticipated water demand for the proposed project uses. The Academy Charter High School 12 3 -103 June 20 Initial Study /Mitigated Negative Declaration iCf 0092011 ;197 City of Santa Ana Table 3 -28. Historic and Projected Water Demand from the Project Site Environmental Checklist Source: Fuscoe Sewer Report, 2012. Appendix D. As shown on Table 3 -28, the proposed project is anticipated to utilize 25,992 gallons per day (gpd) of water, which is 43.4% less than the amount of water that was used daily by the previous medical uses on the site. Likewise, the anticipated peak flow, which is the amount of water that would need to be transmitted at one time through the infrastructure and to the project site, would also be 43.4% less than what was delivered at peak flow under the previous land uses. Tire school's estimated water use includes the use of current state - mandated water conservation measures, including low- flow toilets, urinals, faucets, and other required water conservation measures. Likewise, all plumbing on site would be installed pursuant to Title 24 requirements to conserve water. Because the proposed project would demand less water than the previous medical uses, the existing water infrastructure serving the project site is adequate and has the capacity to serve the proposed project. Therefore, no improvements to the existing infrastructure are required to service the project, and impacts to water conveyance infrastructure would be less than significant. Furthermore, the project's contribution to water demand within the water service area would be less than significant and the proposed project would not result in the construction or expansion of existing water facilities. Wastewater. As described above under the water discussion, the project vicinity is improved with existing infrastructure, which includes sewer conveyance pipelines. Wastewater from the project site will be transported via an existing 12 -inch city sewer line in North Fairview Street that flows southerly to the intersection of Westminster Avenue and 17th Street. The sewer line turns westerly on Westminster. The wastewater is then to be transported to and treated at OCSD's reclamation plant in Fountain Valley. This wastewater treatment facility is currently undergoing capacity enhancement projects in order to comply with secondary treatment standards required by the EPA under a Federal Consent Decree. The facility currently treats an average of 97 mgd of wastewater and is upgrading to a total design capacity of 180 mgd (OCSD 2010). A Sewer Capacity Report was prepared for the proposed project and attached as Appendix D. The report provides estimated sewer flows from the proposed project by utilizing Los Angeles County generation rates that estimate sewer generation by number of students, bedrooms and by square The Academy Charter High School 3 -104 June 2012 Initial Study /Mitigated Negative Declaration [CF00914.11 I en Generation Factor Size Flow (gpd) Average Flow (gprn) Peak Flow (gpm) Previous Medical Use Medical Office 300 gal /1,000 sf 38,000 sf 11,400 7.92 19.8 Hospital 500 gal /bed 69 beds 34,500 23.96 59.9 Totals 45,900 31.875 79.7 Proposed School Use High School 15 gal /student 450 students 6,750 4.69 11.7 Dorm 2 Bedroom 250 gal /unit 6 units 1,500 1.04 2.6 Dorm 1 Bedroom 200 gal /unit 82 units 16,400 11.39 28.5 Office 200 gal /1,000 sf 6.71 sf 1,342 0.93 2.3 Totals 25,992 18.05 45.1 Source: Fuscoe Sewer Report, 2012. Appendix D. As shown on Table 3 -28, the proposed project is anticipated to utilize 25,992 gallons per day (gpd) of water, which is 43.4% less than the amount of water that was used daily by the previous medical uses on the site. Likewise, the anticipated peak flow, which is the amount of water that would need to be transmitted at one time through the infrastructure and to the project site, would also be 43.4% less than what was delivered at peak flow under the previous land uses. Tire school's estimated water use includes the use of current state - mandated water conservation measures, including low- flow toilets, urinals, faucets, and other required water conservation measures. Likewise, all plumbing on site would be installed pursuant to Title 24 requirements to conserve water. Because the proposed project would demand less water than the previous medical uses, the existing water infrastructure serving the project site is adequate and has the capacity to serve the proposed project. Therefore, no improvements to the existing infrastructure are required to service the project, and impacts to water conveyance infrastructure would be less than significant. Furthermore, the project's contribution to water demand within the water service area would be less than significant and the proposed project would not result in the construction or expansion of existing water facilities. Wastewater. As described above under the water discussion, the project vicinity is improved with existing infrastructure, which includes sewer conveyance pipelines. Wastewater from the project site will be transported via an existing 12 -inch city sewer line in North Fairview Street that flows southerly to the intersection of Westminster Avenue and 17th Street. The sewer line turns westerly on Westminster. The wastewater is then to be transported to and treated at OCSD's reclamation plant in Fountain Valley. This wastewater treatment facility is currently undergoing capacity enhancement projects in order to comply with secondary treatment standards required by the EPA under a Federal Consent Decree. The facility currently treats an average of 97 mgd of wastewater and is upgrading to a total design capacity of 180 mgd (OCSD 2010). A Sewer Capacity Report was prepared for the proposed project and attached as Appendix D. The report provides estimated sewer flows from the proposed project by utilizing Los Angeles County generation rates that estimate sewer generation by number of students, bedrooms and by square The Academy Charter High School 3 -104 June 2012 Initial Study /Mitigated Negative Declaration [CF00914.11 I en City of Santa Ana Environmental Checklist footage. This methodology determined that the project would generate a wastewater demand of 25,992 gallons daily or 0.0260 mgd at full operating capacity of Phase H. Sewer flow monitoring was conducted for 7 days In March 2012 to determine the existing wastewater flows within the reach identified in the City's Sewer Master Plan as MH F05 -004 to MH FOS -005, which is the reach with the highest depth of flow to pipe diameter Cd /D) ratio of the system sewing the site, and is identified as being planned for capacity enhancements in the Sewer Master Plan. As described above, the proposed project is expected to generate a wastewater demand of 25,992 gallons daily or 0.0260 mgd at full capacity of Phase 1I. This wastewater treatment need is already accounted for by OCSD. The project will be served by the existing Fountain Valley Wastewater Facility. The anticipated flows from the project at full capacity of Phase It of 0.0260 mgd, is approximately 0.00029% of the 97 mgd that is currently treated daily at the Fountain Valley facility. In comparison to the upgraded plant design capacity of 180 mgd, the project would represent 0.00014% of daily flows. As described in XVIi.a., the treatment plant design capacity can accommodate the proposed project, and the project would not result or require the construction of new wastewater treatment facilities. However, after reviewing the sewer flow monitoring data and the City's Sewer Master Plan, the City of Santa Ana Water Engineering Division has concluded that the existing 12" sewer main in Westminster Avenue, (between Clinton Street, and Harbor Boulevard) is at capacity, and cannot meet the sewer discharge need of the proposed project. Subsequently, and pursuant to the City's Sewer Master Plan, the City is beginning to design, bid, and construct a new upgraded replacement for the said sewer main in Westminster Avenue, The City's sewer improvement is anticipated to be completed by December 2012. Because the proposed project is not scheduled to connect to the sewer until January 2013 and will not commence school activities until August 2013, impacts related to sewer infrastructure is not anticipated to occur. To ensure that impacts to sewer services and facilities do not occur, Mitigation Measure UTL -1 has been included, which restricts operations of the project until it can connect to the City Sewer System after completion of the construction of the replacement sewer main in Westminster Avenue. With implementation of ULT -1, the project would result in less- than - significant impacts to wastewater facilities. Mitigation Measure UTL -1: The City of Santa Ana Planning and Building Agency shall not issue a certificate of occupancy to the proposed project prior to completion of the City's sewer main replacement and improvement project located in Westminster Avenue, between Clinton Street and Harbor Boulevard. c. Require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less -than- Significant Impact. The proposed project site is currently covered with large areas of impervious surfaces that consist of building pads, parking lot pavement, and concrete walkways. Smaller areas of landscaping exist along North Fairview and within the parking area. The proposed project would redevelop the site with school uses, which would result in 2% less impervious surfaces on the project site, and likewise result in a slight decrease in surface water runoff when compared to existing conditions. The proposed project is surrounded by urban and built -up uses that currently rely on existing stormwater drainage facilities. The current drainage pattern of the site includes sheet flow across the site to the curb along North Fait-view Street that directs flow to n mLduemy a fidreer mgn acnooi June 2012 Initial Study /Mitigated Negative Declaration 3.105 ICF00914.11 OOR City of Santa Ana Environmental Checklist gutter drainages on 17th Street, which empties into a concrete -lined portion of the Santa Ana River channel and levee located south -east of the project site. The project's planned operational stormwater drainage for the central portion of the project site will direct surface flow to drain into a bioretention system that will treat stormwater. The treated stormwater will be discharged at four locations along North Fairview Street and join the existing drainage pattern of the street that will transport flows into the existing storm drain system in 17th Street. The remainder of the stormwater from the site will infiltrate into permeable pavers, with any overflow going to the existing curb and gutter. The project does not include changes to the existing offsite drainage patterns as a result of the proposed project. The project would not Because of the project would slightly reduce impervious surfaces and add the bioretention system, the existing stormwater infrastructure will be able to continue to accommodate stormwater flows from the project site. As a result, new or expanded drainage facilities beyond those included onsite as part of the project would not be required to accommodate the proposed project, and impacts are less than significant. d. Have sufficient water- supplies available to serve the project fi-orn existing entitlements and resources, or would new or expanded entitlements be needed? Less - than - Significant impact. Domestic water for the proposed project would be provided by the Water Resources Division of the City of Santa Ana Public Works Agency. In 2010, the City of Santa Ana received 62% of its water from the Orange County Groundwater Basin, which is delivered to the City by the OCWD. The remaining 38% is imported water that was purchased from Metropolitan (City of Santa Ana 2010). The City also receives recycled water after advanced treatment from the OCW D facility, Green Acres Project. These recycled supplies can offset the demand for potable water supplies. Water use and availability is detailed in Urban Water Management Plans (UWMPs), which are required to be updated every 5 years to provide estimates of current water usage and typically project water use over a 25- to 30 -year period. Santa Ana's most recent UWMP was prepared and adopted in November 2005. At that time, the City maintained 444 miles of transmission and distribution mains, 8 reservoirs with a storage capacity of 49.3 million gallons, 7 pumping stations, 19 wells, and 7 import connections. Also, the amount of annual water use for the 2005 fiscal year was 44,920 acre -feet a year (afy), which was below the available 48,722 afy of supply for that year. Table 3 -29 shows the UWMP's projected supply and demand until 2030 for normal and single -dry water years, as well as multiple dry years for the following five year periods: 2011 -2015, 2016- 2020, 2021 -2025, and 2025 -2030. As shown in Table 3 -29, the City of Santa Ana is projected to have a water surplus each reporting year. The smallest surplus for the City is projected to occur during a single dry water year for 2030, which is estimated at 2,460 afy. As shown above in Table 3 -28, the proposed project will require 25,992 gallons per day (gpd) of water at full operating capacity of Phase 11, which is 43.4% less than the amount of water that was used daily by the previous medical uses on the site. Further, the project could only utilize this maximum water flow on school days. As provided in the project description, the school is anticipated to operate on a traditional school calendar of 184, generally operating from September through mid -June. As a result, the annual demand for water supplies by the school facilities would be further reduced, in comparison to annual demands by the previous land use. The Academy Charter High School 3 -106 June 2012 Initial Study /Mitigated Negative Declaration ICF00914.11 96111 City of Santa Ana Environmental Checklist Because the project would utilize less water daily and annually than the previous site use, and because the City projected to have an annual water surplus with the previous greater water demanding land use, the proposed project would not require new or expanded water entitlements. Sufficient water supplies would be available to serve the project from existing entitlements and resources, and no new or expanded entitlements be needed to serve the project. Therefore, project impacts related to water resource entitlements are less than significant. Table 3 -29. City of Santa Ana Projected Water Supply and Demand (AFY) 2010 2015 2020 2025 2030 Normal Water Year Demand 52,950 56,100 59,050 Supply 54,810 Demand 50,190 Difference 4,620 57,410 53,180 4,230 61,560 55,970 5,590 63,800 59,280 4,520 62,750 59,540 3,210 Single Dry Water Year 3,560 2,460 Multiple Dry Water Years (2011 -2015) Supply 55,710 60,290 63,880 66,100 65,270 Demand 52,950 56,100 59,050 62,540 62,810 Difference 2,760 4,190 4,830 3,560 2,460 Multiple Dry Water Years (2011 -2015) Supply 62,010 62,460 66,160 Supply 55,330 55,850 60,160 59,620 60,830 Demand 50,790 51,390 55,460 54,530 56,100 Difference 4,540 4,460 4,700 5,090 4,730 Multiple Dry Water Years (2016 -2020) Supply 58,240 59,080 63,180 62,890 64,460 Demand 53,740 54,300 58,520 57,460 59,050 Difference 4,500 4,780 4,660 5,430 5,410 Multiple Dry Water Years (2021 -2025) Supply 62,010 62,460 66,160 65,410 66,610 Demand 56,630 57,290 61,840 60,790 62,540 Difference 5,380 5,170 4,320 4,620 4,070 Multiple Dry Water Years (2026 -2030) Supply 63,590 63,380 66,480 65,020 65,540 Demand 59.330 59,380 63,420 61,690 62,810 Difference 4,260 4,000 3,060 3,330 2,730 Source: City of Santa Ana 2005 Urban Water Management Plan. e. Result in a 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? Less - than - Significant Impact, The OCSD provides for the collection, treatment, and disposal of wastewater for a 479 square -mile area in central and northwestern Orange County, including the proposed project site. The OCSD treats about 207 million gallons on a daily basis at the Fountain Valley and Huntington Beach Wastewater Treatment Plants, combined (OCSD 2012). As described The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 3 -107 ICF 00914.11 eeh City of Santa Ana Environmental Checklist under response XVII.b, wastewater from the project site would be treated at the wastewater treatment plant in Fountain Valley. The facility currently treats an average of 97 mgd of wastewater and is upgrading to a total design capacity of 180 mgd (OCSD 2012). As described above, the proposed project is expected to result in less flow than the previous uses on the project site. The project would generate a wastewater demand of 25,992 gallons daily or 0.0260 mgd at full capacity of Phase 11. This wastewater treatment need is already accounted for by OCSD, as it has long been serving previous larger flows from the project site. Compared to the existing 97 mgd of wastewater treatment at the Fountain Valley wastewater treatment facility, the project's maximum demand of 0.0260 would represent about 0.00029% of capacity. In comparison to the upgraded plant design capacity of 180 mgd, the project increase would represent 0.00014% of capacity. Because the wastewater flow from the project site is anticipated through previous land uses and because flows would not be substantial in comparison to the treatment plant design capacity, the proposed project would result in less -than- significant impacts related to wastewater treatment plant capacity. f. Be served by a landfill with sufficient permitted capacity to accommodate the projects solid waste disposal needs? Less-than-Significant Impact. The proposed project would be served by three landfills operated by the Orange County Integrated Waste Management Department (OCIWMD), including the Frank R Bowerman Landfill in Irvine, the Olinda Alpha Landfill in Brea, and the Prima Deshecha Landfill in San Juan Capistrano. Table 3 -30 provides an overview of each landfill with its current permitted capacity and remaining capacity. As shown, all three landfills have about half of their remaining capacity. Table 3 -30. Existing Landfill Conditions The proposed project could contribute solid waste to any of the three available landfills in Orange County; however, the majority of waste from Santa Ana, about 75 %, is sent to the Bowerman Landfill. In 2009, a total of 297,402 tons of solid waste was delivered to these three landfills, which is an average of about 814.8 tons /day (CalRecycle 2012). As described in the project description, the project would operate a residential charter school that would contain three residential buildings. Each floor of the residential buildings would be considered one family unit and include five student bedrooms (accommodating 10 students), a guardian suite, a kitchen, dining room, living room, laundry, and a social worker resident office. Second and third story units would also include a front porch. The parent suites include two bedrooms, a living area, kitchen, and full bathroom. Because each floor functions as one large family unit, this analysis uses a single family solid waste generation factor of 7 pounds per day per unit. The Academy Charter High School 3 -108 June 2012 initial Study /Mitigated Negative Declaration ICF 00914.11 • •�, Size Operating Permitted Daily Capacity Remaining Landfill (acres) Years (tons /day) Capacity Frank R. Bowerman 725 1990 -2053 8,500 59.4cy (46.8 %) Olinda Alpha 420 1960 -2021 8,000 38.6cy (51.5 %) Prima Deshecha 699 1976 -2067 4,000 87.4cy (50.5%) Source: http: / /www.cali-ecycle.ca.gov /profiles /Facility/Landfill /. January 31, 2012. The proposed project could contribute solid waste to any of the three available landfills in Orange County; however, the majority of waste from Santa Ana, about 75 %, is sent to the Bowerman Landfill. In 2009, a total of 297,402 tons of solid waste was delivered to these three landfills, which is an average of about 814.8 tons /day (CalRecycle 2012). As described in the project description, the project would operate a residential charter school that would contain three residential buildings. Each floor of the residential buildings would be considered one family unit and include five student bedrooms (accommodating 10 students), a guardian suite, a kitchen, dining room, living room, laundry, and a social worker resident office. Second and third story units would also include a front porch. The parent suites include two bedrooms, a living area, kitchen, and full bathroom. Because each floor functions as one large family unit, this analysis uses a single family solid waste generation factor of 7 pounds per day per unit. The Academy Charter High School 3 -108 June 2012 initial Study /Mitigated Negative Declaration ICF 00914.11 • •�, City of Santa Ana Environmental Checklist As provided in Table 3 -31, the project would generate 97, 240 pounds (48.62 tons) per year of solid waste at full occupancy of Phase I and 128,440 pounds (64.22 tons) per year at full occupancy of Phase II. Table 3 -31, Estimated Solid Waste Generation Use Generation Rate Annual Total School Phase 1- 320 students 240 lbsr /year /student 76,800 lbs Residential Component - 8 units 7 lbsz /unit /day 20,440 Ibs3 Subtotal 97,240 lbs School Phase 11 -130 Students 240 lbs' /year /student 31,200 lbs Annual Total 128,440 lbs 'Source: CalRecycle School District Profile for Garden Grove Unified. http: / /wivw.ca l recycle.ca.gov /Profiles /Sch ool s/ Distr lct /wastetypes.asp?DISTRiCTI D- 629 20btained from the Town and Country Manor FEiR (2009) and the City Place FEIR (2005). 3Assumes living onsite 365 days per year. Compared to the estimated 814.8 tons per day that the City currently disposes of, the proposed project would increase solid waste generation by approximately 351.89 pounds per day (0.176 tons), which is about 0.022% compared to existing city disposal totals. Based on the permitted daily capacity of the three landfills, the increase of an average of 0.1768 tons per day at any of the landfills would represent less than 0.1% of the existing permitted capacity which ranges from 4,000 to 8,500 tons per day. Solid waste from construction activities, which would be largely existing site vegetation (green waste), asphalt and cement from site grading activities, and building materials from building construction activities that would be generated during the 13 -month construction period for Phase 1 and the 12 month construction period for Phase II. This waste would also be delivered to, and accommodated by, the three landfills identified above. As a result, the proposed project's impacts related to solid waste disposal and landfill capacity is less than significant. g. Comply with federal, state, and local statutes and regulations related to solid waste? Less - than - Significant Impact. The proposed project is a residential charter school use. Solid waste generated by the project would consist primarily of the standard organic and inorganic waste normally associated with school and residential uses. Substantial hazardous wastes are not anticipated. The project would provide facilities for solid waste recycling. As noted above, the site is adequately served by local landfills. The project would comply with all applicable federal, state, and local statutes and regulations related to solid waste handling, transport, and disposal during both construction and long -term operation. Additionally, per the California Integrated Waste Management Act of 1989 (AB 939), the City has implemented a recycling program to divert at least 50% of all solid waste by January 1, 2000. As such, the proposed project would be required to comply with a Source Reduction and Recycling Element (SRRE) program, which was submitted and approved by CalRecycle to divert solid waste. Compliance with the SRRE program would ensure that the proposed project would remain in compliance with AB 939 and impacts would be less than significant. The Academy Charter High School 1 202 3 -109 June Initial Study /Mitigated Negative Declaration icF ne 20 2 IL, City of Santa Ana Environmental Checklist Less -than- Significant Potentially Impact with Less -than- Significant Mitigation Significant No XVIII. Mandatory Findings of Significance Impact Incorporated Impact Impact 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, substantially 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 tine effects of past projects, the effects of other current projects, and the effects of probable future projects.) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? Discussion Would the project: ❑ ® ❑ ❑ ❑ ® ❑ ❑ 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 project site currently consists of an undeveloped disturbed redevelopment parcel surrounded by a roadway, a convalescent hospital, and residential development. The site consists of large areas of asphalt, cement, building pads, and scattered areas of ornamental landscaping. No sensitive plant or animal species exist onsite, and habitat to support sensitive species also does not exist. Further, there are no wetland areas or migration routes on the project site. However, the existing trees onsite have the ability to host nesting birds, and as a result, a mitigation measure is included in Section IV, "Biological Resources," to reduce potential impacts to nesting birds to a less- than - significant level. Impacts to nesting birds would be reduced to a less -than- significant impact with the incorporation of pre - construction survey (MM- BIO -1). With the incorporation of the mitigation measure identified in Section IV, 'Biological Resources; impacts to the quality of the environment related to biological resources would be reduced to a less -than- significant level. The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 3 110 ICF06914.11 •III City of Santa Ana Environmental Checklist Regarding California history or prehistory, the project site is vacant, undeveloped, and graded, and does not contain any known historical resources or any documented paleontological resources, and no potentially significant impacts were identified in Section V, "Cultural Resources." Therefore, project impacts to the quality of the environment related to cultural resources is less than significant. 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.) Less -than- Significant Impact with Mitigation Incorporated. A cumulative impact could occur if the project would result in an incrementally considerable contribution to a significant cumulative impact in consideration of past, present, and reasonably foreseeable future projects for each resource area. The cumulative study area is generally confined to the areas shown on Figure 3 -10, and includes the cumulative projects listed in Table 3 -32, which are located within two miles of the project site. Although for some resources, cumulative impacts are considered over a greater area, and are addressed accordingly, Table 3 -32. Cumulative Projects List No. Project Anticipated Opening Year Description 1 Wintersburg Presbyterian Church 2012 24,348 sf Church Expansion 2 Vista del Rio - Affordable Disabled 2013 41 Residential Units Housing 3 Torres Medical Office 2012 6,000 sf Medial Office 4 Rite Aid /Walgreens 2014 15,836 sf Retail 5 Compassion Meditation Center 2014 8,000 sf Meditation Center 6 One Broadway Plaza -Office Tower 2016 518,000 sf Office Tower One Broadway Plaza - Restaurant 2016 6,000 sf Retail/ Restaurant 7 Discovery Science Center Ph. 11 2014 275 Seat WAX Theater 8 Block at Orange Expansion 2014 70,000 sf Retail A cumulative evaluation for each environmental resource areas is provided below, which describes the project's potential to contribute considerably to a cumulative impact. Aesthetics The cumulative aesthetics study area for the proposed project is the viewshed that the project site lies within. The Wintersburg Presbyterian Church expansion (listed in Table 3 -32) is the only project located within the same viewshed of the project site. Implementation of the proposed project would develop a new charter residential high school within an existing urban residential and mixed use and area. As described in the aesthetics section of this MND, the proposed project will enhance the quality and character of the project site over the existing vacant degraded condition. The proposed charter high school project and church expansion project will reinforce the existing urban and developed character of the viewshed. Project impacts related to the scale and mass of the me Acartemy Charter High School Lune 2012 Initial Study /Mitigated Negative Declaration 3 -111 ICF 00914.11 31 B -191 City of Santa Ana Environmental Checklist proposed buildings adjacent to Blueberry Lane would be less than significant with implementation of Mitigation Measure AES -1, which will provide landscaping along the eastern boundary of the project site, including a mixture of tall vertical trees (such as tall fan and feather palms) that are a minimum of 36- inches in box size and complement the proposed exterior facade of the buildings. With inclusion of the proposed project, the past, present, and reasonably foreseeable future projects would not degrade or detract from the urban built -out nature of the City of Santa Ana and project vicinity. Therefore, any less- than - significant impact the proposed project has on aesthetics would not represent a considerable degree when combined with the past, present, and reasonably foreseeable cumulative project list and would not contribute to a cumulative impact. Impacts would be less - than - cumulatively considerable. Agriculture and Forest Resources The proposed project is located in a fully developed urban environment and would develop a residential charter school project on an infill redevelopment parcel. The City of Santa Ana, including the proposed project site, is classified as "urban and built -up land" and does not contain any agricultural uses or forest resources. Therefore, the past, present, and reasonably foreseeable future projects in the City of Santa Ana would not have the potential to cumulatively contribute to impacts related to agriculture or forest resources. Air Quality The cumulative study area for air quality is the entire South Coast Air Basin. As the Basin is currently in nonattainment for ozone, 03, PM10, and PM2.5, cumulative development could violate an air quality standard or contribute to an existing or projected air quality violation. The SCAQMD recommends that individual projects that exceed the SCAQMD recommended daily thresholds for project - specific impacts be considered to cause a cumulatively considerable increase in emissions for those pollutants for which the Basin is in nonattainment. As discussed previously in Section IiI, "Air Quality," Mitigation Measures have been included to ensure that cumulative construction would not exceed the ROG, NOx, and PM2.5 thresholds of significance recommended by the SCAQMD. With implementation of Mitigation Measures AQ -1 through AQ -3, construction impacts would be less than significant. Therefore, cumulative impacts would also be considered less than significant by the SCAQMD. Biological Resources The cumulative study area for biological resources includes the areas shown on Figure 3 -3. The proposed project setting is highly urbanized and few biological resources remain in the surrounding areas. The related projects listed in Table 3 -32, are infill or expansion of existing uses within the urban area. Substantial existing biological resources do not exist within these related project areas. Present and future projects would comply with requirements of the META to avoid and /or mitigation potential impacts to protected nests and pursuant to existing federal and state regulations would be required to implement restoration and replacement efforts for any impacts to special status plants and wildlife. Changes from the proposed project in combination with other past, present, and reasonably foreseeable future projects will not contribute to a cumulatively considerable impact to biological resources. After the incorporation of mitigation measures provided herein that will reduce impacts to biological resources to a level below significant, the project's incremental contribution would not result in a cumulatively considerable impact. The Academy Charter High School 3 -112 June 2012 Initial Study /Mitigated Negative Declaration ICr 00914.11 LOVA LEGEND mil. f, 1 1 Development Project (Year) W Chapman Ave Project $110 of o hc. Bark. wnya pan 1 111 XX) Not to Scale 1 � c E I , I LampsonAve � f i I ' W Garden Grove Blvd YisaDelRioApartma • nt5(101]I I , l -�! Trask Ave WoHersbury Presbyirrian fhurdl(2012) j Plsrusry y'Sciencc• Ur U 1� �+ Edna Cr i \\ � N w:fx�nst Y I I WestminiterAVe. W 17th SS I WYhsh�n9tonAve iOnc tlwadv:ay Plaza (20161 j Clvk Center Dr W lunesr.1edicalDlli(C12012) ® W Santa Ana Blvd ' Flit Ail (20 14) I W1stSt �I i W Camille St Co+iyrauirm ldcdilotion (molar (2 014) ' f ' I ; ' i • I - ' W M1Fadden Ave i Source: Fehr +Peers ICF •"ca Figure 3 -14 Cumulative Projects The Academy, City of Santa Ana I : pn City of Santa Ana Cultural Resources Environmental Checklist The proposed project is located in a fully developed urban environment and would develop a residential charter school project on an infill redevelopment parcel. The project site is underlain by 3 -5 feet of fill materials. The project would require minimal grading and excavations that would be a maximum of 5 -feet deep. further, the project vicinity has been surveyed and the project area is identified as having a low potential for unidentified resources. As a result, the project is not expected to impact cultural resources, and also is not anticipated to have any cumulative impacts on historic, archaeological, or paleontological resources. Geology and Soils The cumulative setting for geology and soils includes all the development and infrastructure that has occurred in the City of Santa Ana in the past and would be expected to occur in the future, including the projects listed in Table 3 -32. Past, present, and future development could be affected by existing widespread southern California geologic conditions and result in ground shaking, landsliding, and soils movement, which ultimately could result in significant impacts on the environment. However, similar to the proposed project, past, present, and future projects have been and would continue to comply with the California Building Code and to implement specific building techniques to minimize seismic damage. As described in Section VI, "Geology and Soils," impacts of the proposed project would be reduced by implementing mitigation to ensure appropriate geotechnical engineering reduces effects of potential seismic events and the potential impacts related to the existing geologic and soils environment on site. Thus, geologic and soils impacts related to the project would be less than significant after mitigation and would not be cumulatively considerable. Greenhouse Gasses As described in Section VII, the proposed project's annual GHG emissions under BAU conditions are estimated to be 2,058 metric tons CO2e. To put this number into perspective, statewide CO2e emissions for year 2009 were estimated to be 456.8 million metric tons. Project- specific Mitigation Measures GHG -1 through GHG -3 have been included to reduce greenhouse gases generated by the project and reduce impacts to a less- than - significant level. GHG emissions would be further reduced with implementation of AB 32 scoping measures such as Pavley emissions standards, low- carbon fuel standard, and renewables portfolio standard, among other standards. Implementation of Mitigation Measures GHG -1 through GHG -3, along with state implementation of AB 32 Scoping Measures, would reduce the incremental GHG emissions associated with the proposed project by approximately 29 %. As this level of reduction would exceed the AB 32 target reduction goal of 28.5 %, and both project -level and cumulative impacts would be less than significant. Hazards and Hazardous Materials The scope of analysis for cumulative impacts associated with accidental spills, releases, or explosions of hazardous materials encompasses the project vicinity, including adjacent jurisdictions. Implementation of the proposed project has the potential to contribute to cumulative impacts on hazards and hazardous materials through the transport, storage, use, or handling of hazardous materials. Most of the past, present, and reasonably foreseeable future projects in the area surrounding the project site include religious, residential, commercial, and medical land uses. Many The Academy Charter High School 012 3 -113 June 2 Initial Study /Mitigated Negative Declaration IcF 0042011 31 B -195 City of Santa Ana Environmental Checklist of these may use, handle, store, and /or transport hazardous materials. However, past, present, and foreseeable future projects trust comply with all existing hazardous material regulations in place through the local, state, and federal government. Furthermore, since the proposed project involves development of a school, present and foreseeable future projects within 0.25 mile of the project site would be required per CEQA Guidelines to consider the impacts of emitting hazardous emissions or handling hazardous or acutely hazardous materials, substances or waste near a proposed or existing school. These regulations are in place to reduce the potential of accidental releases, spill, or explosions of hazardous materials and to minimize the environmental and public health impact should one occur. Although projects cannot completely eliminate the probability associated with an accidental release, explosion, or spill, the existing regulations reduce the overall probability and minimize the impacts during a release. Therefore, past, present, and foreseeable future project are not cumulatively considerable. Some types of hazardous materials would be used during construction of the proposed project and hazardous materials would be needed for fueling and servicing construction equipment on the site on a temporary basis. Operation of the proposed residential and school activities generally use hazardous materials including solvents, cleaning agents, paints, pesticides, batteries, and aerosol cans. Although the project would utilize common types of hazardous materials, normal routine use of these products would not result in a significant hazard to residents or workers in the vicinity of the project. As discussed in Section Vill, "Hazards and Hazardous Materials," all impacts resulting from the proposed project related to hazards and hazardous materials would be less than significant. Thus, hazards and hazardous materials impacts related to the proposed project would be less than significant and would not be cumulatively considerable. Hydrology and Water Quality The geographic scope for cumulative impacts on hydrology and water quality includes the Santa Ana River watershed and the Coastal Plain of Orange County Groundwater Basin. The cumulative setting for hydrology and water quality includes all the development and infrastructure that have occurred in the City of Santa Ana in the past and would be expected to occur in the future, including the projects listed in Table 3 -32. Implementation of the proposed project has the potential to contribute to cumulative impacts on hydrology and water quality through the generation of stormwater runoff during construction and operation. The majority of the past, present, and reasonably foreseeable future projects would have associated construction impacts with the potential to result in discharge of stormwater to surface waters, either directly or, more commonly, via a local stormwater collection system. All of these projects have been and would be required to comply with construction stormwater requirements of the local jurisdiction and compliance with the general NPDES permit for construction stormwater discharges. Furthermore, the BMPs and project design features identified in Response IX(a) would minimize runoff and erosion impacts to hydrology and water quality resulting from development of the proposed project. As discussed in Section IX, "Hydrology and Water Quality," all impacts resulting from the proposed project related to hydrology and water quality would be less than significant. Thus, hydrology and water quality impacts related to the proposed project would be less than significant and would not be cumulatively considerable. Noise The cumulative study area for noise includes all the projects listed on the cumulative projects list (Table 3 -32). Increases in noise in the vicinity of sensitive uses would occur during construction of the proposed project. Simultaneous construction of the proposed projects and related projects in the The Academy Charter High School 3 -114 June 2012 Initial Study /Mitigated Negative Declaration ICF 00914.11 l : eI1 City of Santa Ana Environmental Checklist vicinity of the proposed project area is not anticipated. As shown on Figure 3 -10, the closest project is the Wintersburg Presbyterian Church expansion project, which is approximately 350 feet away from the project site, and across North Fairview Street. The opening year for the Wintersburg Presbyterian Church project is 2012, and construction would be completed prior to construction of the proposed project. Thus, a cumulative construction noise impact related to these two projects would not occur. All other cumulative projects are located beyond hearing distance from the project site. Thus, noise from the proposed project would not create a cumulatively considerable impact if construction time frames overlapped with the other projects shown on Figure 3 -10. Therefore, construction noise from the project is not anticipated to combine with construction noise from other projects, and construction noise from the proposed project would not be cumulatively considerable. Further, as described in Section XII, "Noise," the City Municipal Code limits construction activities to between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday, and also prohibits construction activities on Sundays and public holidays. Because compliance with this construction time limit is required by the City Municipal Code, the proposed project and all other cumulative development would be exempt, and the cumulative impact associated with construction noise in the Santa Ana area would be considered less than significant. Lastly, because construction - related noise generated by the proposed project would be mitigated by implementation of the noise control measures provided in NOI -1, construction of the project would not result in a cumulatively considerable impact. Cumulative traffic noise impacts are considered for the buildout year 2035. The TIA was used to determine potential traffic- related noise impacts from the proposed project. The future roadway network surrounding the project site was modeled using the TNM noise model with the buildout year traffic volumes with and without the project. Table 3 -33 below shows the project's contribution to the buildout year. Table 3 -33, Cumulative Traffic Noise Modeledl Buildout Year (2035) Noise Receiver Receiver Location Level (dBA CNEL) Modeledl Buildout Year (2035) plus Project Noise Level (dBA CNEL) ST -1 Wintersberg Presbyterian Church 2000 71 71 Fairview Street ST -2 2229 Cotter Street 63 63 ST -3 2706 Strawberry Corner of Strawberry 51 51 and Sidney ST -4 DOiG Intermediate School 64 64 ST -5 Park Glen Apartment Complex 61 60 As shown, the project's traffic noise contribution would result in a zero to -1 dBA cumulative noise increase at sensitive receivers surrounding the project site. Thus, traffic noise generated from the The Academy Charter High School 1 202 initial Study /Mitigated Negative Declaration i[r 3-115 June ne 20 2 31 B -197 City of Santa Ana Environmental Checklist project would not increase noise levels and cumulative noise impacts associated with project - related traffic is less than significant. Likewise, Section X11, "Noise," describes the onsite noise generators of the proposed project, which includes outside activity areas, equipment, and parking lot noise. As described in Section X11, proposed activities on the project site would not result in significant noise impacts, and no mitigation measures are required. Similarly, the noise generated on the project site is not anticipated to substantially increase the ambient noise environment and would not be cumulatively considerable when combined with other foreseeable projects. Population and housing The cumulative study area for population and housing includes all of Orange County because the project is intended to serve youth currently residing throughout the County. Past, present, and reasonably foreseeable future projects are not anticipated to result in a cumulative population and housing impact in conjunction with the proposed project. The housing provided by the project would not increase the overall number of housing units in the City because the project would only provide group housing for students at the school. The project will not develop single- or multi- family residential units. Additionally, the proposed project would not induce substantial population growth because the 80 students that will reside onsite are current residents within Orange County. The project is focused on Orange County foster youth and would not introduce families or students to the area from outside of Orange County. As a result the project would not result in cumulative impacts related to housing. Additionally, because of the current job market, unemployment rate, and recent budget cuts that have affected school employees throughout California, the project is not anticipated to result in the need for employees to be relocated from distant areas. The project would not necessitate the need for construction of new housing or result in substantial population growth. Furthermore, the proposed project's impacts related to cumulative population and housing are less than significant. Public Services and Recreation The geographic setting for cumulative impacts to public services includes all areas within each public service provider's service area, or within the service areas of the SAFD, SAPD, Garden Grove USD, and the City of Santa Ana for parks and recreation services. Past, present, and reasonably foreseeable future projects have and would continue to be required to comply with existing regulations and existing fee structures regarding public services and impacts within the service areas for each of the City's public services are less than significant, and also not cumulatively considerable. The City's Municipal Code includes provisions for providing appropriate public services for development and residents throughout the City. The proposed project would be required to contribute a fair -share contribution to fire protection fees, pursuant to City Municipal Code (Resolution No. 6461), the City's Building Security Ordinance and CPTED principles for police protection services. As such, the proposed project's incremental contribution to public services impacts would not contribute to a cumulative impact. Utilities and Service Systems Cumulative impacts on utilities can result from the combined demand of the proposed project with past, present, and reasonably foreseeable future projects on any of the utilities for which the proposed project may have impacts. The geographic scope of the cumulative effect analysis of The Academy Charter High School 3 -116 June 2012 Initial Study /Mitigated Negative Declaration ICF00914.11 li : 5&01111967 City of Santa Ana Environmental Checklist utilities depends on the service area and capacity of each utility provider and the amount of increased demand for utility services from the proposed project, as well as related projects; and if this combined demand could reduce the availability of utility services. The service areas of the OCSD (wastewater), Santa Ana Public Works Agency (stormwater), Santa Ana Public Works Agency Water Resources Division and Metropolitan (water supply), and OCIWMD (solid waste) encompass the project site and surrounding area. Many of the projects identified in Table 3 -32 involve new or expanded land uses that may result in additional demand on utilities and service systems. These projects would likely require additional utility capacity. The construction of more capacity in various utility lines would be carried out as part of the individual projects or part of the City's infrastructure improvement plans. As discussed in Section XVII, "Utilities and Service Systems," all utility service providers project to have adequate capacity to meet demands resulting from present and reasonably foreseeable future projects. The proposed project would result in less- than - significant cumulative impacts on utilities and service systems. The proposed project would not require expansion or construction of new stormwater drainage facilities. Implementation of the proposed project will include project design features identified in Response IX(a) that will minimize runoff off site flows to existing stormwater facilities. The proposed project would not result in increased water demands requiring new or expanded entitlements of water supply. The proposed project is anticipated to utilize 43.4% less water than what was used daily by the previous medical uses on the site. Likewise, the anticipated peak flow, which is the amount of water that would need to be transmitted at one time through the infrastructure and to the project site, would also be 43.4% less than what was delivered at peak flow under the previous land uses. Because the project would utilize less water daily and annually than the previous site use, impacts to the water utility would not occur and would not result in cumulative impacts. As discussed in Section XVII, "Utilities and Service Systems," the proposed project is expected to be served from an upgraded sewer system that has been previously planned as part of the City's Sewer Master Plan, and is required per Mitigation Measure UTL -1, prior serving the project. Because project flows would be served by the improved sewer system and flows from the site will not be substantial in comparison to the treatment plant design capacity, the proposed project would not result in cumulative impacts to sewer or wastewater treatment facilities. In summary, the project's incremental contribution to the service demands of the utilities serving the project area is less than significant. Further, the project's contribution to utility service needs is not cumulative considerable and the proposed project would not result in significant cumulative utilities and service systems impacts. Transportation and Traffic The cumulative setting for transportation and traffic impacts includes all of the projects listed on Table 3 -32. The traffic generated from the cumulative projects is provided in Table 3 -34. The traffic cumulative analysis was prepared as part of the TIA (Appendix C), and includes the five intersections analyzed for the proposed project that occur within the project vicinity. The traffic implications of past, present, and reasonably foreseeable future projects include two near -term scenarios for the years 2013 and 2019 for Phase I and Phase 11, respectively, and a long -term scenario for the year 2035. Thresholds for impacts are determined in the same method as the The Academy Charter Nigh School 3 317 June 2012 Initial Study /Mitigated Negative Declaration ICE 0092012 •T0J City of Santa Ana Environmental Checklist project -level analysis using ICU increase of 0.010 or greater at a signalized intersection currently operating at LOS E or F. For unsignalized intersections, acceptable conditions include LOS C or better, per the HCM unsignalized methodology. Phase 1 Near -Term Cumulative Traffic Conditions —2013 Baseline traffic conditions in the Phase 1 near -term 2013 scenario comprise existing traffic conditions, ambient growth, foreseeable future roadway improvements, and traffic generated by cumulative projects numbers 1, 2, and 3 (listed in Table 3 -34 within the cumulative study area). Roadway improvements expected to occur by 2013 include the signalization of the intersection of Fairview Avenue and Edna Drive and would include protected turning phases in the north -south direction and a southbound left -turn pocket and a northbound U -turn pocket. As shown in Table 3- 35, intersection operations would not exceed the minimum acceptable LOS without the project in the year 2013, except for the signalized intersection of Fairview Street at 17th Street /Westminster Avenue, which would operate at LOS E in 2013 without the proposed project. As shown in Table 3 -35, the addition of project traffic would not result in an ICU increase of 0.010 or greater, indicating that the project will not significantly impact any of the signalized study intersections during either the AM or PM peak hour. Although the analyzed unsignalized intersections operate at LOS E or worse, the TIA determined that a traffic signal is not warranted. Thus, operation of Phase i will not significantly impact any of the analyzed unsignalized intersections during either the AM or PM peak hour. Further, the proposed project would not contribute to any cumulative impacts to intersections in the Phase I near -term 2013 condition. Phase 11 Near -Term Cumulative Traffic Conditions —2019 Baseline traffic conditions in the Phase 11 near -term 2019 scenario comprise existing traffic conditions, ambient growth of 1% per year over the seven -year period between the existing and opening year, and traffic generated by all cumulative projects (listed in Table 3 -32) within the cumulative study area. As shown in Table 3 -36, intersection operations would not exceed the minimum acceptable LOS without the project in the year 2019, except for the signalized intersection of Fairview Street at 17th Street /Westminster Avenue, which would operate at LOS E in 2019 without the proposed project. As shown in Table 3 -36, the addition of project traffic would not result in an ICU increase of 0.010 or greater, indicating that the project will not significantly impact any of the signalized study intersections during either the AM or PM peak hour. Although the analyzed unsignalized intersections operate at LOS E or worse, the TIA determined that a traffic signal is not warranted. Thus, operation of Phase II will not significantly impact any of the analyzed unsignalized intersections during either the AM or PM peak hour. Further, the proposed project would not contribute to any cumulative impacts to intersections or roadway segments in the Phase 11 near - term 2019 condition. Long -Term Cumulative Traffic Conditions —2035 Similar to near -term cumulative traffic conditions, baseline traffic conditions in the year 2035 comprise existing traffic conditions, ambient growth based on traffic forecasts from the OCTAM, and traffic generated by the cumulative projects as provided in Table 3 -32. As shown in Table 3 -37, the intersections of Fairview Street and Trask Avenue and Fairview Street and 17th Street /Westminster Avenue are anticipated to operate below the City's acceptable LOS The Academy Charter High School 3 118 June 2012 Initial Study /Mitigated Negative Declaration I f 00914.11 City of Santa Ana Environmental Checklist threshold of LOS D during both the AM and PM peak hours without project traffic in 2035. Table 3- 37 indicates that the addition of project trips would increase traffic at the intersection of Fairview Street and 17th Street /Westminster Avenue in the AM peak hour by a V/C ratio of 0.025, which is above the threshold of 0.010. As a result, the proposed project would contribute to a cumulatively significant impact at the intersection of Fairview Street at 17th Street/Westminster Avenue during the AM peak hour. The City of Santa Ana requires project impacts to be mitigated to an acceptable LOS, which is LOS D or better at the intersection of Fairview Street and 17th Street /Westminster Avenue. The TIA identified an intersection improvement that would add a dedicated westbound right -turn lane and a signal phasing modification at the intersection. Modifying the westbound approach from a left -turn lane, two through -lanes and a shared through right -turn lane; to a left -turn lane, three through -lanes and a dedicated right -turn lane along with a westbound right -turn overlap phase to the signal phasing would decrease the V/C ratio to an acceptable level. The V/C is projected to be 0.926 under Future Buildout Year (2035) Plus Project Conditions. However, implementation of the intersection improvements would reduce the V/C ratio to 0.898, which is within the City's standard acceptable threshold of LOS D. To mitigate the proposed project's contribution to the future cumulative traffic condition, the T1A provided a fair share calculation at the impacted intersection for the AM peak hour to determine the project's fair -share contribution to the proposed mitigation measure. The percentage was developed by taking the total project -only traffic volume and dividing it by the total increase in traffic volume between Existing (2012) and Future Buildout Year (2035) with Phase 11. The project's fair -share contribution percentage was calculated to be 4.5 %, and is implemented through Mitigation Measure TR -1 to complete intersection improvements at the intersection of Fairview Street at 17th Sheet/ Westminster Avenue. Incorporation of this mitigation would reduce the project's cumulatively considerable impacts to a less - than - significant level and with incorporation of Mitigation Measure TR -3, the intersection of Fairview Street at 17th Street /Westminster Avenue would operate at LOS D, which is an acceptable level. Traffic warrants would not be met under cumulative conditions in the long -term 2035 condition. Mitigation Measure TR -3: Prior to the issuance of occupancy permits, the applicant shall pay a fair - share contribution toward the Fairview Street at 17th Street /Westminster Avenue intersection improvements that involve modifying the westbound approach from a left -turn lane, two through - lanes and a shared through right -turn lane; to a left -turn lane, three through lanes and a dedicated right -turn lane along with a westbound right -turn overlap phase to the signal phasing. This fair - share contribution shall be 4.5% of the improvement cost. The City would be responsible for implementing the intersection improvements in the future prior to year 2035. The Academy Charter High School 3 119 June 2012 Initial Study /Mitigated Negative Declaration ICF0092012 31 B -201 City of Santa Ana Environmental Checklist Table 3 -34. Cumulative Projects Traffic Generation Forecast Source: Fehr & Peers 2012. Daily AM Peak Hour PM Peak Hour Related Project Description 2 -Way Enter Exit Total Enter Exit Total 1. Wintersburg Presbyterian Church 557 24 15 39 13 22 35 2, Vista del Rio - Affordable Disabled Housing 109 4 2 6 4 5 9 3. Torres MedicalOffice 217 11 3 14 6 15 21 4. Rite Aid /Walgreens 1,396 24 18 42 82 82 164 5. Compassion Meditation Center 686 30 19 49 16 28 44 6. One Broadway Plaza - Office Tower 5,703 707 96 803 131 641 772 One Broadway Plaza - Restaurant 2,034 96 88 184 105 73 178 7. Discovery Science Center Ph. 11 n/a n/a n/a n/a 7 12 19 8. Block at Orange Expansion 3,064 85 57 142 101 152 253 Source: Fehr & Peers 2012. Table 3 -35. Year 2013 Peak Hour Intersection Capacity Analysis N O Without Project With Project Significant Impact V/C Or V/C Or Key Time R W Delay Delay Intersection Period (seconds) LOS (seconds) LOS increase Yes /No Fairview Street at AM D 0.676 B 0.681 B 0.005 No Trask Avenue PM 0.670 B B 0.003 No 0.673 Fairview Street at AM C 0.506 A 0.531 A 0.025 No Edna Drive PM 0.623 B B 0.004 No 0.627 Fairview Street at AM C >50.0 (0.7) F (A) >50.0 (0.8) F fA) 0.100 No Huckleberry Road PM >50.0 (0.6) F (A) >50.0 (0.7) F (A) 0.100 No Fairview Street at AM C >50.0 (0.7) F (A) >50.0 (0.8) F (A) 0.100 No Strawberry Lane PM >50.0 (1.3) F (A) F (A) 0.000 No >50.0 (1.3 ) Fairview Street at . AM D 0.703 C 0.708 C 0.005 No 171h Street/ PM 0.918 E 0.923 E 0.005 No Westminster Avenue Source: Fehr & Peers, Traffic Impact Analysis, 2012. The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 3 -120 ICF00914.11 ,i - 1Y City of Santa Ana Table 3 -36. Year 2019 Peak Hour Intersection Capacity Analysis Environmental Checklist i ne ncaaemy t.narter High School June 2012 Initial Study /Mitigated Negative Declaration 3 -121 ICF 00914.11 31 B -203 N a a Without Project With Project Significant Impact V/C or V/C or Key Time Delay Delay Intersection Period (seconds) LOS (seconds) LOS Increase Yes /No Fairview Street at AM D 0.716 C 0.724 C No Trask Avenue PM 0.008 No 0.717 C 0.722 C 0.005 Fairview Street at AM C 0.553 A 0.581 A No Edna Drive PM 0.028 No 0.670 B 0.676 B 0.006 Fairview Street at AM C >50.0 (1.0) F (A) >50.0 (1.2) F (A) No Huckleberry Road PM 0.200 No >50.0(1.0) F(A) >50.0(1.0) F(A) 0.000 Fairview Street at AM C >50.0 (1.1) F(A) >50.0 (1.2 ) F(A) No Strawberry Lane PM 0.100 No >50.0(2.1) F(A) >50.0(2.2) F(A) 0.100 Fairview Street at AM D 0.765 C 0.773 C 0.008 No 17w Street/ PM 0.006 No Westminster 0.993 E 0.999 E Avenue Source: Fehr & Peers, Traffic Impact Analysis, 2012. i ne ncaaemy t.narter High School June 2012 Initial Study /Mitigated Negative Declaration 3 -121 ICF 00914.11 31 B -203 City of Santa Ana Environmental Checklist Table 3 -37. Year 2035 Peak Hour Intersection Capacity Analysis 0 a ! Without Project With Project Significant Impact E= .o n. V/C or V/C or Key Time v Delay Delay Intersection Period '-e' (seconds) LOS (seconds) LOS Increase Yes /No Fairview Street at AM D 0.906 E 0.914 E 0.008 No Trask Avenue PM 0.005 No 0.919 E 0.924 E Fairview Street at AM C 0.673 B 0.701 C 0.028 No Edna Drive PM 0.006 No 0.876 D 0.882 D Fairview Street at AM C >50.0 (4.1) F (A) >50.0 [ 4.8 ) F (A) No 0.7 Huckleberry Road PM 0.3 No >50.0 (6.9) F (A) >50.0 ( 7.2 ) F(A) Fairview Street at AM C >50.0 (4.3) F (A) >50.0 ( 5.0) F (A) No 0.7 Strawberry Lane PM 0.4 No >50.0 (11.2) F (B) >50.0 ( 11.6) F(B) Fairview Sheet at AM D 0.901 E 0.926 E 0.025 yes 17th Street/ PM 0.006 No Westminster 1.214 F 1.220 F Avenue Source: Fehr & Peers, Traffic Impact Analysis, 2012. c. Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? Less - than - Significant Impact with Mitigation Incorporated. Based on the analysis of the above - listed topics, the proposed project would have potentially significant environmental effects on aesthetics, air quality, biological resources, greenhouse gasses, geology and soils, noise, traffic, and utilities that could cause substantial adverse effects on human beings, either directly or indirectly. However, implementation of mitigation measures as provided within each of these resource topic sections of this environmental checklist would reduce project- related potentially significant impacts to a less- than - significant level. Therefore, after implementation of mitigation measures, the proposed project would result in a less- than - significant environmental impact to human beings. The Academy Charter High School Initial Study /Mitigated Negative Declaration 3 -122 1� June 2012 ICF 00914.11 I Chapter 4 References Aesthetics Caltrans, 2011. Officially Designated State Scenic Highways and Historic Parkways. Available: <http: / /www. dot. ca. gov/ hq/ LandArch /scenic_Iligliways /index.htm >. Accessed: January 2012. Agriculture California Department of Conservation. 2008. Orange County Important Farmland 2008. Available: <ftp: / /ftp.consrv.ca.gov/ pub /dlrp /FMMP /pdf /2008 /ora08.pdf >. Accessed: January 22, 2012. Air Quality California Air Resources Board (CARE). 2011. Federal and State ArnbientAir Quality Standards. February 18, 2011. Available:< http:// www .arb.ca.gov /html /lawsregs,htm >. Accessed: March 15, 2012. California Air Resources Board (CARB). 2011. Top 4 Measurements and Days above the Standard. Available: < http: / /www.arb.ca. gov /adain /topfoui-/topfourl.php >. Accessed: March 15, 2012. Garza, Vicente J., Peter Graney, Daniel Sperling (1997) Transportation Project -Level Carbon Monoxide Protocol. Institute of Transportation Studies, University of California, Davis, Research Report UCD- ITS- RR- 96 -01. Environmental Protection Agency (EPA). 2011. The Green Book NonattainmentAreas for Criteria Pollutants. 30 August 2011. Available:< http: / /www.epa.gov /oagps001 /greenbk / >. Accessed: March 5, 2012. Felrr & Peers. 2012. The Academy Charter High School Traffic InrpactAnalysis, Draft. Irvine CA. Prepared by Fehr & Peers, Irvine, CA. South Coast Air Quality Management District (SCAQMD). 1993. CEQAAir Quality Handbook. November. Available: < http : / /www.agmd.gov /cega /lidbk.html >. Accessed: March 5, 2012, South Coast Air Quality Management District (SCAQMD). 1993. CEQA Air Quality Handbook. Revised November. South Coast Air Quality Management District (SCAQMD). 2003. Localized Significance Threshold Methodology for CEQA Evaluations. June 2003, South Coast Air Quality Management District (SCAQMD). 2006. Particulate Matter (PM) 2.5 Significance Thresholds and Calculation Methodology. October 2006. Available:< http: / /www.agmd.gov /cega /handbook /PM2_5 /finalineth.doc >. Accessed: March 5, 2012. The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 4 -1 ICF 00914.11 31 B -205 City of Santa Ana References South Coast Air Quality Management District (SCAQMD). 2007. Air Quality Management Plans. Available: < Iittp:// www. agmd.gov /agnip /AQMPintro.htni >. Accessed: March 5, 2012 South Coast Air Quality Management District (SCAQMD). 2008. Multiple Air Toxics Exposure Study (MATES Ill). September. Available: http:// www. agmd. gov/ prdas/ iiiateslll/ MATES1i ]FinalReportSept2008.litinl >. Accessed: March 5, 2012. South Coast Air Quality Management District (SCAQMD). 2009. Localized Significance Threshold Methodology for CEQA Evaluations: Appendix C. Last revised: 21 October 2009 Available:< http: / /www.agmd.gov /cega /handbook /LST /appC.pdf >. Accessed: March 5, 2012. South Coast Air Quality Management District (SCAQMD). 2011. Meteorological Sites. Available: http: / /www.agmd.gov/ smog /nietdata /AERMOD- Tablel.htm]. Accessed: March 5, 2012 South Coast Air Quality Management District (SCAQMD). 2011. Meteorological Data for ISCST3 for Anaheim. Last revised: 21 May 2009 Available:< lrttp: / /www.agmd.gov/ smog / metdata / datafiles /metdata /ANAHEIM.ASC >. Accessed: March 5, 2012. South Coast Air Quality Management District (SCAQMD). 2011. Carbon Monoxide Concentrations - Projected Future Year 1 -Hour Concentration (ppm). Available http: / /www.agmd.gov /cega /handbook /CO /co- tableZ,doc. Accessed: March 5, 2012. South Coast Air Quality Management District (SCAQMD). 2011. Carbon Monoxide Concentrations - Projected Future Year 8-Hour Concentration (ppm). Availab le:http: / /www.agmd.gov /cega/ handbook /CO /co_table3.doc.Accessed: March 5, 2012. South Coast Air Quality Management District (SCAQMD). 2012. Air Quality Management Plans. Available: < http:// www. agmd .gov /agmp /2012agmp /index.htm >. Accessed: March 5, 2012 Western Regional Climate Center (WRCC). 2012. Los Angeles Area, California Climate Summaries. Santa Ana Fire Station, California (047888). Available: < littp://www.wrcc.dri.edu/cgi- bin /cliMAIN.pl ?ca7888 >. Accessed: March 5, 2012. Cultural Resources Dice, Michael. 2002. An Archaeological Resources Assessment of the Fairview Street Resurface Project (17th Street to North City Limit), City of Santa Ana, California. Filed under Survey No.2457 at the South Central Coastal Information Center, Fullerton. jertberg, Patricia and Jane Rosenthal. 1997. Prehistoric and Historic Resource Assessment for the Fairview Street Improvement Initial Study /Environmental Assessment, Located in Garden Grove, Santa Ana and unincorporated Orange County. Filed under Survey No. 1639 at the South Central Coastal Information Center, Fullerton. Dice1997 Prehistoric and Historic Resource Assessment for the Fairview Street Improvement Initial Study /ErrvirorrmentalAssessment, Located in Garden Grove, Santa Ana and unincorporated Orange County. Filed under Survey No.1639 at the South Central Coastal Information Center, Fullerton. The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration a 2 ICF 00914.11 II: City of Santa Ana References McLeod, Samuel A. Vertebrate Paleontologist. Natural History Museum of Los Angeles County, Los Angeles, CA. January 17, 2012 — Personal Communication. 2012 Vertebrate Paleontology Records Check for the Proposed Orangewood Academy Charter High School, in the City of Santa Ana, Orange County, California. Natural History Museum of Los Angeles County, Los Angeles, CA. January 17, 2012, Geology California Department of Conservation, Division of Mines and Geology, 1998. State of California Seismic Hazard Zones Anaheim Quadrangle. Released: April 15, 1998. Available: < Irttp: / /gmw.consrv.ca.gov /shnip /download /pdf /ozn_anah,pdf >. Accessed: January 30, 2012. City of Santa Ana. 1982. City of Santa Ana General Plan Seismic Safety Element. Adopted September 20, 1982, Reformatted January 2010. Santa Ana, California. Greenhouse Gas Emissions California Air Resources Board (CARB), 2011. Trends in California Greenhouse Gas Emissions for 2000 to 2000. December. Available: http: / /www. arb.ca. gov /cc /inventory /pubs /repo its /glig_inven tory_0 0- 09_trends.pdf California Climate Action Registry (CCAR). 2009. General Reporting Protocol, Reporting Entity-Wide Greenhouse Gas Emissions, version 3.1. Available: http : / /www.climatei,egistry.org /. January. California Climate Change Center (CCCC). 2006. Our Changing Climate: Assessing the Risks to California. July. California Energy Commission (CEC). 2006. Inventory of California Greenhouse Gas Emissions and Sinks 1990 to 2004. December. Intergovernmental Panel on Climate Change (IPCC). 2007. Climate Change 2007: The Physical Science Basis: Summary for Policyrnakers. February. Hazards and Hazardous Materials Athanor. 2011a. Phase I Environmental Site Investigation, May 10, 2011. Prepared by Athanor Environmental Services, Inc. Athanor. 2011b. Environmental Site Assessment Soil and Groundwater Investigation, June 7, 2011. Prepared by Athanor Environmental Services, Inc. County of Orange Health Care Agency Environmental Health Services. 2011. Certified Unified Program Agency. Available: <http: / /www.occupainfo.com >. Accessed: January 2011. The Academy Charter High School June 20f2 Initial Study /Mitigated Negative Declaration 4 -3 ICF 00914.11 31 B -207 City of Santa Ana References County of Orange. n.d. Wildland Fire. Available: < http: / /www,ocgov.com /vgnfiles /ocgov /EOC /Doc /WILDLAND %20FIRE.pdf >. Accessed: January 27, 2012. Hydrology and Water Quality City of Santa Ana. 2010. City of Santa Ana General Plan. Reformatted January 2010. Santa Ana, California. Coast Community Colleges Hazard Mitigation Plan (CCCD), 2011. Available: >Iittp: / /www.cccd.edu /hazardmitigation / http:// www .cccd.edu /hazard_mitigation /. Accessed: February 16, 2012. County of Orange. 2005. Orange County and Operation Area Emergency Operations Plans, Tsunami Annex. Available: <http: / /egov.ocgov.com /vgnfiles /ocgov /EOC /Doc /TsutianiiAnnex- CountyPlanModification.pdf >. Accessed: June 22, 2011. Orange County Flood Control District ( OCFCD). 2008. Base Map of Drainage Facilities in Orange County. Sheet No. 29. DWG No. MAPS - 113 -3. Last revised: July 22, 2008. Available: <http: / /www.ocflood.com/ Documents/ DrainageMaps /DrainageFacilitiesBaselndexMap .pdf >. Accessed: December 30, 2011. Orange County Flood Control District. 2011a. OC Flood Santa Ana River Project. Available: < http : / /www.ocflood.com /SARP.aspx >. Accessed: September 20, 2011. Orange County Flood Control District. 2011b. OCFCD Drainage System. Available: <http: / /www.ocflood.coin /Documents/ pdf /OCFCD_facilities _ o_map,pdf >. Accessed: September 20, 2011. Orange County Water District. 2009. Groundwater Management Plan. Available: http : / /www.ocwd.com /fv- 769.aspx. Accessed: August 19, 2011. Orange County Water District. 2012. Groundwater Recharge Operations. Available: <http: / /www.ocwd.com/ Groundwater - Recharge /ca- 34.aspx >. Accessed: January 3, 2012. Santa Ana Regional Water Quality Control Board (Santa Ana RWQCB). 2003. General Waste Discharge Requirements for Discharges to Surface Waters that Pose and Insignificant (De Minimus) Threat to Water Quality. Available: < http: / /www.swi-cb.ca.gov /rwgcbB/ board_ decisions /adopted_orders /orders /2003/03_061, ge n_wdr 08222003.pdf >. Accessed: September 20, 2011. State Water Resources Control Board (SWRCB). 2006.2006 CWA Section 303(d) List of Water Quality Limited Segments with the three categories: Requiring TMDLs, Being Addressed by USEPA Approved TMDLs, and Being Addressed by Actions Other Than TMDLs. Available: <http: / /www.watei•boards.ca.gov /water issues/ programs/ tindl /303d_lists2006_approved.stit ml >. Accessed: January 3, 2012. State Water Resources Control Board (SWRCB). 2011. Available: <http: / /www.wate rboards.ca.gov /water_issties /programs /tmdl /integrated 2010.shtml >. Accessed: September 20, 2011. The Academy Charter High School 4-4 June 2012 Initial Study /Mitigated Negative Declaration [CF 00914. 11 li : d:� City of Santa Ana Noise References Federal Transit Administration. 2006. Transit Noise and Vibration irnpactAssessment. May. Available: http: / /www.fta. dot. gov / documents /FTA_Noise_and_Vibi-ation_Manual /pdf. Accessed: April 2012. Jones & Stokes. 2004. Transportation- and construction- induced vibration guidance manual. June. (J &S 02 -039.) Sacramento, CA. Prepared for California Department of Transportation, Noise, Vibration, and Hazardous Waste Management Office, Sacramento, CA. LSA. 2008. Noise hnpactAnalysisAlton & Milikan Apartments Final. TCC0602. Irvine CA. Prepared by LSA Associated, Irvine, CA. Public Services Smith, Lori. Administrative Chief /Fire Marshal, Santa Ana Fire Department, Santa Ana, CA. January 10, 2012 — Email. Transportation /Traffic Fehr & Peers. 2012. The Academy Charter High School Traffic hnpactAnalysis Draft. Irvine CA. Prepared by Felir & Peers Irvine CA. Linscott, Law, & Greenspan. 2012. Pal king Needs Assessment and Special Event Parking Management Plan, Draft. Santa Ana CA. Prepared by Linscott, Law, & Greenspan. Santa Ana CA. Utilities and Service Systems California Integrated Waste Management Board (CIWMB). Estimated Solid Waste Generation Rates by California integrated Waste Management Board. Available: http; / /www.ciwmb.ca. gov /wastechar /wastegenrates /. Accessed January 31, 2012. City of Santa Ana. 2005. Urban Water Management Plan. November. Also available: <http: / /www,scag.ca.gov /rcp /pdf /uwinp/ Orange /CityofSantaAna200SUWMP.pdf >. City of Santa Ana. 2009. Citywide Design Guidelines. Available: < littp://www.santa- ana.org /pba /planning/ documents / Chapter _16_BicycleFacilities.pdf >. Accessed: February 2012. Department of Resources Recycling and Recovery (CalRecycle). California Waste Stream Profiles: Facilities. Available: littp: / /www.cah'ecycle.ca.gov /profiles /Facility/Landfill /. Accessed: January 31, 2012. Orange County Flood Control District. 2000. Basenlap of Drainage Facilities in Orange County, Section 38. Available: <http: / /www.ocflood.com/ documents /DrainageMaps /ocfd38.pdf >. Accessed: January 31, 2012. The Academy Charter High School tune 2Q12 Initial Study /Mitigated Negative Declaration 4 -5 ICF00914.11 li : 1P% City of Santa Ana References Orange County Sanitation District (OCSD). 2010. Capital Improvement Program, Fiscal Year 2009- 2010 Update. Available: www. ocsd. cons/ civica /filebank /blobdioad.asp ?BloblD =7983. Accessed: February 2012. Orange County Sanitation District (OCSD). 2012. Fountain Valley Wastewater Reclamation Facility. Available: <http: / /www. ocsd .com /construction /fountai»_val ley_wastewater_reclamation_faci city /default. asp>. Accessed: February 2012. The Academy Charter High School June 2012 initial Study /Mitigated Negative Declaration 4 -6 ICF 00914.11 'J Chapter 5 List of Preparers City of Santa Ana Lucy Linnaus Senior Planner Vince Fregoso Principal Planner ICF International Chad Beckstrom Project Director Renee Escario Project Manager Aaron Brownwood CEQA Analyst Tanya Jones CEQA Analyst Keith Cooper Air Quality and Greenhouse Gas Specialist Nick Dreves Air Quality and Greenhouse Gas Specialist Peter Lagenfeld Aesthetics Tim Messick Aesthetics Mark Robinson Cultural Resources Mike Greene Noise Specialist Peter Hardie Noise Specialist David Duncan GIS /Graphics Nathan Woodside Editor Fehr & Peers Jason D Pack, P.E. Traffic Study Rafael Cobian, P.E., LEED GA Traffic Study The Academy Charter High School Initial Study /Mitigated Negative Declaration 5 -1 31B -211 June 2012 ICF 00914. 11 City of Santa Ana Fuscoe Engineering Ian Adam, CPSWQ /LEER AP /QSD, Principal Bob Strong, PE Puneet Comar, P.E. Sewer Study Sewer Study Sewer Study List of Preparers The Academy Charter High School June 2012 Initial Study /Mitigated Negative Declaration 5 -2 ICF 00914.11 31B -212 Appendix Appendices A -D are provided on the attached CD. 31B -213 31 B -214 MITIGATION MONITORING PLAN THE ACADEMY CHARTER HIGH SCHOOL PREPARED FOR: City of Santa Ana Planning and Building Agency 20 Civic Center Plaza, M -20 Santa Ana, CA 92701 Contact: Vince Fregoso PREPARED BY: ICF International 1 Ada, Suite 100 Irvine, CA 92618 Contact: Chad Beckstrom, AICP 949/333 -6600 August 2012 11111....- INTERNATIONAL EXHIBIT 9 31B -215 City of Santa Ana Introduction Mitigation Monitoring and Reporting Program The California Public Resources Code, Section 21081.6(a)(1), requires that a lead or responsible agency adopt a mitigation monitoring plan when approving or carrying out a project when an IS /MND identifies measures to reduce potential adverse environmental impacts. As lead agency for the proposed project, the City is responsible for adoption and implementation of the mitigation monitoring plan. An IS /MND for the project has been prepared to address the potential environmental impacts and, where appropriate, recommend measures to mitigate these impacts. As such, a mitigation monitoring plan is required to ensure that the adopted mitigation measures are successfully implemented. This plan lists each mitigation measure, describes the methods for implementation and verification, and identifies the responsible party or parties. Project Overview The proposed project consists of development and operation of a residential private charter high school on an approximately 7.2 -acre project site located at 1901 -1919 North Fairview Street in the northwestern portion of the City of Santa Ana. Orangewood Children's Foundation is proposing to construct and operate a new charter high school on the former Santa Ana Hospital Medical Center site in the City of Santa Ana. The project will consist of two new education buildings, one administrative /library building, and a gymnasium to accommodate 450 students. Ancillary to the school, the applicant is also proposing three residential buildings and one administrative /support building to accommodate 80 students that would reside onsite. The proposed project requires a CUP to allow a school, a variance to deviate from building and garden wall height limit requirements, a lot merger, and a variance to reduce the amount of required parking spaces. Additional details may be found in the Initial Study /Mitigated Negative Declaration for the project (June 2012). Monitoring and Reporting Procedures The mitigation monitoring plan for the proposed project will be in place through all phases of the project, including design, construction, and operation. The City will be responsible for administering the mitigation monitoring plan and ensuring that all parties comply with its provisions. The City may delegate monitoring activities to staff, consultants, or contractors. The City will also ensure that monitoring is documented through periodic reports and that deficiencies are promptly corrected. The designated environmental monitor will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to rectify problems. The Academy Charter High School Initial Study /Mitigated Negative Declaration August 2012 ICF 914.11 City of Santa Ana Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Implementation Table 1 lists each mitigation measure included in the draft MND. Certain inspections and reports may require preparation by qualified individuals and these are specified as needed. The timing and method of verification for each measure are also specified. 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The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Conditional Use Permit No. 2012- 17 to allow the construction of The Academy Charter High School in the Professional (P) zoning district and Variance No. 2012 -06 to allow a parking reduction and structure and fence that both exceed the maximum height limits for the property located at 1901 North Fairview Street. B. Conditional Use Permit No. 2012 -17 and Variance No. 2012 -06 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on August 13, 2012. C. Santa Ana Municipal Code Section 41- 313.5(c) allows a school use in the Professional (P) zoning district subject to the issuance of a conditional use permit. D. Santa Ana Municipal Code Section 41- 638(a)(1) authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. That the proposed use will provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The project will provide a service or facility which will contribute to the community. The Academy Charter High School is designed to meet the educational needs of foster youth by providing these special young people with a high quality high school education and firm base of support. It will provide County teens and other educationally at -risk youth with a solid foundation for life, instilling in them the skills and confidence needed to live healthy and productive lives. Resolution No. 2012 -07 31 B-227 Page 1 of 8 2. That the proposed use will 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 Academy will not be detrimental to persons residing or working in the area as the project has been designed to address potential issues such as traffic, parking, noise and lighting. The school has been designed to be separated from the adjacent residential uses by a perimeter block wall, which will minimize the impacts to the persons residing nearby. Additionally, the campus design enables the site to be secured during off hours. 3. That the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area but will instead identify the site as a viable site to conduct business. The site was previously occupied by medical and hospital uses that vacated the site and left the property in a state of disrepair. The Academy will help revitalize the area by providing a new high school campus on a vacant parcel of land. The reuse of the site, in conjunction with the improvements that will be made to the site, will enhance the economic viability of the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The use will be in compliance with all regulations and provisions of Chapter 41 (Zoning Code) of the Santa Ana Municipal Code, with the exception of parking, building height and fence height. An application for variances from these standards is being processed concurrently with the conditional use permit. 5. That the proposed use will adversely affect the General Plan or any specific plan of the City. The proposed use will not adversely affect the General Plan as the school is consistent with several goals of the General Plan. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs, Goal 3 supports projects that improve the character and integrity of neighborhoods, and Goal 5 ensures that the impacts of development are mitigated. Finally, the project complies with Goal 1 of the Educational Element to provide sufficient educational services and facilities to meet the City's needs. Resolution No. 2012 -07 31 B -228 Page 2 of 8 E. Variance No. 2012 -05 (a) has been filed with the City of Santa Ana seeking to reduce the required parking from 277 parking spaces to 146 parking spaces. Santa Ana Municipal Code Section 41 -1401 requires one (1) space per 150 feet of classroom area, one (1) space per 333 square feet of office area, and one (1) space per two (2) beds. F. Santa Ana Municipal Code Section 41- 638(a)(2) authorizes the Planning Commission to grant a variance upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, 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 project site has a special circumstance related to its size, shape and location. Due to the location and constraints of the site, which is surrounded by development, the project is unable to provide the code required parking. To determine an alternate parking demand for the school, a parking and special needs assessment was prepared by the traffic engineering firm of Linscott Law & Greenspan. The study concluded that a maximum parking demand of 146 would be required for the school, including all staff and residents. Applying the strict letter of the parking code would, in this particular case, deprive the subject property of attracting a use to the property that is otherwise allowed in the P zone and would deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. 2. 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 is necessary for the preservation and enjoyment of substantial property rights. Compliance with the parking standards would prohibit the construction of a needed high school campus for at -risk youths on the premises. The strict application of the standards would result in the need to reduce classroom space for the campus, which would impact the ability of the Orangewood Foundation to provide sufficient learning facilities at this location. Therefore, the granting of the variance will preserve the property owners right to develop a vacant property with a use that is allowed in the zoning district. The new use will help to revitalize the area through the reuse of a vacant property, which will preserve the Resolution No. 2012 -07 31 B-229 Page 3 of 8 property owners right to upgrade, develop and lease their property. 3. 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 will not be detrimental to the public or surrounding properties as the building and site is proposed to comply with all applicable development standards except for the parking, building height and fence height requirements. The project has been designed to minimize impacts to the adjacent residential properties through site design and conditions of approval. 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan. The Academy Charter High School is consistent with several goals of the General Plan. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs, Goal 3 supports projects that improve the character and integrity of neighborhoods, and Goal 5 ensures that the impacts of development are mitigated. Further, the project is in compliance with Goal 1 of the Educational Element, which encourages development that provides sufficient educational services and facilities to meet the City's needs. G. Variance No. 2012 -06 (b) has been filed with the City of Santa Ana seeking to construct a three -story, forty -seven (47) foot tall classroom structure, and a thirty -seven (37) foot tall gymnasium within 140 feet of residentially used property. Santa Ana Municipal Code Section 41- 314(b) establishes the maximum height of buildings to thirty -five (35) feet in height if located within 140 feet of residentially used property. H. Santa Ana Municipal Code Section 41- 638(a)(2) authorizes the Planning Commission to grant a variance upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, 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 project site has a special circumstance related to its size, shape and location. Due to the site being surrounded by development, the applicant is unable to obtain additional land to build structures that are lower in height. And, it is unfeasible to construct a gymnasium facility with a lower Resolution No. 2012 -07 31 B -230 Page 4 of 8 ceiling due to the types of activities occurring in the structure, which require high ceiling. And, the granting of the height variance will allow the construction of a gymnasium use that is typically found on a high school campus. As a result, special circumstances exist that warrant a variance. 2. 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 is necessary for the preservation and enjoyment of substantial property rights. Compliance with the building height standard would prohibit the construction of a needed high school campus for at -risk youths on the premises. The strict application of the standards would result in a reduction in square footage for the campus, which would make the school unfeasible at this location. The granting of the variances will preserve the property owners right to develop a vacant property with a use that is allowed in the zoning district and revitalize the area through the reuse of a vacant property, which will preserve the property owners right to upgrade, develop and lease their property. 3. 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 will not be detrimental to the public or surrounding properties as the building and site is proposed to comply with all applicable development standards except for the parking, building height and fence height requirements. The project has been designed to minimize impacts to the adjacent residential properties through site design and conditions of approval. 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan. The project is consistent with several goals of the General Plan. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs, Goal 3 supports projects that improve the character and integrity of neighborhoods, and Goal 5 ensures that the impacts of development are mitigated. Further, the project is consistent with Goal 1 of the Educational Element, which encourages development that provides sufficient educational services and facilities to meet the City's needs. Approval of the variance will allow the construction of a new high school that will serve the needs of at -risk youths in the community. Resolution No. 2012 -07 31 B -231 Page 5 of 8 Variance No. 2012 -05 (c) has been filed with the City of Santa Ana seeking to install a six (6) foot high wall along the property line to separate the site from the residential uses to the east. Santa Ana Municipal Code Section 41 -322 limits the height of perimeter walls to 42 inches in height if within twenty (20) feet of a property line abutting a street. J. Santa Ana Municipal Code Section 41- 638(a)(2) authorizes the Planning Commission to grant a variance upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, 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 project site has a special circumstance related to its size, shape and location. Due to the location of the site, which is surrounded by residential development, an existing six foot high wall currently exists around the project perimeter. This wall served to separate the former hospital and office uses from the surrounding residences. Due to the location of a street at the east (rear) of the property, the maximum allowable fence height is 42 inches. A variance from the fence height standard will allow the adjacent residences to maintain their privacy and minimize impacts such as light and noise by allowing the existing six foot high fence to remain. 2. 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 is necessary for the preservation and enjoyment of substantial property rights. Compliance with the fence height standard would prohibit the operation of a needed high school campus for at -risk youths on the premises and would subject the adjacent residential uses to potential impacts such as noise, light intrusion, parking intrusion and trespassing. Additional, a reduced fence height would result in trespassing onto the high school campus. The granting of the variance will preserve the property owners right to develop a vacant property with a use that is allowed in the zoning district. 3. 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 will not be detrimental to the public or surrounding properties as the building and site has been designed to comply with all applicable development Resolution No. 2012 -07 31 B-232 Page 6 of 8 standards except for the parking, building height and fence height requirements. The project has been planned to minimize impacts to the adjacent residential properties through site design and conditions of approval. 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan. The Academy Charter High School is consistent with several goals of the General Plan. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs, Goal 3 supports projects that improve the character and integrity of neighborhoods, and Goal 5 ensures that the impacts of development are mitigated. In addition, the project is in compliance with Goal 1 of the Educational Element, which encourages development that provides sufficient educational services and facilities to meet the City's needs. Section 2. In accordance with the California Environmental Quality Act, Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011 -74, has been prepared for this project. The Planning Commission has reviewed and considered the information contained in the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011 -74, prepared with respect to this project, and has determined that the Mitigated Negative Declaration and Mitigation Monitoring Program adequately addresses the expected environmental impacts of the project. On the basis of this review, the Planning Commission 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. Thus, the Planning Commission hereby certifies and approves the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011 -74. Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves for the property located at 1901 North Fairview Street: 1. Conditional Use Permit No. 2012 -17, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a school use in the Professional (P) zoning district. 2. Variance No. 2012 -06 (a), as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a reduction in required parking for the high school. 3. Variance No. 2012 -05 (b), as conditioned in Exhibit "C" attached hereto and incorporated herein, to exceed the allowable building height. 4. Variance No. 2012 -05 (c), as conditioned in Exhibit "D" attached hereto and incorporated herein, to exceed the allowable fence height. Resolution No. 2012 -07 31 B -233 Page 7 of 8 These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated August 13, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of August, 2012 by the following vote: AYES: Commissioners: Acosta, Alderete, Gartner, Mill, Nalle, Yrarrazaval(6) NOES: Commissioners: None (0) ABSENT: Commissioners: Turner (1) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2012 -07 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 13, 2012 Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2012 -07 31 B -234 Page 8 of 8 EXHIBIT A Conditions for Conditional Use Permit No 2012 -17 Should the Planning Commission approve Conditional Use Permit No. 2012 -17, the approval is subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the 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 the conditional use permit. A. Planning Division All proposed improvements must conform to the Site Plan Review approval of DP No. 2011 -31 and the staff report exhibits. 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 variance must be amended. 3. The occupancy of the on -site housing units shall be limited to students attending the school, houseparent's of the family units, and the children of the houseparent's. No other occupants are permitted on the premises. 4. Prior to issuance of building permits, a Student Vehicle Registration Program shall be submitted for review and approval. The Program needs to be designed to restrict parking to approximately 80 student drivers commuting to the campus on a regular basis. 5. Prior to issuance of building permits, a Parking Management Plan identifying off -site parking for special events needs to be approved by the Planning Division. Any reciprocal parking agreement associated with the Plan must also be secured prior permit issuance. 6. Prior to issuance of building permits, the lot merger for the project shall be recorded. 31 B -235 AUGUST 13, 2012 PAGE 2OF2 B. Police Department 1. Prior to issuance of building permits, provide a security plan which describes how the students will be supervised while living on campus. The security plan shall include the use of security personnel and cameras. 2. Knox box access for Police personnel shall be provided at all exterior gates and at the entrances to the common areas of the residential units and /or buildings. EXHIBIT B Conditions for Variance No 2012 -06 (a) Should the Planning Commission approve Variance No. 2012 -06 (a), the approval is subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this 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 the variance. A. Planning Division All proposed improvements must conform to the Site Plan Review approval of DP No. 2011 -31 and the staff report exhibits. 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 variance must be amended. 3. The occupancy of the on -site housing units shall be limited to students attending the school, houseparent's of the family units, and the children of the houseparent's. No other occupants are permitted on the premises. 4. Prior to issuance of building permits, a Student Vehicle Registration Program shall be submitted for review and approval. The Program needs to be designed to restrict parking to approximately 80 student drivers commuting to the campus on a regular basis. 5. Prior to issuance of building permits, a Parking Management Plan identifying off -site parking for special events needs to be approved by the Planning Division. Any reciprocal parking agreement associated with the Plan must also be secured prior permit issuance. 6. Prior to issuance of building permits, the lot merger for the project shall be recorded. 31 B -237 AUGUST 13, 2012 PAGE 2OF2 B. Police Department Prior to issuance of building permits, provide a security plan which describes how the students will be supervised while living on campus. The security plan shall include the use of security personnel and cameras. 2. Knox box access for Police personnel shall be provided at all exterior gates and at the entrances to the common areas of the residential units and /or buildings. 41: EXHIBIT C Conditions for Variance No 2012 -06 (b) Should the Planning Commission approve Variance No. 2012 -06 (b), the approval is subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this 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 the variance. A. Planning Division All proposed improvements must conform to the Site Plan Review approval of DP No. 2011 -31 and the staff report exhibits. 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 variance must be amended. 3. The occupancy of the on -site housing units shall be limited to students attending the school, houseparent's of the family units, and the children of the houseparent's. No other occupants are permitted on the premises. 4. Prior to issuance of building permits, a Student Vehicle Registration Program shall be submitted for review and approval. The Program needs to be designed to restrict parking to approximately 80 student drivers commuting to the campus on a regular basis. 5. Prior to issuance of building permits, a Parking Management Plan identifying off -site parking for special events needs to be approved by the Planning Division. Any reciprocal parking agreement associated with the Plan must also be secured prior permit issuance. 6. Prior to issuance of building permits, the lot merger for the project shall be recorded. AUGUST 13, 2012 PAGE 2OF2 B. Police Department Prior to issuance of building permits, provide a security plan which describes how the students will be supervised while living on campus. The security plan shall include the use of security personnel and cameras. 2. Knox box access for Police personnel shall be provided at all exterior gates and at the entrances to the common areas of the residential units and /or buildings. I EXHIBIT D Conditions for Variance No 2012 -06 (c) Should the Planning Commission approve Variance No. 2012 -06 (c), the approval is subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the 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 variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division All proposed improvements must conform to the Site Plan Review approval of DP No. 2011 -31 and the staff report exhibits. 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 variance must be amended. 3. The occupancy of the on -site housing units shall be limited to students attending the school, houseparent's of the family units, and the children of the houseparent's. No other occupants are permitted on the premises. 4. Prior to issuance of building permits, a Student Vehicle Registration Program shall be submitted for review and approval. The Program needs to be designed to restrict parking to approximately 80 student drivers commuting to the campus on a regular basis. 5. Prior to issuance of building permits, a Parking Management Plan identifying off -site parking for special events needs to be approved by the Planning Division. Any reciprocal parking agreement associated with the Plan must also be secured prior permit issuance. 6. Prior to issuance of building permits, the lot merger for the project shall be recorded. 31 B -241 AUGUST 13, 2012 PAGE 2 OF 2 B. Police Department Prior to issuance of building permits, provide a security plan which describes how the students will be supervised while living on campus. The security plan shall include the use of security personnel and cameras. 2. Knox box access for Police personnel shall be provided at all exterior gates and at the entrances to the common areas of the residential units and /or buildings. I REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2012 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED RESOLUTION TO EXTEND THE SUSPENSION OF ❑ CREDIT CARD /ELECTRONIC FUNDS TRANSFER ❑ TRANSACTION FEE ❑❑ -' 1 jf,,lTY MANAGER RECOMMENDED ACTION As Recommended As Amended Ordinance on 1st Reading Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution to extend the suspension of the credit card and electronic funds transaction fee through June 30, 2013. DISCUSSION The Treasury Division of the Finance and Management Services Agency is responsible for maintaining all banking related transactions for the City. A component of banking is payment processing. Currently, Municipal Utility Services customers are able to pay their utility bill by check, cash, credit card or on -line with the use of a credit card or a debit to their bank account through an Electronic Funds Transfer. The City charges $3.54 for the use of credit card or on- line payment services. Payees are reluctant to use on -line payment services when a fee is involved and resort to paper and mail methods. Paper processing is very labor intensive and costly. A reduction in staff through attrition has necessitated revisiting labor intensive processes for alternatives. To accommodate requests for on -line services and to encourage on -line payment, staff recommended a six month moratorium of the credit card /electronic funds transaction fee in February, 2012. Staff was to report back to the City Council with a recommendation as to continuing a moratorium of the fee. During the six month moratorium, payments via on -line have increased from 18.29% to 83 %. Payments processed via check(s) are down from 18.4% to 10.3 %. This trend is precisely the momentum needed to shift payment processing from paper to automation which coincides with the direction that the Treasury Division desires to take. A noticeable reduction in walk -in traffic has been experienced since the moratorium of the fee was implemented. Staff has reported improved customer service and satisfaction due to the reduced walk -in traffic and lines. Overall, the removal of the credit card /on -line payment processing fee has resulted in increased automated payment processing, resulting in providing customers with services that industry is recognized as providing as a cost of doing business, and eliminates the need to hire staff for manual processing. We have received positive comments relating to the moratorium of the fee and have included some of those comments (exhibit 2). 55A -1 Resolution to Extend the Suspension of Credit Card /Electronic Funds Transfer Transaction Fee September 4, 2012 Page 2 The Finance and Management Services Agency is aiming towards providing access to Treasury Division services on a 24 hour /seven days a week basis. To accomplish this goal, on -line application and payment of Business Licenses and a kiosk is scheduled to be located at the entrance of City Hall by the end of the year. On -line application and payment of Dog Licenses, Parking Citations, etc. are planned for next year. An interactive voice response system is also planned for these programs. As such, staff recommends continuing the moratorium to lay the groundwork for the success in transitioning to an automated less labor intensive operation. FISCAL IMPACT Salary and benefit costs in the Treasury Division budget to be offset by the revenue suspension in the credit card /electronic funds transfer fees, estimated to be a net zero cost. Francisco Gutierrez Executive Director Finance & Management Services Agency FG /CCD Exhibits 1. Resolution 2. Customer Comments re: Rescinding Credit Card /On -line Payment Fees 55A -2 Lss8/13/12 RESOLUTION NO. 2012 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXTENDING THE SUSPENSION THE CREDIT CARD / ELECTRONIC FUNDS TRANSFER TRANSACTION FEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City Council adopted Resolution 2012 -004, on February 21, 2012, suspending the imposition of transaction fees for on -line payments, to encourage City customers to apply for services and pay City utility, permit and license fees on -line. B. The transaction fee suspension was authorized for a six -month trial period after which the Executive Director of Finance and Management Services is to report regarding the effect of the suspension on the number of on -line customers and cost savings to the City. C. The executive director has issued his report finding that during the period that the on -line payment transaction fee has been suspended, on -line payment fees have increased markedly, thus reducing the number of City personnel required to process payments and provide customer services. D. The decrease in revenue as a result of the transaction fee waiver is offset by reduced salary and benefit costs in the Treasury Division budget as more customers are paying bills and obtaining services on -line. Section 2. The City Council hereby suspends the transaction fee imposed on each electronic funds transfer and on each credit card transaction, through the 2012/2013 fiscal year. Section 3. The Executive Director of Finance and Management Services shall provide a report to this City Council in June 2013, regarding 1) the effect of the waiver of electronic funds transfer fees on staff from customers who apply for services and pay Resolution No. 2012 -XXX 55A -3 Page 1 of 2 bills on -line instead of coming to City Hall, and 2) the cost savings to the City resulting from the suspension of the transaction fees. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN NOT PRESENT Councilmembers Councilmembers 2012 Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2012 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2012 -XXX 55A-4 Page 2 of 2 Customer Comments on Recinding of Transaction Processing Fee Date Acct 03/18/12 19453301 Thank you for removing the internet fee. This is a much easier way to pay. I know the full amount will always be paid on time, even when I go on a vacation. Thank you again. Online payments is a very good idea, especially if there is no charge for doing so. I welcome the offer. It would obviously be more convenient than writing a check and mailing envelope. However, on this statement in which you commendably encourage comments about online payment, I wish you had also 03/26/12 24167300 shown a web address to which I could actually make a payment or post a comment. Even better, could you make this an automatic deduction from a VISA? If the charge for online payment is waived only for six months, I will continue to just write a check (unless the countinuing rise of postage exceed the cost of online payment which might well be the case). As long as there is no fee, I will always pay online. If the fee is removed permanently, I will, in time, go with 03/29/12 22211300 paperless billing. If the fee is reinstated, I will pay by mail. If managed correctly, I know it saves you money with online payments, so the fee is ridiculous in the first place. 03/31/12 26415300 Thank you for finally making it possible, and affordable, to pay online. I have been asking and waiting for approximately ten years for this service. 04/13/12 24863301 Please keep waving the processing fee of 3.54 as I dislike sending in payment via check but will do so because $3.54 to make a payment is too much. Thank you! 04/20/12 23445303 Thank you for removing the service fee to make payments online - very covenient for me. 04/29/12 23826300 1 have been waiting for you to remove the fee if paid on line. On the last bill statement you indicated so. Wonderful and thanks for listening. 05/03/12 34531303 1 just want to say thank you for suspending the processing fee. I pay all my bills online its easy and convenient. Hope you keep it this way. Thank You. I am commenting on the fact that you suspended the processing fee for on line payment. I would always 05/14/12 14184300 pay online if you continued this and you would be able to go paperless on lots of people and save the money if you didn't charge a processing fee. 05/14/12 41377300 Thank You for elimanating the $3.54 on line payment fee, this helps my budget as a senior. I am a new customer and am very please that you ofer an online payment program. However, if you revert 05/22/12 20319302 back to the $3.54 processing fee, it will be cheaper for me to spend 45 cents and mail you a check. I feel that in the end it would be worth your while to continue the service free of charge. Please weigh this information in making your decision after the 6 month moratorium. I want to thank the City of Santa Ana for approving the vote to remove the $3.54 fee to make water 05/23/12 26588300 payments online. I pay ALL of my bills online with no fees so to find out today by Alfonso that the service is no free was very exciting. It saves me time having to drop my payment in the over night drop box. Great job! 05/27/12 25011301 Thank you for waiving the online processing fee! I look forward to paying this bill online as I do with all my others. 06/05/12 22952300 We have used the online payment but don't like the charge 06/11/12 Thank you for allowing payment without additional fee. It is appreciated. 06/24/12 25288300 1 like the online payment ability without have to pay a servcie charge for my utilities. 07/10/12 24149300 1 like this confirm method. Thank you for making your payment process, user friendly. 07/24/12 n/a I really do appreciate the fact that you do not charge for on -line payment. 55A -5 LAWMM-O, REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2012 TITLE: RESOLUTION - SUPPORTING THE TRANSFER OF ONTARIO AIRPORT TO LOCAL CONTROL 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 supporting the transfer of Ontario Airport to local control. DISCUSSION The City of Ontario is seeking support from Southern California cities to facilitate the transfer of Ontario Airport to local control. Located within the city limits of Ontario, Ontario International Airport (ONT) is currently operated by Los Angeles World Airports (LAWA) under terms of a Joint Powers Agreement. Over the past four years, ONT has lost over one -third of its passenger traffic, costing the Inland Empire economy $500 million annually and 9,250 jobs according to the City of Ontario. Under local control, ONT can more quickly rebound and serve the Southern California region more effectively. For these reasons, the City of Ontario is requesting the City of Santa Ana to support its efforts to gain control of ONT. Transferring the airport back to the City of Ontario would provide local governments the ability to restructure the airport's operations, reduce costs, and increase marketing and promotion of the airport to ensure that Southern California has the airport capacity it needs in the long -term to protect its economy. It also places the responsibility for ONT's success in the hands of the party that has the most to gain from it and the most to lose from failure. Staff recommends adoption of this resolution, because effective regionalization of the Ontario International Airport through local control is in the best interest of Southern California cities that rely upon ONT as a service provider. The City of Ontario's efforts to gain local control of the ONT 55B -1 Resolution — Supporting The Transfer Of Ontario Airport to Local Control August 20, 2012 Page 2 has been supported by a significant number of Southern California government agencies and municipalities including the cities of Laguna Niguel and Newport Beach. FISCAL IMPACT There is no fiscal impact associated with this action. 8/8/12 LES RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING THE TRANSFER OF ONTARIO INTERNATIONAL AIRPORT TO LOCAL CONTROL OF THE CITY OF ONTARIO 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. Located within the city limits of Ontario, Ontario International Airport (ONT) is currently operated by Los Angeles World Airports through a Joint Powers Agreement. B. According to the City of Ontario, ONT has lost over one -third of its passenger traffic over the past four years, costing the Inland Empire economy $500 million annually, along with 9,250 jobs. C. Local control of airports has been shown to be conducive to development of successful regional airports because the airport sponsor has a vested interest in the airport making the greatest contribution to its economy. Under local control, ONT can more quickly rebound to serve the Southern California region more effectively. D. Transferring ONT back to the City of Ontario would provide local governments the ability to restructure the airport's operations, reduce costs, and increase marketing and promotion of the airport. These actions would ensure that Southern California has the airport capacity needed in the long term in order to protect its economy. The responsibility for ONT's success would then be in the hands of the party that has the most to gain from it. E. Effective regionalization of ONT through local control is in the best interest of Southern California cities that rely upon ONT as a service provider. The effort by the City of Ontario to gain local control of the ONT has been supported by a significant number of Southern California government agencies and municipalities including the cities of Laguna Niguel and Newport Beach. Section 2. The City of Santa Ana hereby expresses its support of the transfer of Ontario International Airport to local control of the City of Ontario. Section 3. The City of Santa Ana hereby requests the cities of Los Angeles and Ontario to commit the necessary resources and effort to affect the transfer to local control at the earliest possible date. 8/8/12 LES ADOPTED this day of 2012. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on , 2012. Date: Clerk of Council City of Santa 55B -4 ROH (07/02/12) RESOLUTION NO. 2012 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA STATING ITS INTENTION TO DISESTABLISH THE DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON. 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, in compliance with Article XX of Chapter 13 of the Santa Ana Municipal Code (the "Law "), the City Council established the Downtown Santa Ana Community Management District (the "CMD ") by adopting Resolution No. 2008 -078. B. Section 13 -214 of the Law permits the dissolution of the CMD by resolution after the city council first adopts a resolution of intent to disestablish the CMD prior to the required public hearing. C. The City Clerk has received multiple petitions seeking the disestablishment of the CMD. D. On August 1, 2011, the City Council requested that staff begin proceedings to disestablish the CMD. On August 24, 2011, the City Council decided to continue this item for future consideration. On September 19, 2011, the City Council decided to continue this item to October 3, 2011. On October 3, 2011, the City Council decided to continue this item to October 17, 2011. On October 17, 2011, the City Council decided to continue this item to November 7, 2011. On November 7, 2011, the City Council decided to not take any further action toward disestablishment at that time. The matter came back before the City Council for further consideration on July 2, 2012. Section 2. Pursuant to Sections 13 -214 of the Law, the City Council hereby declares its intention to set a public hearing regarding the disestablishment of the CMD. This action is taken in response to the multiple petitions received by the City Clerk requesting the disestablishment of the CMD. Specifically, the City Clerk received fifty - six (56) signatures on petitions protesting against the existence of the CMD. In addition, this action is supported by the fact that there were multiple individuals in support of Resolution No. 2012 -XXX 856_1 Page 1 of alternative maps presented to the City Council proposing reduced boundaries to the current CMD. Further, although the City had the authority to vote for the establishment of the CMD as a property owner in the zone, there are questions regarding the overall support for the CMD from the remaining property owners during the vote if the City had not cast votes in support of the CMD. Section 3. NOTICE IS HEREBY GIVEN that the City Council shall conduct a public hearing on the disestablishment of the CMD on August 6, 2012, at 6:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 22 Civic Center Plaza, Santa Ana, California 92702. At the hearing, the City Council will consider adopting a resolution disestablishing the CMD. The City Council will also hear all persons for or against disestablishment of the CMD. Section 4. If the CMD is disestablished, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the CMD in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the CMD is disestablished, in accordance with section 13 -214 of the Law. Section 5. The notice of the hearing on disestablishment required by section 13 -214 of the Law shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The notice shall be mailed to the property and /or business owners at least thirty (30) days prior to the date of the public hearing. 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 2 "d day of July, 2012. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: Sonia R. Carvalho City Attorney Resolution No. 2012 -XXX Page 2 of 3 85B_2 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2012 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2012 -XXX 856.3 Page 3 of 3 Correspondence for Item 85A �Lo - ol, Huizar, Maria From: Ava Steaffens <ava @kidworksonline.org> Sent: Wednesday, June 06, 2012 6:14 PM To: Huizar, Maria Subjct: Downtown Inc As one who lives, works and plays in Santa Ana, I would like to express my support for the work of Downtown Inc. I have been very impressed by the improvements that I have seen in Downtown since I moved into the city in 2006. When we first moved here, my husband and I had a tough time finding a decent place to go out to dinner in Downtown. Now, we have all kinds of choices. We are also thrilled with the Art Walk as well as the many events that are sponsored and co- sponsored by Dowtown Inc. that are bringing life into the Downtown. I've had the pleasure of getting to know Vicki Baxter and am thankful for the tremendous effort and all her hard work in helping to make Downtown a safe, attractive and inviting place to be. Please do not hesitate to contact me if you have any questions, Ava Steaffens President /CEO i' dWor s. touching fives with hope: ava @kidworksonline.org tel: 714 - 834 -9400 x103 1902 W. Chestnut Ave., Santa Ana, CA 92703 "Restoring at -risk neighborhoods one life at a time" i 85B -7 Huizar, Maria From: Bob stewart <bob @stewartsound.com> Sent: Thursday, June 14, 2012 12:38 PM To: Huizar, Maria Cc: Vicky Baxter Subject: Fwd: Letter Dear Maria, Several years ago I decided to move my business to downtown Santa Ana. I was seeing the beginning of an immerging downtown. For several years after the advent of the Artist Village, I saw stagnancy in the downtown and began to feel I had made a mistake. Nothing was moving forward. Several other property owners came together and decided to look into the possibility of a Community Management District. DSABA (Downtown Santa Ana Business Association) was not working due to infighting and lack of vision with a complete unwillingness to change. It was not easy to run our businesses, formally begin a 501@6 nonprofit and be at the leadership of a changing dow ^town. However, we were committed to the prospect of revitalization in downtown Santa Ana. We have given our time, money and donated our expertise at "no charge" when needed, to move this new nonprofit into the successful organization it has become. Downtown Inc is not only a vibrant force to the businesses downtown but has made inroads into the community and social issues facing this city. Vicky has convinced us that PBIDs cannot ignore social issues such as the homeless and is at the helm of forming a coalition of civic leaders, the faith community, government and others to begin an effort that could make us a model to all counties in California. She is basing this on the Navigator Program used in Sacramento and San Diego that has received Presidential Awards. The Community Policing Project formed with Santa Ana Police Department along with radios funded by Downtown Inc given to our businesses, has been described by the Justice Department as a model to large cities our size. I am on the Executive Committee with Downtown Inc and cannot understand this continued smear of the organization. We have strived to be transparent, we invite the public to all our meetings and we have done everything possible to recruit new diverse directors and members. We are focused on success and assisting all the businesses in downtown. The naysayers and people who continue to storm City Hall hurt Santa Ana. Their agenda is beyond our understanding because they refuse to come to the table. What is most amazing to me personally is that these same people held contempt for each other before Downtown Inc and now they have formed a "social club ". Perhaps we should be commended for uniting them for the first time. If they would put the effort and time into what they so fervently oppose, they may find common ground and realize we are all here to prosper our businesses, raise our families and live the American dream in unity. My sincere desire would be to see all businesses in the district part of the equation, actively involved with Downtown Inc and making a difference in revitalizing Downtown Santa Ana. Last week we held a Tri Mixer with over 250 businesses represented. The positive comments and pleasure at what is taking place in downtown Santa Ana was refreshing to hear from business people in Santa Ana and throughout Orange County. Keeping this issue at the forefront at City Council hurts bringing consumers and new businesses downtown. If PBIDs did not work, then there would not be 1500 across the United States and now internationally accepted and embraced. Several Cities have called us for details in beginning a PBID (Orange, Brea, Pasadena, San Pedro, and Newaort Beach). Our success shows! Sincerely, Bob Stewart Past President Downtown Inc Huizar, Maria From: Dennis Dascanio <ddascanio @sbcglobal.net> Sent: Thursday, June 07, 2012 2:49 PM To: Huizar, Maria Subject: Support for DTI Dear Ms. Maria Huizar, Clerk of the Counsel: This writing is in response to ongoing negative information that has been recycled and put out by opponents of the DTI and PBID. I am a new member of the DTI Board and proponent of it's mission and accomplishments. I have been a business owner in Santa Ana since 1987. For the first 24 years, I was at the same location at 17Th Street and Flower (960 West 17Th Street). Last May, I decided to relocate my office to the Artist Village, 200 N. Main Street, to a building I recently purchased. The decision to purchase and move into the downtown area was because of changes to the PBID area that I had been witnessing over the past 1 -2 years. Prior to that, I could not have even considered moving into the area. It had long been in decline from it's hey days of the 1980's, with crime and grime as it's lasting image.. I can now say that I feel safe and I am a proud owner of the Builders Exchange building and I look forward to years of being part of the local business District. As a DTI Board member, I have never known there to be any kind of pension or 401 K program available to employees or members. All financial records are available for viewing on -line. We serve as volunteers and I consider all employees loyal to the advancement of the business district and it's surrounding areas. The meetings are open to the public, and input is openly requested. Opposition and discussion is a fundamental and integral part of public functions and forums, such as the PBID. Slander or defamation only hurts the advancements that are the mission of the DTI. Results, however, speak far louder than words, and the results attained by DTI in the PBID area in such a short period of time are stunning. Regards, Dennis Dascanio Proud owner of Builders Exchange historical building and DTI Board member. Huizar, Maria From: Dwight Smith <dwightlsmith @gmail.com> Sent: Wednesday, June 06, 2012 8:40 PM To: Huizar, Maria Cc: Vicky Baxter; Tim Rush; Walters, Paul Subject: Downtown Ms. Huizar, Downtown Inc., and especially Ms. Vicky Baxter, have opened my eyes to the possibilities of working with a BID. Our sister organization, the LACW, stands in awe of the relationship we have enjoyed with Downtown, inasmuch as they have long fought with various BID's in downtown Los Anegeles, costing both sides tens of thousands of dollars yearly, and generating reams of bad press for the city. When we had a problem with an ill- educated security guard, it was resolved to our satisfaction in a manner that could serve as a model for BID's across the country. It is deplorable to me that any organization should have to refute slander, and I hope the City could publicly express it disfavor for those who have lied about the use to which Downtown Inc. puts the public's tax dollars. I for one would like to see transparency include the investigation and even prosecution of those who use the mails to generate damaging untruths about civic institutions. If Janet Nguyen can fire people for disagreeing with her, can't we at least find and help sue those that lie about those acting on behalf of the City? It's hard enough to teach the people of the OC how wonderful Santa Ana is - we simply cannot tolerate those in our midst who stoop to lies and false innuendo. My hat is off to Vicky Baxter and Downtown for peaceably enduring this terrible slander. Let me know of I can help. Dwight Smith, occatholicworker.org M .9 W ' Huizar, Maria From: Eddie Quillares <eddie.quillares.rlwt @statefarm.com> Sent: Thursday, June 07, 2012 11:22 AM To: Huizar, Maria Subject: My Story Maria, The purpose of this email is to share my story with you regarding my growth and success in Downtown Santa Ana. I opened my business in Santa Ana in September 2010. 1 am very fortunate to share that I opened my agency with two associates and now I have six team members that have embraced the Santa Ana community and the surrounding areas. Our success was not only due to our systems and processes but most importantly with organizations such as: Santa Ana Chamber of Commerce, Orange County Hispanic Chamber of Commerce and Santa Ana Downtown Inc. Collectively, these organizations have continuously supported not only our business needs, but the needs of the community — especially in Downtown Santa Ana. From the time that I arrived in Santa Ana in 2010 to our last Tri -Mixer hosted in Downtown Inc. last week, I have seen substantial growth in the local community and the influence that Downtown Inc. has made in the Downtown culture. It has given Downtown the positive attention it deserves for creating a culture that is embracing not only the current business owners but the new business that are opening on a daily basis. I am a strong believer that "You get out of it, what you put into it," and it is righteous to state that Downtown Inc. is the core to the imminent growth in Santa Ana. I am confident that I would not be at this point in my business without the help of community organization in Santa Ana and Orange County, but Downtown Inc. has been the backbone to my growth in the Downtown area. My information is listed below if you would like to speak with me directly or I am a few blocks away so feel free to stop by and say hello. I have plenty of stuffed bears and chip clips!! Best, Eddie Q Eddie Quillares Jr, Agent License #OG82888 State Farm Agent Providing Insurance and Financial Services Phone (714) 617 -7150 Direct (562) 787 -1799 Fax (714) 617 -7158 Address 415 N. Broadway, Santa Ana, CA 92701 Email Eddie @EddieQinsurance.com Web www.EddieQinsurance.com ,,A Please consider the environment before printing this e -mail. A Good Neighbor is a Green Neighbor. TM 1 85B -11 Huizar, Maria From: Ellen Seefeldt <seefeldt3 @cox.net> Sent: Thursday, June 07, 2012 12:31 PM To: Huizar, Maria Subject: Downtown Inc. To Whom It May Concern: I am a gallery director for Avantgarden Gallery in the Santora Arts Building. We are part of Orange County Fine Arts Association, one of the largest, and the oldest arts organization in Orange County, with headquarters in Santa Ana. Recently I have been disappointed upon hearing criticisms about Downtown Inc. Since they took over the art walk, we have had nothing but improvements in the surrounding area with new restaurants, a cleaner environment, more security. family friendly events in the promenade, and nothing but support of the Artists Village. I was invited to be a part of the marketing committee during their first year and was impressed with how DTI handled all the requests for support from, not only the arts community, but from Calle Cuatro merchants, and organizers of all the events that make the city great. I have seen that other merchants and property owners have also been at these meetings, and that many of the gallery owners have participated in different committee meetings and projects. I grew up in neighboring La Habra, and although I now live in south county, I work and shop and go to restaurants in Santa Ana. I have seen many changes over the years, more positive changes recently with new downtown store fronts and new restaurants and businesses. These changes I attribute to the work of Downtown, Inc.! It's unfortunate that a few individuals have to criticize and spread untruths about an organization that has done so much to improve Santa Ana! Ellen Seefeldt Avantgarden -The Art Gallery www.artavantgarden.com www.ocfinearts.org 1 85B -12 Huizar, Maria From: Everett, Caleb <caleb @careercalifornia.edu> Sent: Thursday, June 07, 2012 12:48 PM To: Huizar, Maria Subject: Downtown Inc. Dear Mrs. Huizar, I am writing to express my support for Downtown Inc. I understand they have been the subject of some recent criticism. As a small business owner, I really appreciate and have benefited from their efforts. The downtown area is clean and safe. The events they put on are terrific and any time we call for help, whether it be an introduction or help planning an event, they are always very responsive and very helpful. Sincerely, Caleb Everett Chief Executive Officer Carcer College of California 201 E. 4th Street, Suite 200 Santa Ana, CA 92701 (714) 243 -8614 phone and fax www.careercalifornia.edu Join Out r �Community! 1 85B -13 Huizar, Maria From: guzmar @netzero.net Sent: Thursday, June 07, 2012 12:28 PM To: Huizar, Maria Subject: Downtown, Inc. is putting the Wow in Downtown! June 7, 2012 Dear Honorable Mayor Pulido and City Council Members, I am delighted with the enhancements I've seen in Downtown Santa Ana. Since Downtown, Inc. was established and placed under the energetic, professional leadership of Vicky Baxter, we've witnessed the transformation of the drab Pepto Bismol Fiesta Marketplace into a refreshed, energized, upscale looking East End Shopping District with a greater variety of new shops. It's a cleaner, safer and more desirable place to shop, to meet friends for lunch or dinner and to enjoy entertainment. Personally, I was very excited that my son, DJ Frosty, Executive Director of www.Dublab.com's Dublab Soundsystems conducted a live broadcast of Dublab (internet radio) from "The Crosby" to a packed crowd a year ago. In 2005, my son, Mark McNeill, was named DJ of the year by LA Weekly. He performs at concert events and venues worldwide - -South Africa, Japan, Europe, and South America as well as the Hollywood Bowl, Disney Concert Hall, the Getty Center, LACMA for the LA Arts Commission and LA Department of Cultural Affairs. Mark was impressed with the "new" downtown Santa Ana. Wilshire Square Neighborhood Association has planned the first of many social events at restaurants in downtown. Our first Wilshire Square social will be held at "Chapter One" Restaurant on June 20th. Downtown has become a desirable location to meet with a variety of attractive restaurants and safe, convenient parking. Planning our social events downtown is a vote of confidence in what Downtown, Inc. is accomplishing in transforming Downtown Santa Ana into a great place to have fun and shop. Sincerely, Mary Guzman, President Wilshire Square Neighborhood Association (714) 380 -2210 cell 53 Year Old Mom Looks 33 The Stunning Results of Her Wrinkle Trick Has Botox Doctors Worried tons umerproducts.corn 1 85B -14 Huizar, Maria From: James Kendrick <lrags @att.net> Sent: Friday, June 08, 2012 10:09 AM To: Huizar, Maria Subject: Support:DTI Honorable Mayor and City Council Members, I, James Kendrick, owner of Santa Ana's best News Stand, Rags, located at 454 North Broadway #100, Santa Ana, CA 92701, do support DTI, better known as Downtown INC. As a member of DASBA when I first opened, and to pay and extra tax based on my gross sales as other Downtown Merchant, it was a relief to see Downtown INC., take over. Even as some property owners may agree as a special district, a lot of property owners wanted to do nothing but take advantage of the city and milk it dry demanding the city to maintain and promote the Downtown. Dow,,itown INC, is still in its infancy, and still needs a chance to grow and help Santa Ana reach its full potential as a special mix use district. I really feel that all the property owners need to be educated and really try to work on the long term vision. Prior City Councils formed a special district, with over lays and try to look into the future of a more diverse and multi cultural Downtown reaching out to everyone. So please let Downtown INC have a chance to mature and reach out to build a stronger Santa Ana. Sincerely, James Kendrick Owner Rag, News Stand 454 N Broadway #100 Santa Ana, CA 92701 85b-15 Huia_ar, Maria From: Jeffrey D Hall <jeff @chapteronetml.com> Sent: Thursday, June 07, 2012 12:46 AM To: Huizar, Maria Cc: Jeff Jensen Subject: Chapter One: the modern local's Support for Downtown Inc. MARIA We would like to voice our support for Downtown Inc. Our business, that generates a large amount of tax revenues, in a building that was virtually empty when we arrived, which also employs 50 +, mostly local and semi -local employees, would never have been located in Santa Ana, without the support of Downtown Inc. It gave us the confidence to make a $million investment in this city and that was before we understood the entirety of their support. I cannot and do not want to imagine this downtown without Downtown Inc. There are many loud, persistent people that constantly voice their disdain for this great organization. Their numbers are small and most don't seem to even be within the district anymore, but it seems to have become the most involved and time consuming aspect of their lives. If they truly wanted to improve the community, as they claim, then they should take half of the time that they are spending arguing against DTI and instead direct it positively into the community and their businesses. Then, ironically, they would probably figure out the greatest way to truly make Downtown Inc. less of an issue in their lives, through economic prosperity. Downtown Inc. is imperative to the continued growth of this area. Thank you for your time. Jeff Hall Chapter One: the modern local 227 N. Broadway Downtown Santa Ana, CA 92701 (714) 724 -1031 CELL (714) 352 -2225 MAIN (714) 352 -2242 FAX www.cha_pteronetml. coin Become a FAN on Facebook! FOLLOW US ON TWITTER@ Chayteronetml Aplease consider the environment before printing this. T w:e,, Huizar, Maria From: Sent: To: Subject: Dear Mrs. Huizar, style4sight @gmail.com on behalf of Julia T Thursday, June 07, 2012 12:04 PM Huizar, Maria In support of Downtown Inc. - OCFA < julia @ocfashionassociation.com> My name is Julia Tudor. I am the President and Founder of the OC Fashion Association. The OCFA is a non - profit organization that supports emerging fashion talent in Orange County and aims to liven up the almost non - existent Orange County fashion scene through various fashion related events such as the popular OC FASHION WEEK, mixers, exhibits, media productions and even public fashion flash mobs. I am writing to you on behalf of my organization in regards to Downtown Inc. to share my outmost appreciation for their outstanding efforts. We had the pleasure of working with them last year and we hope to work again soon in bringing more fashion to Downtown. It was because of Downtown Inc's help with our first fashion show last year that OCFA kept coming back and had 7 more other events in Santa Ana, including the branded OC FASHION WEEKs events. Downtown Inc's support for our new organization was and still is invaluable to us in ensuring successful fashion events. With their help we were able to put on great fashion shows unparallel to anything seen in Orange County before and to this day these shows are being hailed by the media and fashion enthusiasts in Orange County, Los Angeles and San Diego! Downtown Inc. helped us tremendously in navigating the right channels to obtain permits, they made the connections we needed with the business in Downtown, lend us prepping rooms, security for our events, and sponsored our May 26 event last year among many other things. Please, take a minute to watch these two videos of last's year's OC FASHOIN WEEK which took place outdoors on the 2nd Street Promenade in front of the Grand Central Art Center featuring four fall /winter designer collections. http: / /youtu.be /7n 15hx7zVU , http: / /vimeo.com /24100733# Without Downtown Inc.s' help none of our events would have been possible simply because not enough resources would have been at our disposal to make our small and large production events a reality otherwise. Their board of directors and the amazing staff are very passionate people who are obviously extremely determined to help the community and revive the Downtown despite all criticisms and alligations by those who do not believe in its mission. But we believe that their efforts and dedication, many times going beyond normal office hours, will eventually prevail. They work effortlessly to put Downtown Santa Ana on the map again, and we trust, this is no easy job. We are truly inspired by their determination to work against all adds, 1 85B -17 all criticism and continue to do a great job no matter what. The changes they bring to Downtown are for the better and it has been obvious to many of the people we brought to our events in Downtown, people who outcasted Santa Ana a long time ago as being unsafe and unfit for a fashion scene, that this is now a NEW place with new potential and countless opportunities. Only thanks to organizations like Downtown Inc., the public's old mentality about Santa Ana is constantly changing for the better and this is no small accomplishment! Thank you for your time reading this message. We hope that you will too share our support for Downtown Inc.'s unmatched efforts, its board members and staff in helping Downtown Santa Ana reach its potential of the only urban Orange County hotspot filled with history, culture and innovation! Sinerely, Julia Tudor President/ Founder of OC Fashion Association SEE YOU IN THE SPOTLIGHT! EXPERIENCE - EMERGE - EXPOSE The OC Fashion Association is a non - profit mutual benefit corporation dedicated to promoting unity within our diverse fashion community while supporting emerging talent. website: httE. . / /www.ocfashionassociation.com facebook fan page: httg: //www.facebook .corn /OCFashionAssociation twitter: http: / /www.twitter.com /OCFASSOC tumblr: httl): // ocfashionassociation .tumblr.com / tumblr: htto : / /ocfashionweek.tumblr.com/ linkedin group: htti): / /www.linkedin.com /groups ?mostPooulai-= &gid= 3681670 mailing address: PO BOX 2455, Costa Mesa, CA 92628 T : •' Huizar, Maria From: kathie warren <artiskathie @msn.com> Sent: Thursday, June 07, 2012 8:54 PM To: Huizar, Maria Subject: Regarding DTI Dear Maria Huizar, I'm an artist and an 18 year participant in the artist village, and for 10 years I've had my gallery in the basement of the Santora Building, the Green Door gallery. I have observed the changes over the years. Vicky and the team of Downtown Inc. has removed the grey film, the disintegrating aura, over the redevelopment area. The streets are clean, I don't feel like I'm passing through a dump any more, or attacked with mounds of paper flyers, or smells of urine. The beautiful buildings almost shine in the day time. The doors smile with an invitation to enter. I see friendly alert security. I see police on horses, they give a feeling of safety yet family friendly, I see children who might otherwise be intimidated by officers go up to the horses and talk to the officers. Where there was no communication before we the artists are embraced and empowered by DTI. They come to the artwalk they BUY art, they care. They maintain consistency in organizing the art walk. They oversee the bureaucracy in holding events, handle permits, reach out to other businesses to generate cross promotion. They promote and facilitate, making the Santa Ana Art Walk the envy of other cities. The fruit of their efforts is apparent when people come into my gallery. They come from Laguna, Irvine, Fresno, the bay area, San Diego, Riverside, New York, Texas and so many other places. Local people come back with visiting relatives and friends. A daughter brought her artist mother visiting from Greece, who purchased a small painting. Some visiting from other countries. No they don't all buy art, but they go to the restaurants, they tell others, and come back with more friends. These people come day time and night time, they feel safe, they park and have a full evening of activities. Now we need to stimulate the BUYING of art. The art has been the driving force, and DTI has been the fuel to create this vibrate community. The recent DTI May mixer was a great example of how the community now comes together. Artists, politicians, 4th street businesses, SAC event planning students, a racial mix. It was a picture of how DTI has brought everyone together to work together. There is so much more that they do behind the scenes that makes Santa Ana sparkle, of course there is more work to do. People that I talk to love coming and moving to Santa Ana because it now feels safe, clean and active. They are stimulated, and inspired, they don't get that in planned communities like Irvine and it's 3 shades of beige, or even in beautiful Laguna, where the art doesn't change. Santa Ana is historical, it is organic and the art here reflects that. Walk 3 -5 blocks in any directions and you experience a cultural trip without getting on a plane. I sit on the 2nd street promenade, in a one hour, I will see a woman pushing a stroller, 4 laughing students, a couple of suits with briefcases, a homeless man with his bags, a couple of nicely dressed women of color chatting up a storm, an artist waring torn paint dripped, jeans; pushing a dolly of paintings, a workman with broom and trash can; a spaced out skinny kid. Black, white, Hispanic, Asian. This is not only Santa Ana it is America. So I I'm digressing into what could have been a Steinbeck novel. The bottom line is that DTI makes a big difference for ALL. Thank you, Kathie Warren Green Door gallery, b -4 Santora /basement l : � Huizar, Maria From: LuterLutz @aol.com Sent: Thursday, June 07, 2012 2:35 PM To: Huizar, Maria Subject: Downtown Inc. Maria, can you please distribute the following. Mayor and Council Members Nancy and I would like to go on record of supporting Downtown Inc. Having been the leader in developing the Artists Village in the 90's I have seen how the downtown is coming alive where before the town was closed up at five o'clock. Now the town is attracting leading businesses like DGWB and higher educational forums such as Grand Central Arts Forum and cutting edge restaurants and entertainment venues hosting national known groups at the old Yost Theater. This is especially an important time with the City suffering a budget crises to have an oversight body like Downtown Inc. to help promote downtown Santa Ana along with ensuring the safety of those patronizing the stores, restaurants, and entertainment venues and assuring clean sidewalks and store fronts. It is unfortunate that there is a perception that Downtown Inc. has a 401(K) or other type of retirement program. This is totally untrue and just another attempt to defame this organization. Sincerely, Tom & Nancy Lutz Washington Square Residents. M W:1 Huizar, Maria From: Mcewenl @aol.com Sent: Wednesday, June 06, 2012 5:10 PM To: Huizar, Maria Subject: Downtown Inc Ms Huizar I would like to take a moment to express my support of Downtown Inc. As a twenty three year resident of Santa Ana, I have never felt as hopeful for the success of the downtown as I do now. Now, when I invite friends from outside the city to dinner or Art Walk activities, I'm assured we will have a fun, safe, entertaining time. My thanks to the hard work of Downtown Inc for bringing it all together. Without a central body to organize and promote, I don't think it would be possible. Thank you Debbie McEwen French Park 1 85B -21 Huizar, Maria From: mfpax @aol.com Sent: Thursday, June 14, 2012 9:36 AM To: Huizar, Maria Subject: DTI Dear Ms. Huizar, I am writing you to voice my support for Downtown Inc. and the positive impact it has had on the downtown area. This is probably no real surprise since I sit on the board. I work for the owners of 4 buildings in the downtown and they see the improvement to the area in just a couple of years. More importantly, they see the long term improvements that are possible. The taxes that they contribute to fund the PBID are not insignificant to our operations in these lean times, but they see it as a necessary investment for the future of the downtown and the long term success of their properties. Michael Paxton Spurgeon Venture Ltd. Huizar, Maria From: Mike Harvey <mike.harvey333 @gmai1.com> Sent: Thursday, June 07, 2012 3:34 PM To: Huizar, Maria Subject: Santa Ana Downtown Inc. Please allow me to introduce myself. My name is Mike Harvey and I have recently opened a small music publishing company in downtown Santa Ana. I chose Santa Ana as the place I wanted to be largely because of the way that the area around the Yost Theater had been cleaned up and made safer and more accessible to my clients. I did my research and found that this was made possible by the local merchants and the way they were able to work with Downtown Inc. I have gotten to know my neighbors and I have had a few opportunities to discuss issues that mattered to me with the people at DTI. They were always very helpful and full of useful information. We know that any organization that deals with the public is bound to attract both possitive and negative reviews from the people they serve and that is to be expected but when I heard that the folks at DTI were coming under fire I thought that I would tell my story and the way that I have had nothing but possitive experiences when working with them. I have to say that I think they are doing a great job. Thank You Mike Harvey 220 E. 4th Street, Suite 204 Santa Ana, CA. 92701 phone: 714 -547 -7071 85B'23 Huizar, Maria From: Minerva Figueroa <minerva.figueroa @cox.net> Sent: Wednesday, June 06, 2012 6:45 PM To: Huizar, Maria Subject: Downtown Inc. My name is Minerva Figueroa and I want you to know that I support Downtown Inc. in their effort to revitalize downtown Santa Ana. The organization was instrumental in helping us Harvey Milk Day and for the past 3 years it has been a trusted partner in many endeavors. Thank You, Minerva Figueroa- Orange County Equality Coalition -949 400 8123 85BL24 Huizar, Maria From: olivana @dslextreme.com <olivana @dslextreme.com> Sent: Thursday, June 07, 2012 1:51 PM To: Huizar, Maria Subject: support for Downtown Inc Madame, there was nathing done to revitalize the run down downtown of Santa Ana prior to Downtown Inc which I am fully supporting. Ivana and Oldrich Unger i 85B -25 Huizar, Maria From: Phil Calhoun <phil @betabenefits.com> Sent: Wednesday, June 06, 2012 4:56 PM To: Huizar, Maria Cc: Vicky Baxter Subject: Support for Downtown Inc. Follow Up Flag: Follow up Flag Status: Completed Maria, I am a property owner of the Minter House on 322 W. 3rd Street. We pay into the PBID and are pleased with what Vicky and her team are doing for the downtown. As a board member of the Santa Ana Chamber and a business owner operating from the Minter House, we appreciate what Santa Ana offers us. We are especially thankful for the security provided by Downtown Inc. as this has kept our employees and building safe as they walk downtown to eat and when they arrive for work and return to their cars to go home. We have owned the property for 10 years now and have seen starts and stops with downtown efforts to improve the downtown. What is currently happening downtown is a credit to Vicky's experience and management style. Our biggest challenge is the amount of the PBID fee we pay and the traffic at the park that gets a little tough at times. As an insurance agency we hope to work with more businesses downtown in an effort to increase revenues for the future. Please contact me as I would like to meet you and show you our office -house sometime, lunch is on me. Please do not hesitate to contact me with any questions. Thanks, Phil J. Calhoun, MBA President Beta Benefits Insurance Services "Where You Get Good Old Fashioned Customer Service" 322 W. 3rd St. Santa Ana, CA 92701 800.500 -9799 ext. 226 FAX 714.664 -0614 Lic # 0752323 My MISSION: "To Serve Without Conditions And Within God's Plan." Huizar, Maria From: Sue Rabin <suerabin @dslextreme.com> Sent: Thursday, June 07, 2012 8:51 PM To: Huizar, Maria Cc: 'Vicky Baxter' Subject: Downtown Inc Dear Maria, I have recently become familiar with Downtown Inc, Vicky Baxter and several supporters of the organization. As an Orange County resident I have seen downtown Santa Ana go through many changes over the years and within the last few years it has become more and more obvious that some change is occurring for the better. I truly believe this has everything to do with Downtown Inc's efforts. I know that the crime stats have decreased, while the cleanliness, arts, music, food and culture has increased in this area and so despite what a few people may say about this organization, it is clear to me that they are here to change Santa Ana for the better. Quite honestly I believe that those who feel they need to attack others and accuse them of wrong doings when they have no proof or no ground to stand on are the ones in fact that are guilty of the dishonesty and wrong doings themselves. I stand in support of the Downtown Inc as they stand in support of Downtown Santa Ana. Thank you, Sue Rabin 949 - 394 -2540 1 85B -27 Huizar, Maria From: trina.fleming @cox.net Sent: Thursday, June 07, 2012 10:10 AM To: Huizar, Maria Subject: What is the city doing to support the efforts of Downtown Inc.? Maria — I just want to express my support of the Downtown, Inc. and the wonderful job they are doing in revitalizing downtown Santa Ana! It's nice to know that there is someone stepping up to the plate and not just talking about doing something, but is actually doing it. What is the city doing to support Downtown Inc. in their efforts ?? Trina Fleming 23385 Gondor Drive Lake Forest, CA 92630 trina.fleming @cox.net W T Me." Huizar, Maria From: Vance Gardner <vogardner @gmail.com> Sent: Thursday, June 07, 2012 2:34 PM To: Huizar, Maria Subject: Support for DTI Dear Ms Huizar, I support Downtown Inc's efforts to revitalize the Santa Ana downtown. Santa Ana is a beautiful city with a rich history and heritage. However, I've lived in Orange County for the past 30 years and rarely have I gone into the city, until recently. When Downtown Inc was established; shopping, dining, arts and recreation were enhanced. Now my trips to the city are more varied and rewarding (and I want to go back). The non - profit is run in an ethical, open manner and is a real plus for the city. Please do not let a few fearful citizens taint DTI's exemplary record. Instead, applaud and support this great community organization. Thank you. Sincerely, Vance Gardner MD .e m:wej Huizar, Maria From: Victor and Lubna <vicnlubna @yahoo.com> Sent: Thursday, June 14, 2012 1:54 PM To: Huizar, Maria Subject: Thank goodness for DTI Dear Maria: I am a long time resident of Santa Ana and I have worked in the city for over 14 years. The revitalization efforts have made such a big difference in how I feel about the city and how I interact with it. My husband and I now go downtown for dining and entertainment (instead of leaving the city to spend our money elsewhere). In addition, when our friends come to visit, we take them downtown to showcase the beautiful and vibrant atmosphere. I'm always delighted to see the late night crowds walking around a city that used to have the highest crime reputation. We are so encouraged by the developments, that we've chosen to purchase an investment property (in addition to our primary home) in the city of Santa Ana. Santa Ana is not what it used to be, and that is thanks in large part to the efforts of DTI. We need to appreciate them and support them in all their efforts to uplift our city and neighborhoods. Lubna Debbini & Victor Gomez 1016 and 1108 N Towner, Santa Ana. 714 - 457 -0237 1 T J