HomeMy WebLinkAbout FULL PACKET_2005-11-21
ORDINANCE NO. NS-2704
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REZONING THE PROPERTY LOCATED AT
2701 NORTH GRAND AVENUE FROM SINGLE-FAMILY
RESIDENCE (R1) TO ARTERIAL COMMERCIAL (C5)
(AA NO. 2005-05)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. The Applicant is requesting approval of an amendment application No.
2005-05 to change the zoning designation from Single-Family Residence
(R1) to Arterial Commercial (C5) in order to allow the construction of a retail
building with a Starbucks at 2701 North Grand Avenue. (AA No. 2005-05)
B. On October 10, 2005, the Planning Commission held a duly noticed public
hearing and by a vote of 6:0 (Lutz absent) recommended that the City
Council:
1. Approve and adopt the Mitigated Negative Declaration and Mitigation
Monitoring Program, Environmental Review No. 2003-262.
2. Adopt an ordinance approving Amendment Application No. 2005-05.
C. On November 7,2005 the City Council of the City of Santa Ana held a duly
noticed public hearing and at that time considered all testimony, written and
oral.
D. Amendment Application No. 2005-05 is consistent with the General Plan,
including but not limited to its goals and policies to preserve and improve the
character and integrity of existing neighborhoods. Land Use Element Goal
No. 3.0.
E. The City Council has weighed and balanced the general plan's policies and
has determined that based upon this balancing that the project is consistent
with the purpose of the general plan.
F. The City Council also adopts as findings all facts presented in the Request
for Council Action dated November 7, 2005 accompanying this matter. For
these reasons, and each of them, Amendment Application No. 2005-05 is
hereby found and determined to be consistent with the General Plan of the
City of Santa Ana and otherwise justified by the public necessity,
convenience, and general welfare.
11 A-1
Section 2. The City Council has reviewed and considered the information
contained in the initial study and the mitigated negative declaration and mitigation
monitoring program for Environmental Review No. 2003-262 prepared with respect to this
Project. It is determined that, as required pursuant to the California Environmental Quality
Act ("CEQA") and the State CEQA Guidelines, a mitigated negative declaration and
mitigation monitoring program adequately addresses the expected environmental impacts
of this Project. On the basis of this review, the City Council finds that there is no evidence
from which it can be fairly argued that the project will have a significant adverse effect on
the environment. The City Council hereby certifies and approves the mitigated negative
declaration and mitigation monitoring program and directs that the Notice of Determination
be prepared and filed with the County Clerk of the County of Orange in the manner
required by law.
Pursuant to Title XIV, California Code of Regulations ("CCR") S 735.5(c)(1), the
City Council has determined that, after considering the record as a whole, there is no
evidence that the proposed project will have the potential for any adverse effect on
wildlife resources or the ecological habitat upon which wildlife resources depend. The
proposed project exists in an urban environment characterized by paved concrete,
roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and
Game Code S 711.2 and Title XIV, CCR S 735.5(a)(3), the payment of Fish and Game
Department filing fees is not required in conjunction with this project.
Section 3. The real property located at 2701 North Grand Avenue is hereby
reclassified from Single-Family Residence (R1) to Arterial Commercial (C5). (AA No.
2005-05) Amended Sectional District Map number 32-4-9 showing the above described
change in use district designation, is hereby approved and attached hereto as Exhibit "A"
and incorporated by this reference as though fully set forth herein.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that anyone or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this _ day of November, 2005.
Miguel A. Pulido
Mayor
11 A-2
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2704 to be the original ordinance adopted by the City
Council of the City of Santa Ana on , and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
11A-3
11A-4
ORDINANCE NO. NS-2705
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADOPTING THE SHEA HOMES AT FARMERS
DRIVE SPECIFIC DEVELOPMENT NO. 77 (SD-77) AND
REZONING THE PROPERTY LOCATED AT 2800 NORTH
FARMERS DRIVE FROM SINGLE FAMILY RESIDENCE
(R1) TO SHEA HOMES AT FARMERS DRIVE SPECIFIC
DEVELOPMENT NO. 77 (SD-77) (AA NO. 2005-02)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. Applicant is requesting approval of Final Environmental Impact Report No.
2005-01, Amendment Application No. 2005-02 and creation of Specific
Development Plan No. 77 (SD-77), Vesting Tentative Tract Map No. 2005-
05 (County Map No. 16905), and Site Plan Review No. 2005-04 to allow the
construction of 36 single-family residences at the property located at 2800
North Farmers Drive.
B. On October 10, 2005, the Planning Commission held a duly noticed public
hearing and voted by a vote of 6:0 (Lutz absent) to recommend that the City
Council:
1. Adopt a resolution certifying Final Environmental Impact Report No.
2005-01, and approve the Mitigation Monitoring Program and
Statement of Overriding Considerations.
2. Adopt an ordinance approving Amendment Application No. 2005-02
and Specific Development Plan No. 77 (SD-77).
3. Adopt a resolution approving Vesting Tentative Tract Map No. 2005-
05 (County Map No. 16905) as conditioned.
4. Adopt a resolution approving Site Plan Review No. 2005-04.
C. The City Council of the City of Santa Ana held a duly noticed public hearing
on the abovesaid actions for Shea Homes at Farmers Drive Development on
November 7, 2005, and at that time considered all testimony, written and
oral.
D. Amendment Application No. 2005-02 has been filed with the City of Santa
Ana to adopt the Shea Homes at Farmers Drive Specific Development No.
77 (SD-77) and to rezone the property located at 2800 North Farmers Drive
from Single Family Residence (R1) to Shea Homes at Farmers Drive
Specific Development Plan No. 77 (SD-77). (AA No. 2005-02)
11 B-1
E. SD-77 would allow single family dwellings; a temporary real estate office;
childcare facilities providing care to not more than eight (8) children;
neighborhood and community service centers (with a Conditional Use
Permit); Garages for more than four (4) vehicles (with a Conditional Use
Permit); childcare facilities care for more than eight (8), but no more than
fourteen (14) children (with a Conditional Use Permit).
F. Amendment Application No. 2005-02 is consistent with the General Plan,
including but not limited to its goals and policies:
1. Support new development which is harmonious in scale and
character with existing development in the area. Policy 2.9 of the
Land Use Element of the General Plan.
2. Support development which provides a positive contribution to
neighborhood character and identity. Policy 3.1 of the Land Use
Element of the General Plan.
3. Encourage new development and/or additions to existing
development that are compatible in scale, and consistent with the
architectural style and character of the neighborhood. Policy 3.5 of
the Land Use Element of the General Plan.
4. Projects must acknowledge and improve their surroundings with the
use of creative architectural design, streetscape treatments and
landscaping. Policy 2.1 of the Urban Design Element of the General
Plan.
G. The City Council has weighed and balanced the general plan's policies and
has determined that based upon this balancing that the Shea Homes at
Farmers Drive is consistent with the purpose of the general plan.
H. The City Council also adopts as findings all facts presented in the Requests
for Council Action dated November 7, 2005 accompanying this matter. For
these reasons, and each of them, Amendment Application No. 2005-02 is
hereby found and determined to be consistent with the General Plan of the
City of Santa Ana and otherwise justified by the public necessity,
convenience, and general welfare.
I. The resolution certifying the Final Environmental Impact Report No. 2005-
01, the Mitigation Monitoring Program and the Statement of Overriding
Considerations was approved and adopted by resolution which came before
the City Council on November 7, 2005. This ordinance incorporates by
reference, as though fully set forth herein, this resolution and Final
Environmental Impact Report No. 2005-01, the Mitigation Monitoring
Program and the Statement of Overriding Considerations.
Section 2. The real property located at 2800 North Farmers Driver is hereby
reclassified from Single Family Residence (R1) to Shea Homes at Farmers Drive
Specific Development Plan No. 77 (SD-77). (AA No. 2005-02) Amended Sectional
District Map number 36-4-10 showing the above described change in use district designa-
11 B-2
tion, is hereby approved and attached hereto as Exhibit "A" and incorporated by this
reference as though fully set forth herein. (AA No. 2005-02).
Section 3. Shea Homes at Farmers Drive Specific Development No. 77 (SD-
77) as set forth in Exhibit "B", attached hereto and incorporated as though fully set forth
herein, is approved adopted in its entirety.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that anyone or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this _ day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES:
Councilmembers
NOES:
Councilmembers
ABSTAIN:
Councilmembers
NOT PRESENT:
Councilmembers
11 B-3
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2705 to be the original ordinance adopted by the City
Council of the City of Santa Ana on , and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
11 B-4
Shea Homes at Fanners Drive Specific Development No. 77 (SD-77}
TABLE OF CONTENTS
PAGE
SECTION 1. Applicability of Ordinance . ............ ............... ......................... ............ ..1
SECTION 2. Purpose ...................................................................................... ....1
SECTION 3. Permitted Uses ............................................................................ .....1
SECTION 4. Conditionally Permitted Uses . . .. . ... ........ . .. ......... ...... .... .. . .. ... . ......... . ... . ...2
SECTION 5. Development Standards for Single Family Dwellings ..... .. . .. . ...... ..... . ....... .2-3
1. Building Height .........................................................................2
2. Front Yard .......................................................................... ....2
3. Sid e Yard .. .. . .. .. . . .. . .. . .. . .. . . . .. .. .. .. .. . . .. .. . .. .. . .. . .. . .. . .. .. . .. .. .. . .. . .. . . . . .. 2
4. Rear Yard ........ ..... ......... ...... .......... ........ ....... ........ ......... ........2
5. Landscape.... ............. ................. ......... ............... ......... ...........3
SECTION 6. Development Standards for Common Areas .........................................3-5
1. Secondary I ngress and Egress Drive ..... .. ...... ... .... ...... ...... .... .. .. .3-4
2. Common Open Space ..................................................... ....... ...4
3. Entry and Perimeter walls ..........................................................4
4. Mailboxes and other Appurtenances ............................................5
SECTION 7. Miscellaneous Regulations .................................................................5
3. Regulations Specifically Included Herein by Reference ....................5
4. CC&Rs.. ... ........ .......... ... ... .......................... ................ ........ ...5
EXHIBIT
Site Plan (Attachment A)
Page 6
Exhibit B
11 B-5
Shea Homes at Fanners Drive Specific Development No. 77 CSD-77}
SECTION 1 APPLICABILITY OF ORDINANCE
The Specific Development No. 77 (SD-77) zoning district, as authorized by
Chapter 41, Article III, Division 26, of the Santa Ana Municipal Code, is
specifically subject to the regulations contained in this ordinance for the
express purpose of establishing use district regulations. All other applicable
chapters, articles and sections of the Santa Ana Municipal Code shall apply
unless expressly waived or superseded by this ordinance. Use district
regulations established in Chapter 41, Article III, of the Santa Ana Municipal
Code for zoning districts other than the SO zoning district may be incorporated
herein by reference. The boundaries of Shea Homes at Farmers Drive Specific
Development District shall be defined pursuant to Exhibit A (attached hereto
and incorporated as though fully set forth herein).
SECTION 2 PURPOSE
The Specific Development No. 77 (SD-77) use district regulations are hereby
established for the express purpose of protecting the health, safety and general
welfare of the City by encouraging the use of innovative planning concepts and
principles, promoting and enhancing the value of properties, and encouraging
orderly development for the planned residential development.
SECTION 3 PERMITTED USES
The permitted land uses shall be as follows:
1. One (1) single family dwelling for each 6,000 square-foot lot.
2. One (1) temporary real estate office devoted to the sale of real estate in
the tract in which it is located, which use shall be for a period not to
exceed one (1) year.
3. Accessory buildings and structures, except as otherwise provided in
Section 4, determined to be incidental and necessary to the primary
use, subject to the approval of the Planning Commission.
4. Childcare facilities providing care to not more than eight (8) children.
Page 1 of 6
11 B-6
SECTION 4 CONDITIONALLY PERMITTED USES
The following uses are permitted upon the approval of a conditional use permit in
accordance with the Santa Ana Municipal Code:
1. Neighborhood and community service centers.
2. Garages for more than four (4) vehicles.
3. Childcare facilities caring for more than eight (8), but no more than
fourteen (14) children.
4. Accessory structures exceeding fifteen (15) feet in height or more than
one (1) story.
SECTION 5 DEVELOPMENT STANDARDS FOR SINGLE FAMILY DWELLINGS
The following general development standards are applicable to single-family
dwellings:
1 . Buildinq Heiqht
The height limit for main buildings and structures is 35 feet and for
accessory buildings and other structures is 15 feet. Accessory
structures more than 15 feet in height will require a Conditional Use
Permit. The Planning Commission shall have the right to limit the
number of stories in any or all of the buildings in the SD-77 district, or
the height of any other structure, when it finds that existing or proposed
developments on adjacent properties, or properties across a street or
alley, would be adversely affected unless such a limitation were
imposed.
2. Front Yard
There shall be a front yard of not less than twenty (20) feet.
3. Side Yard
Each side yard shall be not less than five (5) feet. On comer lots, the side
yard on the street side shall be not less than ten (10) feet.
4. Rear Yard
Except for Parcel 1, the minimum rear yard for parcels backing into the
adjacent development (parcels 2 through 10 and 27 through 36) shall be
thirty (30) feet. Such rear yard may be reduced to not less than twenty
Page 2 of 6
11 B-7
(20) feet, provided a landscape screen at least 12 feet in height is
provided. All other parcels, including parcel 1, shall provide a rear yard of
not less than twenty (20) feet. Such rear yard may be reduced to not less
than fifteen (15) feet, provided it has at least one thousand two hundred
(1,200) square feet of open area, exclusive of side yard areas.
5. Landscape
All single family dwelling yards shall be landscaped within six months of
the date of close of escrow. The landscape shall be installed pursuant
to section 41-240 and maintained pursuant sections 41-609 and 41-
609.5 of the Santa Ana Municipal Code.
The following additional standards shall apply:
(a) No more than fifty (50) percent of the front yard shall be covered
with hardscape. Hardscape shall be considered to include, but
not limited to, driveways, walkways, walls and water features.
(b) Landscape plans for each single-family dwelling shall be
reviewed and approved by the Planning Division prior to the
landscape installation.
(c) Walls and fences shall be installed pursuant to section 41-610 of
the SAMC, except that walls and fences shall be constructed of a
decorative block such as slump stone, split-face block or
equivalent and shall have decorative pilasters and caps. No
front yard fences shall be allowed.
(d) All side and rear yards shall be fenced. Side and rear yard
fences adjacent to a street shall require a five (5) foot setback,
which shall be fully landscaped.
SECTION 6 DEVELOPMENT STANDARDS FOR COMMON AREAS
The following general development standards are applicable to all common
areas and improvements:
1. Secondary Inqress and Eqress Drive Improvements
The secondary ingress and egress drive shall have a minimum 20-foot
wide paved roadbed with a minimum five (5) foot landscaped parkway
adjacent to the sound wall and three (3) foot landscaped parkway
adjacent to residential uses. The secondary drive shall be constructed
per the City Standards for Private Streets. The drive is intended to
serve as a secondary access road open to residents and their guests,
Page 3 of 6
11 B-8
property management, trash collection, fire protection, etc. but it will not
be a publicly dedicated street.
(a) There shall be a single landscape theme established for the
road.
(b) Lighting shall comply with the provisions of Chapter 8, Article II,
Division 3 of the SAMC. In addition, the light standards shall
comply with Public Works Agency Residential Light Standard No.
1126-1 or equivalent and shall not exceed 15 feet in height.
Light standards shall be painted black.
3. Common Open Space
Improvements to the common open space shall be fully implemented
prior to Building Division final and release of utilities of the first unit in
the development phase where the common area improvement is
located.
(a) All open space (except for Lot G) shall be fully landscaped and
illuminated. Lighting shall be installed in compliance with the
Police Department standards. Additional light standards, if
required, shall match those installed for the streets.
(b) Lot C shall be developed as a passive recreation area. The lot
shall incorporate seating and a trash receptacle to be approved
by the Planning Division.
4. Entry and Perimeter Walls
(a) The south and west perimeter walls shall not exceed six (6) feet
in height, as measured from the top of the curb, or eight (8) feet
from the top of the finish grade of the adjacent property at the
location of the wall. All walls shall be constructed of a decorative
block such as slump stone, split-face block or equivalent and
shall have decorative pilasters and caps.
(b) The northeast perimeter sound wall shall not exceed 20 feet in
height. The wall shall be constructed of decorative block, such
as slump stone, split-face block or equivalent, which shall not
exceed 15 feet in height. The additional wall (height) shall be
constructed of a clear material such as plate glass, Plexiglas or
glass block to reduce the visual height of the wall. The Planning
Commission shall approve the design.
Page 4 of 6
11 B-9
(c) To visually define the project entryways, colored paving
materials and concrete shall be used as accent materials at entry
locations.
(d) Entry walls shall not exceed eight (8) feet in height. The
Planning Commission shall approve the design and materials.
5. Mailboxes and other Appurtenances
(a) Mailboxes shall be uniform in design throughout the community.
They shall be either single or dual mounted boxes. If multi-unit
mailboxes are required by the U.S. Postal Service, they shall be
decorative in nature and be installed in a landscaped area.
(a) All appurtenances shall be located outside the walkway,
sidewalk and parkway, and shall be screened.
(b) All public and private utilities shall be installed in underground
vaults. The City shall approve the location.
SECTION 7 MISCELLANEOUS REGULATIONS
1. Requlations Specifically Included Herein By Reference
All requirements, limitations, restrictions and waivers encompassed in
Chapter 41, Article III, Division 24, of the Santa Ana Municipal Code
(PRO use district regulations) shall apply to SD-77 use district,
excepting therefrom the requirement of an approved conditional use
permit and any other requirements, limitations, restrictions and waivers
which are in conflict with other sections of this ordinance.
In addition, all requirements, limitations, restrictions and waivers
encompassed in Chapter 41, Article III, Division 3, of the Santa Ana
Municipal Code (R1 use district regulations) shall apply to SD-77 use
district, excepting therefrom the requirements of an approved
conditional use permit and any other requirements, limitations,
restrictions and waivers which are in conflict with other sections of this
ordinance.
2. Conditions. Covenants. and Restrictions (CC&Rs)
CC&Rs addressing ingress-egress, parking, drainage, private utilities,
emergency vehicle access, landscaping, cost sharing and maintenance
of the access road and common areas shall be recorded with the final
map.
Page 5 of 6
11 B-1 0
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MEMORY LANE
AUGUST 1, 2005
VESTING TENTATIVE
TRACTMAP NO. 16905 .
SITE PLAN
Attachment A
Page 6 of 6
11 B-11
REQUEST FOR
COUNCIL ACTION
~~
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
NOVEMBER 21, 2005
TITLE:
STREET NAME NO. 2005-01 FOR A 36
UNIT RESIDENTIAL DEVELOPMENT AT
2800 NORTH FARMERS DRIVE - SHEA
HOMES, APPLICANT
4
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CITY MANAGER
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Affirm the decision of the Planning Commission approving Street Name No.
2005-01.
PLANNING COMMISSION ACTION
On November 14, 2005, the Planning Commission adopted a resolution
approving Street Name No. 2005-01 by a vote of 7:0 to name three streets
for the Shea Homes residential development in the Specific Development
No. 77 (SD-77) zoning district at 2800 North Farmers Drive (Exhibit A) .
FISCAL IMPACT
There is no fiscal impact associated with this action.
M. Trevino
E cutive Director
Planning & Building Agency
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11\reports\sn05~Ol.cc
11 B-12
REQUEST FOR
Planning Commission Action
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PLANNING COMMISSION SECRETARY
PLANNING COMMISSION MEETING DATE:
NOVEMBER 14, 2005
TITLE:
FILED BY SHEA HOMES FOR STREET NAME
NO. 2005-01 FOR A 36 UNIT RESIDENTIAL
DEVELOPMENT AT 2800 NORTH FARMERS DRIVE
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
DENIED
o Applicant's Request
o Staff Recommendation
CONTINUED TO
Prepared by Lucy Linnaus
~utive Director
RECOMMENDED ACTION
II (L<.I'" ~~
Planning Mana r .
Adopt a resolution approving Street Name No. 2005-01.
DISCUSSION
Request of Applicant
Shea Homes is requesting approval of the street names for the Shea Homes
residential development at 2800 North Farmers Drive.
Property Description
The subj ect property is a 9.18 -acre, triangular shaped parcel of land
located north of Memory Lane, east of Flower Street and southwest of the
Santa Ana Freeway (1nterstate-5), which is presently in the process of
completing its entitlement process for the construction of 36 single
family dwellings. The site is located within the Specific Development
No. 77 (SD-77) zoning district and has a General Plan Land Use
designation of Low Density Residential. Surrounding land uses include
single-family residences to the west and south and the 1-5 freeway to
the north and east (Exhibits 1 and 2) .
Project Description
Shea Homes is proposing to subdivide the site to construct 36 single
family dwellings. The lots will range from 6,030 to 13,042 square feet
and will be developed with a two-story residence that ranges in size
from 3,153 to 4,330 square feet in size. The project will be developed
around three new public streets: A north-south street that will serve
as the primary entrance to the development and two east-west streets
(Exhibi t 3).
EXHIBIT A
11 B-13
SN No. 2005-01
November 14, 2005
Page 2
Analysis of the Issues
Shea Homes has filed Street Name No. 2005-01 to name three public
streets within the proposed development to provide addresses for the
buildings. To maintain continuity with the City addressing system, each
home will be addressed according to existing surrounding block numbers
(north 2700-2800 block and west 700 block). This addressing approach
will allow for quick identification and a more immediate response time
by the City's emergency response functions.
At its October 10, 2005 hearing, staff presented the Commission with three
streets names for consideration. After a discussion on the names, the
Planning Commission continued this item to allow consideration of
alternative street names. Staff, in conjunction with interested
residents, is now proposing the following names for consideration; Stone
Pine Glen (formerly Lavender Lane) , Pepper Tree Lane ( formerly
Cherrylaurel Court) and Aster Place (formerly Mimosa Circle) .
The Santa Ana Municipal Code (SAMC) designates the Planning Commission as
the decision making body for all street names. In reaching a decision,
the Planning Commission shall give consideration to established
guidelines. The proposed street names meet the guidelines outlined in
Section 33-6 of the SAMC as the streets names do not cause confusion with
other streets as none of the proposed names are used in Santa Ana. In
addition, the proposed street names are compatible with the traditional
names of the surrounding neighborhoods. As a result, it is recommended
that the Planning Commission approve Street Name No. 2005-01.
CEQA Compliance
In accordance with
Environmental Impact
comprehens i ve pro j ec t .
environmental review.
the California Environmental Quality Act,
Report No. 2005-01 has been prepared for the
Therefore, this action requires no additional
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EXHIBIT 1
11 B-15
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AGE N C Y
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STREET NAME 05-1
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SHEA HOMES RESIDENTIAL DEVELOPMENT
2800 NORTH FARMER DRIVE
P LAN N
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AGE N C Y
EXHIBIT 2
11 B-16
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I November7,2005 I
VESTlNG TENTATIVE
TRACT MAP NO. 16905
SITE PLAN
EXHIBIT 3
11 B-17
KG -11/4/05
RESOLUTION NO. 2005-73
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA TO NAME THE
STREETS LOCATED WITHIN THE SHEA HOMES
PROJECT LOCATED AT 2800 NORTH FARMERS
DRIVE (STREET NAME NO. 2005-01)
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. On October 10, 2005, the Planning Commission held a duly noticed public
hearing to consider the Shea Homes residential development located at
2800 North Farmers Drive. The Planning Commission continued Street
Name No. 2005-01 in order to allow consideration of alternative street
names.
B. The Planning Commission of the City of Santa Ana held a duly noticed
meeting on November 14, 2005. At that hearing, Street Name No. 2005-01
came before the Planning Commission as a business calendar item.
C. The Planning Commission took into consideration the policy guidelines
contained in Santa Ana Municipal Code Section 33-6. The street names of
Stone Pine Glen, Pepper Tree Lane, and Aster Place were selected as
shown on Exhibit "A" attached hereto and incorporated herein.
D. In accordance with the California Environmental Quality Act,
Environmental Impact Report No. 2005-01 has been approved and
adopted by the City Council for the comprehensive project. Therefore, this
action requires no additional environmental review.
Section 2. The Planning Commission of the City of Santa Ana hereby,
approves Street Naming No. 2005-01 as identified in Exhibit "A" attached hereto and
incorporated herein as though fully set forth.
ADOPTED this 14th day of November, 2005 by the following vote:
Resolution No. 2005-73
Page 1 of2
11 B-18
AYES: Commissioners: Betancourt, Cribb, De La Torre, Gartner, Leo, Lutz,
Rodriguez (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
Christopher Leo
Vice-Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2005-73 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on November 14, 2005.
Date:
Clerk of the Planning Commission
City of Santa Ana
Resolution No. 2005-73
Page 2 of 2
11 B-19
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AUGUST " 2005
VESTlNG TENTATIVE
TRACT MAP NO. 16905
SITE PLAN
EXHIBIT A
11 B-20
CITY COUNCIL COMMITTEE ON
NEIGHBORHOOD IMPROVEMENT/CODE ENFORCEMENT
Meeting Minutes
August23,2005
CALL TO ORDER
The meeting was called to order at 5:40 p.m. in Conference Room 1602, City Hall Ross
Annex.
ATTENDANCE
The following Council members were present: Lisa Bist, Alberta Christy and Carlos
Bustamante
Staff present were: Dave Ream, City Manager; Jay Trevino, Executive Director/Planning
and Building Agency; Ben Kaufman, Chief Assistant City Attorney; Will Hayes, Public
Works Maintenance Service Manager; Bruce Dunams, Community Preservation Manager;
Estella Rodarte, Senior Community Preservation Inspector; and Paula Lomeli, Senior
Community Preservation Inspector.
AGENDA ITEMS
(
1.
APPROVAL OF MINUTES - JULY 26,2005 MEETING
Approved by a vote of 3:0
2. MOBILE VENDING ORDINANCE DISCUSSION
Bruce Dunams provided an update regarding his meeting with the County. They
discussed the trucks being taken to a commissary and product mix. The County
would like to maintain control of the process. Bruce also advised he had met with
Debra Fritz. Her two main concerns are the cost to update the trucks and the 500'
rule. After much discussion, the NI/CE Council Committee remained committed to
maintaining the 500' distance from schools. There was also discussion regarding
the G.P.S. system and it was decided to continue the evaluation of whether and how
this technology could be useful.
3.
SHOPPING CART ORDINANCE DISCUSSION
(
"
Ben Kaufman advised that he was working on a draft ordinance and that they have
been looking at other cities dealing with the same issue. Bruce Dunams stated that
the California Grocer's Association seemed agreeable to some sort of standards.
Lisa Bist requested Mr. Kaufman provide some costs for a shopping cart restraint
system. She also requested that Will Hayes provide a 6-month report regarding
pick-up activity in the city. Alberta Christy stated that carts are not being picked up
on weekends. Mr. Hayes will investigate.
13B-1
(
(
(
4.
STREET CURB ADDRESS PAINTING
Will Hayes gave a brief update on some options for address curb painting. He
indicated we could repeal the current ordinance, contract out, or that neighborhood
associations could use the issue as a fundraiser. When asked by Mr. Hayes, Julie
Stroud indicated there had been some discussion at Comm Link and that they felt it
would be too much work. Mr. Hayes was asked to come back with some cost
estimates to use outside vendors.
5. PUBLIC COMMENTS - None
6. COMMITTEE MEMBER COMMENTS - None
7, ITEMS FOR NEXT MEETING
A. Shopping Cart Ordinance
B. Street Curb Address Painting
8. NEXT MEETING DATE: Tuesday, September 27,2005
BI'l ce unams
mmunity Preservation Manager
BD/rb
S:Council Comm/NICE CC/NICE Minutes 08-23-05
Neighborhood Improvement/Code
Enforcement Council Committee Minutes
2
August23,2005
13B-2
(
CITY COUNCIL COMMITTEE ON
NEIGHBORHOOD IMPROVEMENT/CODE ENFORCEMENT
Meeting Minutes
September 27, 2005
CALL TO ORDER
The meeting was called to order at 6:15 p.m. in the Council Chambers, 22 Civic Center
Plaza, Santa Ana.
ATTENDANCE
The following Council members were present: Lisa Bist, Alberta Christy and Carlos
Bustamante
Staff present were: Dave Ream, City Manager; Steve Harding, Deputy City
Manager/Development Services; Joe Fletcher, City Attorney; Jay Trevino, Executive
Director/Planning and Building Agency; Paul Walters, Police Chief; Ben Kaufman, Chief
Assistant City Attorney; Kenneth Adams, Assistant Director/PBA; and Estella Rodarte,
Senior Community Preservation Inspector.
(
AGENDA ITEMS
1.
APPROVAL OF MINUTES -AUGUST 23,2005 MEETING
Approved by a vote of 3:0
2. MOBILE VENDING ORDINANCE DISCUSSION
Steve Harding provided an overview of the history of the development of the entire
mobile vending ordinance. He summarized the number of activities, meetings and
community discussions that have taken place to date. He also provided an overview
of the ordinance. Committee Chair Bist recommended that the committee address
the issues of the mobile vending regulations in the order as presented in the "Survey
of Vending Regulations - September 2005". The committee agreed to discuss each
item separately and as recommended. The following is a summary of each of issues
and a recommended action as agreed upon by the committee.
(
. Hours of Operation
The committee reviewed the hours of operation as recommended and
determined that the proposed hours from 9:00 a.m. to 8:00 p.m. was fairly
consistent with the hours permitted within most of the surveyed jurisdictions. The
committee was not inclined to lengthen the time per day that vendors could
operate. The committee suggested it was appropriate to that the stationary
vendor's hours be consistent with both the transient vendors (Le. ice cream
trucks) and push cart vendors.
13B-3
(
(-
(
Recommended Action: Leave hours of operation (9:00 a.m. to 8:00 p.m.) as
proposed. Request that staff prepare separate legislation to impose the same
hours of operation on transient vendors.
· Time Limitations (Transient vendors only)
The committee discussed the possibility of reducing the proposed 90 minute time
limit to a number (10 minutes) consistent with our immediate surrounding
municipalities. The City Attorney noted the 90 minute figure had gone through a
significant judicial review during the litigation of the Fullerton trial case and he felt
that it would likely withstand all legal challenges.
Recommended Action: Leave the 90 minute time limitations as proposed.
· Distance Limits between Schools and Parks
Discussion among committee members was concise. Protection of the children
and other pedestrians was paramount.
Recommended Action: Leave the distance limits between schools and parks as
proposed.
· Distance (or separation) Limits between Units
Considerable discussion focused around increasing the separation distance from
100 feet. The City Attorney advised that separation standards are designed to
maintain traffic flow of the proposed streets in which mobile vendors might be
stationed. He noted the committee should make a determination of the proper
standard based upon the best interests served from a government health and
safety viewpoint.
Recommended Action: Increase the distance separation requirements from 100
feet to 200 feet.
· Maqnetic Siqns
Committee member Bustamante suggested that if the vendor trucks were
required to return to a commissary at night where vandalism would be minimized,
he would be willing to postpone the implementation of the magnetic sign
program.
Recommended Action: The committee recommended deferring the magnetic
sign requirement. The committee also stated that the sign requirement may be
imposed upon a chronic vendor violator, whose truck is unsightly or painted with
graffiti.
Neighborhood ImprovemenUCode
Enforcement Council Committee Minutes
2
September 27,2005
13B-4
(
. Vendor Costs
Steve Harding provided an overview of the cost components of mobile vending
program as presented by staff. He identified the costs associated with the
hardscape improvements ($2,030 per permanent space for physical
improvements to the property) and the administrative fee associated the program
(a maximum of approximately $614).
The committee discussed each of the components of the costs and various cost
consequences of different alternatives.
Recommended Action: The committee recommended the hardscape
improvement cost of $2,030 be adopted and amortized over a five year period.
The committee would endorse an administrative fee of $614 per annum for
staffing and permit costs. The committee acknowledged that the fees will be
adopted by separate ordinance and resolution at a future City Council meeting.
.
Site Selection
A detailed discussion ensued regarding the number (150) of fixed sites as
proposed by staff. The focal point of the discussion was whether the proposed
number was too high or too low. Staff provided information as to the
methodology used to determine its recommendation of 150.
(~
The committee also discussed obtaining adjacent property owner input regarding
approved locations. Subsequent discussion focused on whether any sites should
be located in "existing or proposed designated parking districts". The last
discussion points focused on the alternative site selection processes, including
but not limited to:
o Seniority system
o First come, first served basis
o Full lottery
o Truncated lottery (by quadrants or districts)
o Reverse lottery with priority site locations where each vendor
would identify their top three site locations
Recommended Action: The committee recommended accepting the proposed
150 sites and permit the council to adjust the number as necessary. The
committee determined that it was appropriate to seek input from impacted
property owners in terms of locating permanent mobile vending stations. The
committee agreed that no sites be located in existing or proposed designated
parking districts. The committee also recommended that a reverse lottery with
proposed priority site locations be implemented as method used to allocate
permanent sites throughout the community.
(
Neighborhood ImprovemenUCode
Enforcement Council Committee Minutes
3
September 27. 2005
13B-5
(
(-
(
3.
PUBLIC COMMENTS
The neighborhood association representatives noted they would like to work with the
vendors association to ensure that professional business practices are applied to the
mobile vending industry.
4. COMMITTEE MEMBER COMMENTS - None
5. ITEMS FOR NEXT MEETING - None
6. NEXT MEETING DATE: Tuesday, October 25,2005
ADJOURNMENT - 8:52 P,M,
~
Kenneth Adams
Assistant Director
Planning & Building Agency
KA:rb
S:Council CommlNICE CC/NICE Minutes 09-27-05
Neighborhood Improvement/Code
Enforcement Council Committee Minutes
4
September 27,2005
13B-6
CITY OF SANTA ANA
CITY COUNCIL COMMITTEE ON
MAIN STREET DEVELOPMENT
MINUTES
September 1, 2005
CALL TO ORDER
The meeting convened at 5:40 p.m. in City Hall, Room 831, 20 Civic Center Plaza,
Santa Ana, California.
ATTENDANCE
City Council Committee members present: Mayor Pro Tem Lisa Bist and
Councilmember Jose Solorio. Absent: Councilmember Claudia Alvarez.
Staff members present: Deputy City Manager of Development Services, Steve Harding,
Community Development Agency Executive Director Patricia C. Whitaker, Planning and
Building Agency Executive Director Jay Trevino, Executive Director of Pubic Works Jim
Ross, Chief Assistant City Attorney Benjamin Kaufman, Community Preservation
Inspector Alvaro Nunez, Redevelopment Assistant, Danell Mercado, and Senior Planner
) Sergio Klotz.
1
Community members present: None
AGENDA ITEMS
1, APPROVAL OF MINUTES - July 7,2005
Action:
The minutes were approved 2:0 (Absent: Alvarez)
2. PROPOSED CODE ENFORCEMENT ACTIONS
A Notice of Violation (NV) was issued to the Casa de Ceramica property at 2541
South Main regarding the banners and unpermitted signs. Apparently, tt1~
business owner has taken ownership of the property. Thus, the NV process
seemed more appropriate to follow rather than the citation process. If there is no
compliance, the property owner/business owner will be sent to a Hearing. If there
is no compliance after the Hearing, the NV may eventually lead to a criminal
case.
13B-7
)
The Clear Channel Billboard located just south of 2540 South Main by the
railroad was repaired and a new advertisement was displayed, although it was
quickly covered by graffiti.
Staff is working with SAPO regarding the selling of DVDs and CDs on the streets
in the Downtown area.
Enforcement regarding windows in the Downtown area is also being conducted.
3. ADAPTIVE REUSE OF SPURGEON BUILDING
At this time, Steve Harding informed the Committee that he was still waiting to
hear from Jay Mehan. Discussion then ensued regarding parking and tenants
living in the building. Staff will follow up on these issues.
4.
DOWNTOWN RESIDENTIAL PARKING PERMIT PROGRAM UPDATE
)
Ben Kaufman provided a handout with items that need to be considered and
decided upon for this program. A map showing parking meter locations was also
provided. Following a discussion, it was decided that staff would contact the Loft
Owners Association and request to be placed on their next meeting agenda to try
and educate Phase 1 & 2 Loft owners about monthly passes and the garage
security that is available and answer any other questions or concerns they may
have. Staff will update the Committee at the next meeting.
5.
LOFT SURVEY UPDATE
The survey was mailed and six responses were received. Danell Mercado will
make further contact with both Associations and update at the next meeting.
6. PROJECT UPDATES
a) 4TH Street Pushcart Status-
The carts have been ordered and payment has been made. The vendors
now prefer to have all of the carts delivered at once and have a grand event
so delivery of all carts is now anticipated to be February or March 2006. At
that time, health department stickers will be available for all the carts. Pat
Whitaker will contact the vendor for a timeline update and status of actual
carts built to date.
City Council Committee on Main
Street Development - Minutes
2
September 1, 2005
13B-8
b) SC Gas Buildinq
Dr. Jimenez of the Orange County Children's Therapeutic Arts Center and the
Chapman Film School are interested in possibly occupying the building. Both
organizations toured the building with Dave Ream. A decision is yet to be
made.
c) Phase III Olson Lofts Status
Jay Trevino has met with the Olson Company in a series of meetings in the
last few months. To date, there is no proforma as yet and density is still an
issue. Staff will continue working with the Olson Company on these issues
and on receiving a good project design from them.
d) Otis Buildinq Update
Pat Whitaker has been in contact with Rikki Zuckerman, owner of the Otis
Building, and the placement of the bus stop continues to be an issue. A
possible solution may be to request the owner to paint the building first and
then move the bus stop to its original location, which would be coordinated by
OCT A and the City. Staff will continue working on this issue.
)
e) Construction of Archway Siqn on South Main Street
The size and two possible locations (1st and Main and North of Warner) were
discussed. At the next meeting, Jim Ross will report on the feasibility of the
locations and the cost of the sign. In the meantime, Pat Whitaker will send
budget information to the Committee.
f) Nexus Entry Siqn Update
The art concept design was shown to the Committee. The City will be
responsible for retaining the artist, Nexus will fund the creation, and the City
will pay for maintenance, as the art will be in a public right of way. Having this
public art will be a precedent for the City of Santa Ana. A pedestal will also
be added. Jim Ross and Jay Trevino will update the Committee at the next
meeting.
7, PUBLIC COMMENTS - None
8. COMMITTEE MEMBER COMMENTS - None
City Council Committee on Main
Street Development - Minutes
3
September 1, 2005
13B-9
9,
ITEMS FOR FUTURE MEETINGS
Fa9ade Rebate Program
10, NEXT MEETING - October 6, 2005
ADJOURNMENT - The meeting was adjourned at 7:28 p.m. to October 6, 2005.
~t:MJIc
Patricia C. Whitaker
Recording Secretary
Community Development Agency
PCW /mlr
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City Council Committee on Main
Street Development - Minutes
September 1, 2005
4
13B-10
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
NOVEMBER 21, 2005
APPROVED
TITLE:
APPROPRIATION ADJUSTMENT
ACCEPTING FY 2005 COVERDELL
FORENSIC SCIENCE IMPROVEMENT
GRANT
o As Recommended
o As Amended
o Ordinance on 1 sl Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
/",
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/ /~ /
t~ /Q~~t'
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1.
Adopt a
Police
Justice,
Forensic
resolution authorizing the City Manager and
to execute a grant award agreement with the
Office of Justice Programs for the FY 2005
Improvement Grant in the amount of $48,188.
the Chief of
Department of
Paul Coverdell
2. Approve an appropriation adjustment recognizing the FY 2005 Paul
Coverdell Forensic Improvement Grant funds in the amount of $48,188
into the revenue account (account no. 128-01-5369) and appropriate
same into the FY 2005 Paul Coverdell Forensic Improvement Grant
expenditure accounts (account nos. 128-348-various).
DISCUSSION
The United States Department of Justice, Office of Justice Programs has
awarded the Santa Ana Police Department a $48,188 grant for the FY 2005
Coverdell Forensic Science Improvement Grant Program. This program
provides funding to state and local governments to improve the quality and
timeliness of forensic science and medical examiner services and/or to
eliminate backlogs in the analysis of forensic evidence, including
controlled substances, firearms examination, forensic pathology, latent
prints, questioned documents, toxicology, and trace evidence.
The Santa Ana Police Department will utilize a portion of the grant monies
to fund a part-time latent print examiner to help diminish and/or
eliminate the current backlog of print cases during the period of the
grant. The funding will also allow the department to expedite the
education and training of an existing full-time Forensic Specialist I I,
which would allow for improved quality and delivery of forensic science
analysis in the future.
20A-1
Coverdell Grant
November 21, 2005
Page 2
FISCAL IMPACT
Approval of the appropriation adjustment will enhance the FY 2005
Coverdell Grant revenue account (account no. 128-01-5369) and expenditure
accounts (account nos. 128-348-various) by $48,188.
APPROVED AS TO FUNDS AND ACCOUNTS:
( \) : I: I \
; '-----_1-- <'.--<..,. '* LiLA\....,.:-
Paul M. Walters
Chief of Police
Police Department
':{%\~S' ~ ~ t..l..) ~.J~~
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency j--
~ -1
20A-2
Iss10/07/05
RESOLUTION NO. 2005-111
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AUTHORIZING THE CITY
MANAGER AND THE CHIEF OF POLICE TO
EXECUTE A GRANT AWARD AGREEMENT FOR
THE 2005 COVERDELL FORENSIC SCIENCE
IMPROVEMENT GRANT FROM THE UNITED
STATES DEPARTMENT OF JUSTICE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA
ANA AS FOLLOWS:
Section 1. The City Council of Santa Ana hereby finds, determines and
declares as follows:
A. The Santa Ana Police Department has been selected to receive a
grant from the United States Department of Justice, in the amount
of $48,188.00, from the FY 2005 Paul Coverdell Forensic Science
Improvement Grant Program.
B. This Program provides funding to state and local governments to
improve the quality and timeliness of forensic science and medical
examiner services and/or to eliminate backlogs in the analysis of
forensic evidence.
C. The City of Santa Ana will utilize the grant monies to fund a part-
time latent print examiner to help diminish and/or eliminate the
current backlog of print cases. The funding will also allow the
department to expedite the education and training of an existing
full-time Forensic Specialist II.
Section 2. The City Council authorizes the City Manager and the Chief of
Police, or their designees, to execute the 2005 Coverdell Forensic Science
Improvement Grant Agreement in the amount of $48,188.00.
Section 3. The City Council of the City of Santa Ana hereby appoints the
Chief of Police, or his designee, as agent for the City of Santa Ana to conduct all
negotiations, execute and submit all documents, including but not limited to
applications, agreements, amendments and payment requests which may be
necessary for the completion of the aforementioned grant.
Reso 2005-111
Page 2 of 2
20A-3
Iss 10/07/05
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
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Laura Sheedy
Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Council members:
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the
attached Resolution No. 2005-111 to be the original resolution adopted by the
City Council of the City of Santa Ana on
Date:
Clerk of Council
City of Santa Ana
20A-4
CITY COUNCIL MEETING DATE:
"
~
CLERK OF COUNCIL USE ONLY:
REQUEST FOR
COUNCIL ACTION
NOVEMBER 21, 2005
TITLE:
APPROVED
APPROPRIATION ADJUSTMENT
ACCEPTING FY 2005/06
SUPPLEMENTAL LAW ENFORCEMENT
SERVICES FUND GRAN '.
~
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Approve an appropriation adjustment accepting FY 2005/06 Supplemental Law
Enforcement Services Fund (SLESF) grant funds in the amount of $507,457
into the revenue account (account no. 128-01-5370) and appropriate same
into the SLESF grant expenditure accounts (account nos. 128-349-various).
DISCUSSION
The State of California provides grant funding to state law enforcement
agencies through the Supplemental Law Enforcement Services Fund (SLESF).
This grant requires that funding be allocated to counties and cities in
accordance with specific requirements for front-line law enforcement
services. Front-line law enforcement typically includes community oriented
policing projects and special law enforcement activities that require use
of additional police officers in specially targeted saturation areas.
Total funding allocation is based on annual estimated population figures
for respective counties and cities. Based on Santa Ana's estimated
population figures for 2005, the Police Department has received a FY
2005/06 SLESF grant award of $507,457. This is the tenth year the Police
Department has received funding from the State of California through this
grant program.
On September 6, 2005, Council approved the proposed expenditure plan for
the FY 2005/06 SLESF grant. The Police Department proposes to utilize
approximately eight percent of this funding to purchase equipment and
supplies for a new Bicycle Rapid Response Team, with the remaining funds to
be used as originally approved by Council.
20B-1
SLESF FY 2005/06 Grant
November 21, 2005
Page 2
The Bicycle Rapid Response Team is a supplement to the standard mobile
field force configuration and will be deployed in situations of anticipated
civil unrest. Such situations may include protests, demonstrations, high
profile events, and other gatherings of large groups of people. The
Bicycle Rapid Response Team provides the ability to maneuver officers
through heavy pedestrian traffic and obstructions that would prohibit other
emergency vehicles. The team may also be used to respond to requests for
mutual aid from local law enforcement agencies in Orange County.
FISCAL IMPACT
Approval of the appropriation adjustment will enhance the SLESF FY 2005/06
Grant revenue account (account no. 128-01-5370) and expenditure accounts
(account no. 128-349-various) by $507,457.
APPROVED AS TO FUNDS AND ACCOUNTS:
, l
,.j(J~_-<J \,1- / /0 ---.
Paul M. Walters
Chief of Police
Police Department
'{\'(\~~ \ t--r J.~~ ~~, ,~
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency /---
(fJ-
20B-2
"
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
~
~
CLERK OF COUNCIL USE ONLY:
NOVEMBER 21, 2005
TITLE:
f2~
/ ,/)
- <- ... y.&,~-
ell MANAGER
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
OES-HAZARDOUS MATERIALS EMERGENCY
PREPAREDNESS GRANT
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Authorize the City Manager to accept a Hazardous Materials Emergency
Preparedness Grant in the amount of $32,000.
2. Approve an Appropriation Adj ustment appropriating $ 32,000 of grant
funds and transferring from the General Fund $8,000 in required
matching funds into the OES Hazardous Materials Emergency
Preparedness Grant revenue account (account no. 146-01-5361) and
appropriating the same into the OES - Hazardous Materials Emergency
Preparedness Grant expenditure account (account no. 146-331-various).
DISCUSSION
The State of California, Governor's Office of Emergency Services (OES)
has awarded the City of Santa Ana Fire Department a Hazardous Materials
Emergency Preparedness (HMEP) Grant. The grant is for $40,000,
consisting of $32,000 in grant funds and a required 20% ($8,000) in
matching funds. The grant is for the development or updating of an
emergency response plan to mitigate potential incidents involving the
transporting of hazardous materials through the City of Santa Ana.
20C-1
\.
OES-Hazardous Materials Emergency
Preparedness Grant
November 21, 2005
Page 2
FISCAL IMPACT
Acceptance of the HMEP Grant and Approval of the Appropriation Adjustment
of $40,000 will increase the anticipated revenues in the OES - Hazardous
Materials Emergency Preparedness (HMEP) Grant revenue account by $40,000
(account no. 146-01-5361) and appropriate the same into the OES
Hazardous Materials Emergency Preparedness (HMEP) Grant expenditure
accounts (account no. 146-331-various).
APPROVED AS TO FUNDS AND ACCOUNTS:
,,~~, \~-~,:c
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
(!!:J
20C-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
NOVEMBER 21, 2005
TITLE:
APPROVED
D As Recommended
D As Amended
D Ordinance on 151 Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
PURCHASE OF PLAYGROUND
EQUIPMENT UNDER THE HEALTHY
KIDS GRANT PROGRAM
//-/A:
/ v /
~~ /fl2"^
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Award a contract for the purchase of playground equipment under the Healthy
Kids Grant Program to Game Time in the amount of $151,292.05 for various
parks.
DISCUSSION
The Parks, Recreation and Corrnnunity Services Agency submitted an
application, under the Healthy Kids Grant Program for the purchase of play
equipment for city playgrounds. On November 10, 2005 the City was notified
that we were awarded a grant in the amount of $112,000. This grant requires
a 45% match for the purchase of playground equipment offer by Game Time.
The total value of the play equipment is $263,292.05. This action will
purchase six major play equipment for four park sites (Windsor, Centennial,
Sandpointe and Thornton Parks). Similar to the KaBoom Program, the
installation of the play equipment will require additional contract
services and/or volunteer effort to install. The purchase of play equipment
under this program significantly reduces the cost of the equipment.
FISCAL IMPACT
Funds for this grant are available in the Parks Acquisition and Development
Fund Account (account no. 301-232-6631) in the amount of $151,292.05.
APPROVED AS TO FUNDS AND ACCOUNTS:
.~
. {(~)"" C' D"~.. ~ ~\-~~ l _
Francisco Gutierrez
Executive Director
Finance & Mgmt Services Agency
do Mouet
Exec tive Director
Parks, Recreation and
Corrnnunity Services Agency
21A-1
21A-2
REQUEST FOR
COUNCIL ACTION
~
~~
CITY COUNCil MEETING DATE:
NOVEMBER 21, 2005
CLERK OF COUNCil USE ONLY:
TITLE:
CONTRACT RENEWAL FOR
LEASED VEHICLES
(SPEC. NO. 02-076)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
adJcz
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Renew the contract with Enterprise Fleet Services for leasing and
servicing of vehicles for a three-year period in an annual amount not
to exceed $124,618.
DISCUSSION
The Santa Ana Police Department leases vehicles for field assignments
for a variety of police personnel including the Personnel Department
background investigators, training personnel and Investigation
Department officers.
On September 3, 2002, the City Council awarded a contract to Enterprise
Fleet Services for a three-year period, with provision for one three-
year renewal. The vendor has agreed to renew the contract for 2006
vehicles at lease rates that are a minimum of five percent less than
the 2003 rates for the same models, a combination of Chevrolet Impala
and Malibu sedans.
Staff asked for a hybrid option for the new lease period. Current
available hybrids on the market include the Toyota Prius, Honda Civic
and Accord, and the SUV Ford Escape. According to the vendor, the 2006
Prius is not offered to commercial clients by Toyota and the Honda
Civic and Accord hybrids are not available in quantity orders. However,
the vendor did provide a quote for a comparable number of Ford SUV
Escape Hybrids at $178,388 annually. The lease rate quoted is 48%
higher than the Chevrolet Impala and 61% higher than the Chevrolet
Malibu sedans.
22A-1
CS :.183
Contract Renewal for Leased Vehicles
(Spec. No. 02-076)
November 21, 2005
Page 2
The sedan is more conducive to investigative work. Since there is no
hybrid option for leasing a sedan, and the only hybrid option provided
is substantially higher in cost, staff recommends the final renewal of
the contract to lease Chevrolet Impala and Malibu sedans.
FISCAL IMPACT
Funds are available in the various departmental Other Contractual
Services accounts (object code 6291)
APPROVED AS TO FUNDS AND ACCOUNTS:
i '/' ( I 1,\
'------~( lA.V-\ vtAU
Paul M. Walters
Chief of Police
'1\\~N:\.~ ~ ~~J> ')\. ~:-J>""-'
~\Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency~
f)--
PMW/KM/02-076-R.7:uc
22A-2
REQUEST FOR
COUNCIL ACTION
~
~dtlCal'On Is/;!.
~~
CITY COUNCIL MEETING DATE:
NOVEMBER 21, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACT RENEWAL FOR
BADGES
(SPEC. NO. 03-055)
-\ ~)
/) //-
aPvI;L~/
APPROVED
o As Recommended
o As Amended
o Ordinance on 15t Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Renew the contract with Sun Badge Company for the purchase of badges
and badge maintenance for a one-year period in the annual amount not to
exceed $21,000.
DISCUSSION
The Santa Ana Police Department provides badges for approximately 400
sworn officers and 280 non-sworn employees. Sworn officers are issued
either a duty badge to be pinned on their uniform or a flat badge with
a case for use by investigators wearing regular clothes. Non-sworn
employees are issued a permanent duty badge upon completion of
probation. Each month, 6-13 new badges are ordered, and 5-10 used
badges are sent out for repair and refurbishing. Additionally, 1-2
badges are replaced each month because they have been damaged beyond
repair. The contract provides for the purchase of badges, as well as
repairs and refurbishing.
On August 4, 2003, the City Council awarded a contract to Sun Badge
Company for a one-year period, with provision for two one-year
renewals. The vendor has performed satisfactorily during the past
contract period and has agreed to renew the contract without an
lncrease in pricing. Staff recommends the final renewal of the
contract.
22B-1
CS 383
Contract Award for Badges
(Spec. No. 03-055)
November 21/ 2005
Page 2
FISCAL IMPACT
Funds are available in the Police Property & Facilities Operating
Materials & Supplies account (account no. 11-343-6391)
APPROVED AS TO FUNDS AND ACCOUNTS:
(~ :\-c(j lv D .
Paul M. Walters
Chief of Police
':t-\\(\~~\ ';:.\~ ~ ~. ~.:"'o. A ......
JFrancisco Gutierrez
Executive Director
Finance & Mgmt. Services
Agencif
~
PMW/TO/03-055-R.7:UC
22B-2
REQUEST FOR
COUNCIL ACTION
~
~t:d"callon 1st)
~
CITY COUNCIL MEETING DATE:
NOVEMBER 21, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACTS RENEWAL FOR
AMMUNITION
(SPEC. NO. 03-078)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
QJ;J
t7 a-----
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Renew the contracts for ammunition for a one-year period in a total
aggregate amount not to exceed $68,113 with:
Adamson Police Products, formerly Adamson Industries
Dooley Enterprises, Inc.
San Diego Police Equipment Co., Inc.
DISCUSSION
The Santa Ana Police Department provides ammunition to its sworn
officers, primarily for use during training and range qualification
testing. Officers are required to re-qualify regularly to maintain
proficiency in the use of firearms. The contracts for ammunition are
designed to provide quality products at significant savings based on
quantity pricing.
On November 3, 2003, the City Council awarded contracts to Adamson
Police Products, formerly Adamson Industries; Dooley Enterprises,
Inc.; and San Diego Police Equipment Co., Inc. for a one-year period,
with provision for two one-year renewals. The vendors have agreed to
the second renewal option to the contracts, however, San Diego Police
Equipment has requested a minimal price increase for practice
ammunition due to manufacturer's increases. Dooley's Enterprises and
Adamson Police Products have agreed to renew the contract without an
increase in pricing. The recommended vendors have performed
satisfactorily during the past contract period. Staff recommends the
renewal of the contracts.
22C-1
CS 383
Contracts Renewal for Ammunition
(Spec. No. 03-078)
November 21, 2005
Page 2
FISCAL IMPACT
Funds are available in the Police Training Services Operating
Materials & Supplies account (account no. 11-334-6391).
!
"--,,
{'') f lv 1(J ,
--~~ ,
Paul M. Walters
Chief of Police
PMW/TO/03-078-R.7:uc
APPROVED AS TO FUNDS AND ACCOUNTS:
,\(\~'\ ~(' J." \\ '-~:- n ~
~Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency ,~~
~--
22C-2
REQUEST FOR
COUNCIL ACTION
~
~~
CITY COUNCIL MEETING DATE:
NOVEMBER 21, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACT AMENDMENT FOR
PERSONAL PROTECTIVE EQUIPMENT
KITS AND RE-SUPPLY MATERIALS
(SPEC. NO. 05-095)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
~!
~' /
/12~
. .
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Amend the contract with Airgas West,
protective re-supply materials by
$176,390.62.
Inc., for the purchase of personal
$75,000 for a total amount of
DISCUSSION
On August 16, 2004, the City Council accepted a $15 million Urban Area
Security Initiative grant from the Federal Department of Homeland
Security, through the State of California, Office of Homeland Security.
This initiative was designed to enhance the domestic preparedness of
urban areas by ensuring that all emergency first responders have
adequate equipment and systems to prevent, respond to and recover from
acts of terrorism. The grant provides total reimbursement to local
agencies for equipment purchases approved and authorized by the Office
of Disaster Preparedness.
On October 3, 2005, the City Council awarded a contract to Airgas West,
Inc. for the purchase of personal protective equipment (PPE) kits and
re-supply materials, to reduce first responders' exposure to
biological, chemical, and radiological threats. For safety reasons,
coveralls in the PPE kits are used one time only. Therefore, the
Police Department determined additional re-supply materials are
required. Airgas West, Inc. has agreed to extend the pricing, Staff
recommends authorizing the amendment to the contract.
220-1
CS 3b3
Contract Amendment for Personal Protective
Equipment (PPE) kits and Re-supply Materials
(Spec. No. 05-095)
November 21, 2005
Page 2
FISCAL IMPACT
Funds are available in the Office of Emergency Services
Areas Security Initiative (UASI) Grant Police Operating
Supplies account (account no. 125-331-6391).
(OES) Urban
Materials &
APPROVED AS TO FUNDS AND ACCOUNTS:
\', "\,
/'...J' l-l
'L. , ll4.,~ \'--J,,---:---
Paul M. Walters
Chief of Police
PMW/TO/05-095-A.7:uc
\-(\~~~~ ~[' l~ ~ ~-~^---'-'
~Francisco Gutierrez
Executive Director
Finance & Mgmt. Services AgenC~~
~
220-2
REQUEST FOR
COUNCIL ACTION
~
~~
CITY COUNCIL MEETING DATE:
NOVEMBER 21, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACTS AWARD FOR FIREFIGHTER
PROTECTIVE CLOTHING & EQUIPMENT
(SPEC, NO. 05-102)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
/~d2
/ / / :/
~~~ - l~~
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Reject the bid from Allstar Fire Equipment as nonresponsive.
2.
Award a
clothing
$77.872.
contract for
and equipment
the purchase of
to L.N. Curtis &
firefighter
Sons in the
protective
amount of
DISCUSSION
In an effort to protect fire suppression personnel in the performance
of their duty, the Fire Department Maintenance Section provides
protective clothing for approximately 200 firefighters and 80 reserve
firefighters. The ensemble includes, but is not limited to, turnout
trousers, turnout coat and rubber boots, is worn on all structure
fires, vehicle accidents, hazardous materials incidents and most
training sessions, and over a period of time will deteriorate due to
excessive use. The Santa Ana Fire Department Maintenance Division
keeps a minimum quantity of this ensemble in storage. The items in
storage are issued on an as needed basis and purchased annually.
The California Occupational Safety and Health Administration (CalOSHA)
mandates minimum requirements for firefighter protective turnout
clothing, and the National Fire Protection Agency (NFPA) requires
replacement after a five-year service life, or as necessary to replace
worn gear. The recommended actions will allow for another phase of
turnout coat and trouser, and rubber boots replacement.
22E-1
CS 38:J
Contracts Award for Firefighter Protective
Clothing & Fire Equipment
(Spec. No. 05-102)
November 21, 2005
Page 2
In addition to the protective clothing, the Fire Department requires
equipment such as ball valve shutoffs, nozzle tips, connectors, and
swivel adapters to outfit a new fire pumper that was recently purchased
to replace a 1981 Crown pumper. The equipment on the Crown pumper is
outdated and does not meet current standards.
The notice inviting bids
and bids were solicited.
received is as follows:
was advertised on September 12 and 14, 2005,
A summary of the bid invitations and bids
8 Invitations for Bid mailed
1 Invitation for Bid mailed to Santa Ana vendor
2 Bids received
Bids were received and opened on September 22, 2005. The bids were
evaluated based upon standards established by the Santa Ana Fire
Department. Allstar Fire Equipment, Inc. bid an alternate turnout coat
and trouser that has not been approved by the Santa Ana Fire Department
and is therefore nonresponsive. However, the Santa Ana Fire Department
has agreed to wear test the alternate turnout trouser and coat for
future purchases. The bid received from L.N. Curtis & Sons is
responsive to the specification and meets the City's requirement.
FISCAL IMPACT
Funds are available in the Fire Maintenance Operating Materials &
Supplies account (account no. 11-327-6391).
APPROVED AS TO FUNDS AND ACCOUNTS:
~\\S\~~.\ ""t' n '1\,~ ,=--~ '
tftFrancisco Gutierrez -
Executive Director
Finance & Mgmt. Services
AgeiJ"f
22E-2
REQUEST FOR
COUNCIL ACTION
~
,-'l~\
'v ~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
NOVEMBER 21, 2005
TITLE:
CONTRACT AWARD FOR
FLOOR COVERING
(SPEC. NO. 05-105)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
ak1l/7
/ ~ .(~---
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Award a contract to Interior Resources Inc. d/b/a Commercial Interior
Resources for the purchase of floor covering in the amount of $27,165.
DISCUSSION
The Santa Ana Police Administration Facility includes a ground floor
fitness center, which is available for use by both Police and City
staff. During the past four years, slab moisture intrusion has
damaged the impervious rubber flooring, causing it to lift and creating
an unsafe environment. The contract will provide for the replacement
of the existing rubber flooring with a more porous product designed to
permit evaporation.
The notice inviting bids was advertised on September 19-20,
bids were solicited. A summary of the bid invitations
received is as follows:
2005, and
and bids
8 Invitations For Bid mailed
3 Bids received
Bids were received and opened on September 15, 2005
bid received from Commercial Interior Resources is
specification.
(Exhibit 1).
responsi ve to
The
the
22F-1
CS 383
Contract Award for Floor Covering
(Spec. No. 05-105)
November 21, 2005
Page 2
FISCAL IMPACT
Funds are available in the Police Special Revenue General Maintenance &
Repairs of Buildings & Grounds account (account no. 24-331-6261).
/ ~' f'
'~'" _,. , ~/ J~
Paul M. Walters
Chief of Police
PMWjBPj05-105.7:uc
APPROVED AS TO FUNDS AND ACCOUNTS:
'{\\.t\~ ~~" 1 '> ~ ~~:-A.-' _
~Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Age~~
22F-2
ABSTRACT OF BIDS
CONTRACT AWARD FOR FLOOR COVERING (SPEC. 05-105)
Vendor
Location
Commercial SCS Flooring JJJ Floor
Interior Systems Covering
Resources
Irvine Orange Pico Rivera
$ 27,165.00 $ 40,881.00 $ 44,750.00
Total Cost
22F-3
22F-4
REQUEST FOR
COUNCIL ACTION
~
~~~,
'-V V"
CITY COUNCIL MEETING DATE:
NOVEMBER 21, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACT AWARD FOR
PURCHASE OF BOOKS
(SPEC. NO. 05-110)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
/' ;2
) / I
U I/k~ ----
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Award a contract to McNaughton Book Service for a three-year period in
an annual amount not to exceed $35,000.
DISCUSSION
The Library utilizes McNaughton Book Service to provide pre-processed
"shelf-ready" best sellers to library patrons. McNaughton is the only
vendor able to provide a pre-publication list of best sellers. The
service allows library patrons to place advanced holds on books prior
to receipt. McNaughton Book service has performed satisfactorily in
previous years and Library staff recommends award of the contract.
FISCAL IMPACT
Funds are available in the Library Adult and Youth Services Books
Records Video accounts (account nos. 11-212-6651 and 11-213-6651) .
APPROVED AS TO FUNDS AND ACCOUNTS:
///,/7 / //~-
~,. ;//
I //
Rob Ricfiard
Library Director
'::\\\'C\""'~\ ~Il' 0, ~~:: ~
~ Francisco Gutierrez ~
Executive Director ~
Finance & Mgmt. Services Agency
RR/BP/05-110.4:UC
22G-1
CS 383
22G-2
REQUEST FOR
COUNCIL ACTION
~
.,~
CITY COUNCIL MEETING DATE:
NOVEMBER 21, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACT AMENDMENT FOR
GATE OPERATOR
(SPEC. NO. 05-118)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For__
a"/l12~--
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Amend a contract with Vortex Industries, Inc. to increase the aggregate
limit by $10,000 for the purchase and installation of a gate operator
in an annual amount not to exceed $20,000.
DISCUSSION
To secure access to the Corporation Yard, vehicle entrances
controlled by mechanically operated gates. The existing
controllers are obsolete and replacement parts are unavailable.
are
gate
In June of 2005, informal quotations were solicited for replacing one
gate controller and a contract was awarded to Vortex Industries, Inc.
Subsequently, the Fleet Services Manager has identified a second gate
operator in need of replacement. Left unsecured, the area is
susceptible to access by unauthorized personnel and theft. The cost of
the purchase, when combined with previous purchases by Fleet Services
during the current fiscal year exceeds the $10,000 aggregate limit and
requires City Council approval.
FISCAL IMPACT
Funds are available in the
Services account (account no.
City Yard Operations
85-107-6291) .
Other
Contractual
APPROVED AS TO FUNDS AND ACCOUNTS:
~ 1:'"-<:>.. ""~ ~ "'.h '1\,~ ~ ,
l1 Francisco Gutierrez
Executive Director
Finance and Management Services
FG/BP/05-118-A.2:uc
Age~~,
22H-1
CS 38:3
22H-2
CITY COUNCIL MEETING DATE:
~
~
CLERK OF COUNCIL USE ONLY:
REQUEST FOR
COUNCIL ACTION
NOVEMBER 21, 2005
TITLE:
APPROVED
CONTRACT CHANGE ORDER NO.2;
ANGELS, CABRILLO, FISHER, AND
RIVERVIEW PARKS ROOF
REPLACEMENT (PROJECT 04-6404)
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
/~
FILE NUMBER
RECOMMENDED ACTION
Approve Change Order No. 2 for replacement of roofs at Angels,
Cabrillo, Fisher and Riverview Parks for an estimated cost of $15,000.
DISCUSSION
Change Order Number: 2
Project Description:
Angels, Cabrillo, Fisher and Riverview Parks
Roofs Replacement
Contractor: Long Beach Roofing, Inc.
2827 East 14th Street
Long Beach, California 90804
Original Contract Cost: $66,199
Amount of this
Change Order:
$15,000
22.7%
Previously approved
Change Order:
20,345
30.7
Total Change Orders:
$35,345
53.4%
23A-1
Change Order No. 2
Project No. 04-6404
November 21, 2005
Page 2
The contract documents require the replacement of existing roofing of
the restrooms in Cabrillo and Ri verview Parks. After removal of the
roofing materials, termite damage was found on several structure wood
beams and extensive area of sheathing, which need to be replaced before
the new roofs can be installed.
Estimated cost = $15,000
The Council's approval is required to cover the extra costs exceeding
the project contingency.
FISCAL IMPACT
The cost for the change order is estimate at $15,000. Funds are
available in the Robert Z'Berg Harris Grant (account no. 161-270-6631)
and in the Park Acquisition and Development Funds (account no. 301-232-
6631) .
APPROVED AS TO FUNDS AND ACCOUNTS:
$-c~:J<...- ;:f:;{/7?,t~ . /.., ,..
James G. }fuss C/ .
Executive Director
Public Works Agency
~\
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
k Ger rdo Mouet
\~ Exec tive Director
Parks, Recreation & Community
Services Agency
K:\Construction\RFCA\04-6404 2005-11-21 C02
23A-2
CITY COUNCil MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCil USE ONLY:
NOVEMBER 21, 2005
TITLE:
AGREEMENT AMENDMENT FOR
LIBRARY AUTOMATION SYSTEM
SERVICE AND SUPPORT
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
*u
Otil!J12~
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to amend the agreement with The Library Corporation,
Inc. to provide two years of database subscription service and
maintenance, for a total amount not to exceed $60,000.
DISCUSSION
On June 16, 2003, the City Council approved an agreement between the City
of Santa Ana and The Library Corporation, Inc. to provide a library
automation system. The Library Corporation, Inc. has provided the Library
wi th a web based client server. The system offers integrated library
automation, which provides increased functionality for staff and ease of
use for patrons.
The database subscription service and maintenance will continue to provide
uninterrupted service to the Library and its patrons. This service
includes telephone support, licensed software updates and enhancements,
staff training, online access to cataloging resources, and enhanced
content databases. These services enable staff to better serve the public
and perform their jobs efficiently.
FISCAL IMPACT
Funds are available in the Library's Administration & Support Services,
Other Contractual Services Fund account (account no. 11-216-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
.,~
'if /
Rob iichlird
Executive Director
Library
':\-~'~~~G' LJ ~ \~.i~ --:,
Franci~co G~tierrez ~
Executlve Dlrector ~
Finance and Management Services
25A-1
25A-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
NOVEMBER 21, 2005
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2005-08 FOR THE
PROPERTY LOCATED AT 1112 NORTH
OLIVE STREET
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
f2jfla~
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with Myrna L. Young for
the structure located at 1112 North Olive Street.
HISTORIC RESOURCES COMMISSION ACTION
Recommended that the City Council direct the City Attorney to prepare and
authorize the City Manager and the Clerk of the Council to execute an
agreement with Myrna L. Young for the structure located at 1112 North
Olive Street at its November 3, 2005 meeting by a vote of 9:0.
DISCUSSION
After the public hearing on November 3, 2005, the Historic Resources
Commission reviewed the proposed Historic Property Preservation Agreement
(Mills Act Contract) and concluded that the resulting potential property
tax savings would encourage the owner to reinvest the tax savings in the
maintenance of their historic property, and would benefit both the owner
and the community (Exhibit A). Additionally, the agreement prevents
inappropriate alterations.
25B-1
HPP Agreement No. 2005-08
November 21, 2005
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax
revenue to the City by an estimated $63.48 to $317.38 annually, for a
period of not less than ten years.
APPROVED AS TO FUNDS AND ACCOUNTS:
~~,~" '" \\. ~..
Francisco Gutierrez
Executive Director
Finance & Management Services Agenc~~
Jay M. Trevino
Exe ive Director
Planning & Building Agency
HS:rb
hs\historic info\mills act agreements\hppa05-08-1112_N_Olive.cc
25B-2
REQUEST FOR
Historic Resources Commission Action
~
~
HSTORIC RESOURCES COMMISSION SECRETARY
HISTORIC RESOURCES COMMISSION M~DATE:
NOVEMBER 3, 2005
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2005-08 FOR THE PROPERTY
LOCATED AT 1112 NORTH OLIVE STREET
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
CONTINUED TO
Prepared by Hally Soboleske
~cutive Director
1Ln~~
Planning na r
RECOMMENDED ACTION
Recommend that the City Council direct the City Attorney to prepare and
authorize the City Manager and the Clerk of the Council to execute an
agreement with Myrna L. Young for the structure located at 1112 North
Olive Street.
DISCUSSION
Request of Applicant
The applicant, Myrna L. Young, requests
Property Preservation Agreement No. 2005-08
applicant and the City of Santa Ana.
the approval
(Mills Act)
of Historic
between the
Property Description
The subj ect property includes a single story residence and a detached
one-car garage located at 1112 North Olive Street, and is within the
Washington Square neighborhood. Surrounding land uses are residential.
Analysis of the Issues
In March 1999, the City Council approved an ordinance authorizing
Historic Property Preservation Agreements (HPPA), commonly known as the
Mills Act contracts, for eligible historic properties. The agreement
provides monetary incentive to the property owner in the form of a
property tax reduction in exchange to the owner's voluntary commitment
to maintain the property in a good state of repair and to rehabilitate
the property as necessary to maintain its character and appearance.
Once recorded, the agreement triggers the use of a different valuation
method in determining the property's assessed value, thereby resulting
in potentially significant property tax savings for the owner.
EXHIBIT A
25B-3
HPPA No. 2005-08
November 3, 2005
Page 2
One of the eligibility requirements for the Mills Act is that the
property must be listed on the Santa Ana Register of Historical
Properties. The subject property was placed on the local register and
categorized as Contributive in September 2005 by the Historic Resources
Commission (Exhibit 1)
Upon consideration of the application, it is recommended that the City
enter into a Historic Property Preservation Agreement (Exhibit 2). A
review of the property indicates that this English Revival styled
structure is in excellent condition. As a result, a supplemental
property rehabilitation plan will not be required as part of this
agreement. Photos of the property are included with the agreement as
well as a photo location map. The benefits of executing this agreement
include, but are not limited to, the following:
1. Reduced property tax to allow reinvestment for the long-term
preservation of the property.
2. Allows for a mechanism to provide for property rehabilitation.
3. Provides an additional incentive for potential buyers to purchase
historic structures.
4. Discourages inappropriate alterations to the historic property.
5. Provides an opportunity for visual improvement to the physical
environment of the community.
6. Offers additional support and attention for historic districts and
historic structures in the City.
CEQA Compliance
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. A Notice of Exemption
will be filed for this project.
~
Assistant Planner II
HS:JM
hs\historic info\mills act agreements\hppaOS-OB-1112_N_Olive.hrc
25B-4
EXECUTIVE SUMMARY
NALL HOUSE
1112 North Olive Street
Santa Ana, CA 92703
NAME
ADDRESS
CITY
YEAR BUILT
Nail House
REF. NO.
1112 North Olive Street
Santa Ana
ZIP 92701
ORANGE COUNTY
1923
LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT
N/A
NEIGHBORHOOD
Floral Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION
3
CALIFORNIA REGISTER STATUS CODE
5S1
Location: 0 Not for Publication
I:8J Umestricted
o Prehistoric
I:8J Historic
o Both
ARCHITECTURAL STYLE: Late Nineteenth and Twentieth Century Revivals/Other: English Revival
A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew
upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but
not exaggerated pitch. A characteristic sloped roof treatment incorporates rakes of uneven lengths, with one side of a gable extending
a greater distance than the other, sometimes changing the angle of slope in the process. Arches may be used for windows and doors,
and, unlike their Tudor cousins, are often rounded rather than pointed. Windows are usually clustered in groups on the fa~ade and are
often multi-paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical
in composition:
SUMMARY/CONCLUSION:
The Nail House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of the
distinguishing characteristics of one of the popular revival styles of the 1920s and 1930s, the English Revival. The house also
contributes to the historic character of the Washington Square neighborhood through its age, style, and scale. Additionally, the house
has been categorized as "Contributive" because it "contributes to the overall character and history" of Washington Square, and, as an
intact and representative example of the English Revival, "is a good example of period architecture" (Municipal Code, Section 30-
2.2).
EXPLANATION OF
. Califomi ister Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7,
"How to Nominate Resources to the California Register of Historical Resour " September 4, 200 1.)
3: It embodies the distinctive characteristics of a type, period, , or method of construction, or represents the
work of a master, or possesses high artistic values.
. California Register Status Code: (From California Office of Historic Preservation. December 8, 2003.)
5S1: Individual property that is listed or designated locally.
zsm51
1
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
NRHP Status Code
Other Listings
Review Code Reviewer Date
Page -.L of L Resource name(s) or number (assigned by recorder) Nail House
P1. Other Identifier:
*P2. Location: DNot for Publication _Unrestricted *a. County Orange County
*b. USGS 7.5' Quad TCAOO54 Date:
*c. Address 1112 North Olive Street City Santa Ana Zip 92701
*e. Other Locational Data: Assessor's Parcel Number 405-283-024
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
Multiple gables keynote the design of this one and a half story, English Revival residence. A tall, clipped side gable spans
the width of the house, anchored at each end by projecting, one-story, front-gabled wings of different sizes. Roof detailing
includes close cropped eaves with no overhangs, a chimney that rises above the north elevation, and a wrought iron
weathervane attached to the ridge of the south gable. Narrow louver vents with pointed heads are centered in the gable
ends. Exterior walls are finished with stucco. A tripartite casement window, multi-paned and topped by a transom with a
segmental arch head, is centered on the fa9ade of the north wing. Its counterpart in the south wing is a pair of six-light
casements. Occupying the space between the two projections, the entry patio is defined by a low stucco wall with a concave
top. The main entry faces south, sheltered by a small overhang, while a pair of French doors flanked by sidelights is oriented
towards the street. The property also includes a front-gabled garage in the rear. It is in good condition and appears to be
substantially intact; possible alterations include refinishing of the stucco and perhaps a new window to the upper story on the
south elevation.
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property
*P4. Resources Present: _Building DStructure o Object DSite DDistrict DElement of District DOther
P5a. Photo
*P11. Report Citation: (Cite survey report and other sources, or enter "none")
None.
P5b. Photo: (view and date)
East elevation
July 2005
*P6. Date Constructed/Age and
Sources: _historic
1923/Source: City of Santa Ana
Building Permit
*P7. Owner and Address:
Myrna L. Young
1112 North Olive Street
Santa Ana, CA 92701
*P8. Recorded by:
Leslie J. Heumann
SAIC
35 S. Raymond Ave. # 204
Pasadena, CA 91105
*P9. Date Recorded:
July 5, 2005
*P10. Survey Type:
Intensive Survey Update
*Attachments: DNone DLocation Map DSketch Map _Continuation Sheet _Building, Structure, and Object Record
DArchaeological Record DDistrict Record DLinear Feature Record DMilling Station Record o Rock Art Record
DArtifact Record DPhotograph Record 0 Other (list)
CPR 523A (1/95)
25846
*Required information
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
BUilDING, STRUCTURE, AND OBJECT RECORD
Page ~ of ~ *CHR Status Code 5S1
*Resource Name or #: Nail House
81. Historic Name: Nail House
82. Common Name: Same
83. Original Use: Single-family Residence 84. Present Use: Single-family residence
*85. Architectural Style: Late Nineteenth and Twentieth Century Revivals/Other: English Revival
*86. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1923.
November 1923. Residence and garage.
August 29, 1940. Reroof.
January 16, 1946. Add lath house to garage.
June 11,1975. Open aluminum patio cover.
*87. Moved? .No DVes DUnknown Date:
*88. Related Features:
Original Location:
Garage.
89a. Architect: Unknown
b. 8uilder: Unknown
*810. Significance: Theme Residential Architecture Area Santa Ana
Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity)
The Nail House is architecturally significant as a characteristic example of the revival styled homes built along the streets of
the Washington Square neighborhood during its most characteristic phase of development. According to City building permit
records, the house and garage were built for Carl W. Smiley, a real estate salesman who lived down the street, at 1015 North
Olive. Apparently, the house was built on speculation; listings in the city directories for 1112 North Olive for the first few years
labeled the occupancy as "transient." After a one year residency of Howard B. and Jessica Rapp in 1927, the house became
the home of Hubert B. and Frances N. Nail. Hubert B. Nail was an oral surgeon, a graduate of and later teacher at the
(See Continuation Sheet 3 of 3.)
811. Additional Resource Attributes: (List attributes and codes)
*812. References:
City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library
Sanborn Maps
(See Continuation Sheet 3 of 3.)
Sketch Map
813. Remarks:
o
o
o
(0
@
@
@
*Date of Evaluation: July 5, 2005
@
@-
*814. Evaluator: Leslie J. Heumann
(This space reserved for official comments.)
1112 N. Olive
Nail House
CPR 5238 (1195)
"Required information
25847
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page -.L of -.L Resource Name or # (Assigned by recorder) Nail House
'Recorded by Leslie J. Heumann 'Date July 5, 2005 [8] Continuation 0 Update
*810. Significance (continued):
University of Southern California College of Dentistry. His practice in Santa Ana spanned 35 years, and was shared in later
years with his son, Hubert H. Nail, also a dentist. Nail, Senior, passed away in 1962, by which time the family had long since
left the house on Olive Street.
Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as
Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of
Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection
as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods
developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with
cultivated fields and orchards dotted with widely scattered farmhouses.
The Matzen House is located in Washington Square, a neighborhood located northwest of the city center bounded by West
Seventeenth Street on the north, West Civic Center Drive on the south, North Flower Street on the east, and North Bristol
Street on the west. Most of this area was owned by the family of Jacob Ross, who had purchased portions of the Rancho
Santiago de Santa Ana in 1868 and 1869. Walnuts and other crops were grown in the area during the late nineteenth and
early twentieth centuries, with a few farmhouses, most notably the Ross-McNeal House at 1020 North Baker Street, dotting
the landscape. By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now
Civic Center) only as far as Washington and which contained only about a dozen homes. The status quo had not changed
much by 1915, when a brick yard was located at the northern terminus of Olive Street at Hickey. In 1925, the beginning of
the development that would convert this largely agricultural area into a middle class neighborhood of single-family homes
over the next 25 years had begun. In the late 1920s and early 1930s, the Tudor Revival and Spanish Colonial Revival
homes were the standard, with American Colonial Revival saltboxes and ranch style homes favored in the years before and
after World War II. During the 1930s, many of the homes were built by local contractor Emmett Rogers, who sold lots and
built homes according to standard plans, which individual property owners could customize to their tastes ('Washington
Square: A Neighborhood of Pride," Washington Square Neighborhood Association). With the return of servicemen following
the war and the accompanying demand for homes in southern California, the development of Washington Square was all but
completed.
The Nail House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of
the distinguishing characteristics of one of the popular revival styles of the 1920s and 1930s, the English Revival. Typical
features of this style illustrated by the house include its gabled roof configuration, U-shaped fa9ade, and incorporation of
arched openings. The house also contributes to the historic character of the Washington Square neighborhood through its
age, style, and scale. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall
character and history" of Washington Square, and, as an intact and representative example of the English Revival, "is a good
example of period architecture." Character-defining exterior features of the Nail House that should be preserved, include, but
may not be limited to: materials and finishes (stucco); roof configuration and detailing; massing; original windows and doors;
patio; chimney; architectural details such as the attic vents, entry lantern, and patio wall; and garage.
*812. References (continued):
Harris, Cyril M. American Architecture: An Illustrated EncvcloDedia. New York, WW Norton, 1998.
Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994.
McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.
National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National
Register Branch, National Park Service, US Dept. of the Interior, 1991.
Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995.
Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
'Washington Square: A Neighborhood with Pride." Washington Square Neighborhood Association, no date.
Santa Ana and Orange County Directories, 1924-1935.
"Dr. Nail, Pioneer Santa Ana Dentist, Dies." The Reaister. October 24, 1962.
CPR 523L
25848
MILLS ACT AGREEMENT
II 12 North Olive Street
Santa Ana, CA 92703
RECORDING REQUESTED BY:
City of Santa Ana
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
FREE RECORDING GOVERNMENT CODE ~6103
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ("Agreement") is made and entered into this November 7, 2005 by and
between the City of Santa Ana, a charter city and municipal corporation duly organized and
existing under the Constitution and laws of the of the State of California (hereinafter referred to
as "City"), and Myrna L. Young, (hereinafter referred to as "Owner"), owner of real property
located at 1112 North Olive Street, Santa Ana, California, 92703 in the County of Orange and
listed on the Santa Ana Register of Historical Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California
Government Code Section 50280 et seq. (known as the "Mills Act") to enter into
contracts with owners of qualified historical properties to provide for appropriate
use, maintenance, rehabilitation and restoration such that these historic properties
retain their historic character and integrity.
B. The Owner possesses fee title in and to that certain qualified real property
together with associated structures and improvements thereon, located at 1112
North Olive Street, Santa Ana, CA, 92703 and more particularly described in
Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter
referred to as the "Historic Property".
C. The Historic Property is officially designated on the Santa Ana Register of
Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana
Municipal Code.
D. The City and the Property Owner, for their mutual benefit, now desire to enter
into this Agreement which defines and limits the use and alteration of this
Historic Property in order to enhance and maintain its value as a cultural and
historical resource for the Owner and for the community; to prevent inappropriate
alterations to the Historic Property and to ensure that repairs, additions, new
building, and other changes are appropriate; and to ensure that rehabilitation and
maintenance are carried out in an exemplary manner.
- 1 -
EX2lSB>-9
MILLS ACT AGREEMENT
II 12 North Olive Street
Santa Ana, CA 92703
E. The Owner and the City intend to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section
50280 et seq., which will enable the Historic Property to qualify for an assessment
of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et
seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property
agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on November 7, 2005, and shall
remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the
effective date of this Agreement, such initial term will automatically be extended as provided in
California Government Code Sections 50280 through 50290 and in Section 2, below.
2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall
automatically be added to the initial ten (10) year term of this Agreement unless written notice of
nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the
Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual
renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual
renewal date, one (1) year shall automatically be added to the term of the Agreement as provided
herein.
c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a
written protest of City's decision of nonrenewal. The City may, at any time prior to the annual
renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal.
d. If either the Owner or the City serves notice to the other of nonrenewal in any
year, the Agreement shall remain in effect for the balance of the term then remaining, either from
its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following
conditions, requirements and restrictions:
- 2 -
25B-10
MILLS ACT AGREEMENT
II 12 North Olive Street
Santa Ana, CA 92703
a. Owner shall maintain the Historic Property in a good state of repair and shall
preserve, maintain, and, where necessary, restore or rehabilitate the property and its character-
defining features, notably the general architectural form, style, materials, design, scale,
proportions, organization of windows, doors, and other openings, textures, details, mass, roof
line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and
regulations, and conform to the rules and regulations of the Office of Historic Preservation of the
State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards and Guidelines for Historic Preservation Projects, These guidelines are attached
hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the
exterior of the property, as of the effective date of this Agreement, is documented in photographs
attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually
maintain the Historic Property in the same or better condition as documented in Exhibit C.
c. A view corridor enabling the general public to see the Historic Property from the
public right-of-way shall be maintained, and Owner shall not be permitted to block the view
corridor to the property with any new structure, such as walls, fences or shrubbery, so as to
prevent the viewing of the historic landmark by the public.
d. The following are prohibited: Demolition of the Historic Property or destruction
of character-defining features of the building or site; removal of trees and other major vegetation
unless removal is approved by a rehabilitation plan approved by the Historic Resources
Commission, paving of yard surface; exterior alterations or additions unless approved by the
Historic Resources Commission and such alternations are in keeping with the Secretary of
Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs,
doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as
cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is
unsightly by reason of its height, condition, or inappropriate location.
e. Owner shall allow reasonable periodic examination, by prior appointment, of the
interior and exterior of the Historic Property by representatives of the County Assessor, the State
Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana
as may be necessary to determine the Owner compliance with the terms and provisions of this
Agreement.
4. Furnishing of Information.
The Owner hereby agrees to furnish the City with any and all information requested
which may be necessary or advisable to determine compliance with the terms and provisions of
this Agreement.
5. Cancellation.
- 3 -
25B-11
MJLLSACTAGREEMENT
JIl2 North Olive Street
Santa Ana, CA 92703
a. The City, following a duly noticed public hearing by the City Council as set forth
in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the
Owner has breached any of the conditions of this Agreement, or have allowed the property to
deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or
if the City determines that the Owner has failed to restore or rehabilitate the property in the
manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the
Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code
Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half
(12 Y2) percent by Government Code Section 50286) of the current fair market value of the
property at the time of the cancellation, as determined by the county assessor, without regard to
any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural
disaster such that in the opinion of the City Building Official more than sixty (60) percent of the
original fabric of the structure must be replaced, this Agreement shall be canceled because, in
effect, the historic value of the structure will have been destroyed. No fee shall be imposed in
the case of destruction by acts of God or natural disaster,
c. If the Historic Property is acquired by eminent domain and the City Council
determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be
cancelled and no fee imposed, as specified in Government Code Section 50288.
6. Enforcement of Agreement.
a. In lieu of and/or in addition to any prOVIsIOns to cancel the Agreement as
referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the
Agreement. In the event of a default, under the provisions to cancel the Agreement by the
Owner, the City shall give written notice to the Owner by registered or certified mail, and if such
a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for
Development Services or designee within thirty (30) days thereafter, or if not corrected within
such a reasonable time as may be required to cure the breach or default, or default cannot be
cured within thirty (30) days (provided that acts to cure the breach or default may be commenced
within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner),
then the City may, without further notice, declare a default under the terms of this Agreement
and may bring any action necessary to specifically enforce the obligations of the Owner growing
out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief
against any violation by the Owner or apply for such relief as may be appropriate.
b. The City does not waive any claim of default by the Owner if the City does not
enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise
provided for in this Agreement or in the City's regulations governing historic properties are
available to the City to pursue in the event that there is a breach of this Agreement. No waiver by
the City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.
- 4 -
25B-12
MILLS ACT AGREEMENT
1112 North Olive Street
Santa Ana, CA 92703
7. Binding effect of Agreement.
a. The Owner hereby subjects the Historic Property, located at 1112 North Olive
Street, Assessor Parcel Number, 405-283-24, and more particularly described in Exhibit A, in
the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this
Agreement.
b. The City and Owner hereby declare their specific intent that the covenants,
reservations and restrictions as set forth herein shall be deemed covenants running with the land
and shall pass to and be binding upon the Owner's successors and assigns in title or interest to
the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering
or conveying the Historic Property or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the tenants, restrictions, and reservations
expressed in this Agreement regardless of whether such covenants, restrictions and reservations
are set forth in such contract, deed, or other instrument.
8. No Compensation.
Owner shall not receive any payment from the City in consideration of the obligation
imposed under this Agreement, it being recognized that the consideration for the execution of
this Agreement is the substantial public benefit to be derived therefrom and the advantage that
will accrue to the Owner as a result of the effect upon the assessed value of the property on the
account of the restrictions on the use and preservation of the property.
9. Notice,
Any notice required by the terms of this Agreement shall be sent to the address of the
respective parties as specified below or at other addresses that may be later specified by the
parties hereto.
City:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Owner:
Myrna L. Young
1112 North Olive Street
Santa Ana, CA 92703
- 5 -
25B-13
MILLS ACT AGREEMENT
11 12 North Olive Street
Santa Ana, CA 92703
10. General Provisions,
a. None of the terms, provisions, or conditions of this Agreement shall be deemed
to create a partnership between the parties hereto and any of their heirs, successors, or assigns,
nor shall such terms, provisions or conditions cause them to be considered joint ventures or
members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and
appointed officials, officers, agents, and employees harmless from liability for damage or claims
for damage for personal injuries, including death, and claims for property damage which may
arise from the direct or indirect use or operations of the Owner or those of his or her contractor,
subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the
use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall
defend the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all actions for damages caused by, or alleged to have been caused by, reason
of the Owner's activities in connection with the Historic Property.
c. This hold harmless provision applies to all damages and claims for damages
suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the
operations referred to in this Agreement regardless of whether or not the City prepared, supplied,
or approved the plans, specifications or other documents for the Historic Property.
d. All of the Agreements, rights, covenants, reservations, and restnctIOns
contained in this Agreement shall be binding upon and shall inure to the benefit of the parties
herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or
portion of the Historic Property, whether by operation of law on in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or
restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to
determine the rights and duties of any party hereunder, the prevailing party in such proceeding
may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and
other relief ordered by the court.
f. In the event that any of the proVIsIOns of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive
legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall
not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of
the State of California.
- 6 -
25B-14
MILLS ACT AGREEMENT
1112 North Olive Street
Santa Ana, CA 92703
11, Recordation.
No later than twenty (20) days after the parties execute and enter into this Agreement, the
City shall cause this Agreement to be recorded in the office of the County Recorder of the
County of Orange.
12. Notice of the Contract to Office of Historic Preservation.
No later than six (6) months of entering into the contract, the owner or agent of an owner
shall provide written notice of this Agreement to the Office of Historic Preservation.
13. Amendments.
This Agreement may be amended, In whole or In part, only by a written recorded
instrument executed by the parties hereto.
14, Effective Date
This Agreement shall be effective on the day and year first written above.
15. Signatures.
ATTEST:
CITY OF SANTA ANA
PATRICIA E. HEALY
Clerk of the Council
DA VID N. REAM
City Manager
Property Owner:
Date:
By:
Myrna L. Young
APPROVED AS TO FORM:
JOSEPHW. FLETCHER
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
- 7 -
25B-15
MJLLSACTAGREEMENT
JIl2 North Olive Street
Santa Ana, CA 92703
Exhibit A
Lot 38 of Tract 354, as per Map recorded in Book 15, Page 26 of Miscellaneous Maps, in
the Office of the County Recorder of said Orange County, California.
Assessor Parcel No. 405-283-24
- 8 -
25B-16
MILLS ACT AGREEMENT
1112 North Olive Street
Santa Ana, CA 92703
Exhibit B
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows:
1. Every reasonable effort shall be made to provide a compatible use for a property
which requires minimal alteration of the building, structure, or site and its
environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site
and its environment shall not be destroyed. The removal or alteration of any
historic material or distinctive architectural features should be avoided when
possible.
3. All buildings, structures, and sites shall be recognized as products of their own
time. Alterations that have no historical basis and which seek to create an earlier
appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the
history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this
significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which
characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced,
whenever possible. In the event replacement is necessary, the new material
should match the material being replaced in composition, design, color, texture,
and other visual qualities. Repair or replacement of missing architectural features
should be based on accurate duplications of features, substantiated by historic,
physical, or pictorial evidence rather than on conjectural designs or the
availability of different architectural elements from the other buildings or
structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage the historic
building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and reserve archaeological
resources affected by, or adjacent to any project.
9. Contemporary design for alternations and additions to existing properties shall not
be discouraged when such alterations and additions do not destroy significant
historical, architectural or cultural material, an such design is compatible with
- 9 -
25B-17
MILLS ACT AGREEMENT
11 12 North Olive Street
Santa Ana, CA 92703
size, scale, color, material and character of the property, neighborhood, or
environment.
10. Wherever possible, new additions or alterations to structures shall be done in such
a manner that if such additions or alterations need to be removed in the future, the
essential form and integrity of the structure would be unimpaired,
- 10-
25B-18
Exhibit C (photographs attached)
MILLS ACT AGREEMENT
1112 North Olive Street
Santa Ana, CA 92703
8 Front (east) elevation window detail
- 11 -
25B-19
MILLS ACT AGREEMENT
1112 North Olive Street
Santa Ana, CA 92703
() South elevation and detached garage
- 12 -
25B-20
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25B-21
25B-22
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
NOVEMBER 21, 2005
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2005-09 FOR THE
PROPERTY LOCATED AT 2008 NORTH
GREENLEAF STREET
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
~~(2~~
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Recommend that the City Council direct the City Attorney to prepare and
authorize the City Manager and the Clerk of the Council to execute an
agreement with Myrna L. Young for the structure located at 2008 North
Greenleaf Street.
HISTORIC RESOURCES COMMISSION ACTION
Recommended that the City Council direct the City Attorney to prepare and
authorize the City Manager and the Clerk of the Council to execute an
agreement with Myrna L. Young for the structure located at 2008 North
Greenleaf Street at its November 3, 2005 meeting by a vote of 9:0.
DISCUSSION
After the public hearing on November 3, 2005, the Historic Resources
Commission reviewed the proposed Historic Property Preservation Agreement
(Mills Act Contract) and concluded that the resulting potential property
tax savings would encourage the owner to reinvest the tax savings in the
maintenance of their historic property, and would benefit both the owner
and the community (Exhibit A). Additionally, the agreement prevents
inappropriate alterations.
25C-1
HPP Agreement No. 2005-09
November 21, 2005
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax
revenue to the City by an estimated $116.87 to $584.36 annually, for a
period of not less than ten years.
APPROVED AS TO FUNDS AND ACCOUNTS:
Ja~
ExecuE ve Dlrector
Planning & Building Agency
~~l'\.~1~ ~. ~ ~.
Gutierrez
Director
Management
Services Age~rr
HS:rb
hs\historic info\mills act agreements\hppa05~09~2008_N_Greenleaf.cc
25C-2
REQUEST FOR
Historic Resources Commission Action
~
~
HISTORIC RESOURCES COMMISSK)N SECRETARY
HSTORICRESOURCESCOMMISSK)N M~ DAlE:
NOVEMBER 3, 2005
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2005-09 FOR THE PROPERTY
LOCATED AT 2008 NORTH GREENLEAF STREET
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
CONTINUED TO
Prepared by Hally Soboleske
fr/\-
\ Executive Director
~~
Planning nag r
RECOMMENDED ACTION
Recommend that the City Council direct the City Attorney to prepare and
authorize the City Manager and the Clerk of the Council to execute an
agreement with Myrna L. Young for the structure located at 2008 North
Greenleaf Street.
DISCUSSION
Request of Applicant
The applicant, Myrna L. Young, requests
Property Preservation Agreement No. 2005-09
applicant and the City of Santa Ana.
the approval
(Mills Act)
of Historic
between the
Property Description
The subj ect property includes a single story residence and a detached
two-car garage located at 2008 North Greenleaf Street, and is within the
Floral Park neighborhood. Surrounding land uses are residential.
Analysis of the Issues
In March 1999, the City Council approved an ordinance authorizing
Historic Property Preservation Agreements (HPPA), commonly known as the
Mills Act contracts, for eligible historic properties. The agreement
provides monetary incentive to the property owner in the form of a
property tax reduction in exchange to the owner's voluntary commitment
to maintain the property in a good state of repair and to rehabilitate
the property as necessary to maintain its character and appearance.
Once recorded, the agreement triggers the use of a different valuation
method in determining the property's assessed value, thereby resulting
in potentially significant property tax savings for the owner.
EXHIBIT A
25C-3
HPPA No. 2005-09
November 3, 2005
Page 2
One of the eligibility requirements for the Mills Act is that the
property must be listed on the Santa Ana Register of Historical
Properties. The subject property was placed on the local register and
categorized as Contributive in September 2005 by the Historic Resources
Commission (Exhibit 1)
Upon consideration of the application, it is recommended that the City
enter into a Historic Property Preservation Agreement (Exhibit 2). A
review of the property indicates that this Mission/Spanish Colonial
Revival styled structure is in excellent condition. As a result, a
supplemental property rehabilitation plan will not be required as part
of this agreement. Photos of the property are included with the
agreement as well as a photo location map. The benefits of executing
this agreement include, but are not limited to, the following:
1. Reduced property tax to allow reinvestment for the long-term
preservation of the property.
2. Allows for a mechanism to provide for property rehabilitation.
3. Provides an additional incentive for potential buyers to purchase
historic structures.
4. Discourages inappropriate alterations to the historic property.
5. Provides an opportunity for visual improvement to the physical
environment of the community.
6. Offers additional support and attention for historic districts and
historic structures in the City.
CEQA Compliance
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. A Notice of Exemption
will be filed for this project.
~
Assistant Planner II
HS:JM
hs\historic info\mills act agreements\hppaOS-09-2008_N_Greenleaf.hrc
25C-4
EXECUTIVE SUMMARY
MOSHER HOUSE
2008 North Greenleaf Street
Santa Ana, CA 92706
NAME
ADDRESS
CITY
YEAR BUILT
Mosher House
I REF. NO.
2008 North Greenleaf Street
1929
ZIP I 92706 [ ORANGE COUNTY
LOCAL REGISTER CATEGORY: Contributive
NEIGHBORHOOD I Floral Park
CALIFORNIA REGISTER STATUS CODE [SSI
Santa Ana
HISTORIC DISTRICT I N/ A
CALIFORNIA REGISTER CRITERIA FOR EV ALVA TION
I 3
Location: D Not for Publication
[8J Umestricted
D Prehistoric
[8J Historic
D Both
ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival
The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival
vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include
curved parapets (or espadaiia); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by
large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between
1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama-
California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily
recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tile roof
coverings, flat roofs surrounded by tiled parapets; and stuccoed walls. The Spanish vocabulary also includes arches; asymmetry;
balconies and patios; window grilles; and decorative elements of wood, wrought iron, tile, or stone.
SUMMARY/CONCLUSION:
The Mosher House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of
the distinguishing characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as
"Contributive" because it "contributes to the overall character and history" of Floral Park, and, as an intact and representative example
ofa Spanish Colonial Revival home, "is a good example of period architecture" (Municipal Code, Section 30-2.2).
EXPLANATION OF CODES:
. California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7,
"How to Nominate Resources to the California Register of Historical Resources," September 4,2001.)
3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the
work of a master, or possesses high artistic values.
. California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.)
5S1: Individual property that is listed or designated locally.
25~151
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
NRHP Status Code
Other Listings
Review Code Reviewer Date
Page --1- of ~ Resource name(s) or number (assigned by recorder) Mosher House
P1. Other Identifier:
*P2. Location: DNot for Publication -Unrestricted *a. County Orange County
*b. USGS 7.5' Quad TSA 0054 Date:
"c. Address 2008 Norlh Greenleaf Street City Santa Ana Zip 92706
"e. Other Locational Data: Assessor's Parcel Number 002-091-03
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
Located on the west side of Norlh Greenleaf Street, this is a one-story residence designed in the Spanish Colonial Revival
style. A low-pitched, front and side gable roof, covered in red clay tiles, tops the building. Wood brackets punctuate the
modestly overhanging eaves. Stucco sheathes the exterior surfaces. The norlh end of the faqade is anchored by a
projecting, front-gabled wing, within which a large, fixed sash window with a scalloped head is centered. It is balanced at the
south end of the faqade by a projecting, polygonal bay with a turret-like roof Between the two projections, the entry patio is
defined by a low, stuccoed wall that extends south to the driveway. Three arched windows in a Palladian configuration
overlook the patio space. The entry faces south and is recessed within another scalloped archway. Other windows are
primarily casements in type. Details of the design include a wrought iron weathervane at the pinnacle of the turret, a wrought
iron and glass lantern at the entryway, clay pipe vents in the gable ends, a stucco-clad chimney attached to the norlh
elevation, and a wing wall that extends to the norlh. In the rear of the property, a one-story, stucco-sided and tile-roofed
garage continues the Spanish theme. The properly is substantially intact and is in good condition.
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Properly
*P4. Resources Present: -Building DStructure DObject DSite o District DElement of District DOther
P5a. Photo
None.
P5b. Photo: (view and date)
South and east elevations
July 2005
*P6. Date Constructed/Age and
Sources: _historic
1929/Source: City of Santa Ana
Building Permit
*P7. Owner and Address:
Myrna L. Young
1112 Norlh Olive Street
Santa Ana, CA 92701
*P8. Recorded by:
Leslie J. Heumann
SAIC
35 S. Raymond Ave. # 204
Pasadena, CA 91105
*P9. Date Recorded:
July 5, 2005
*P10. Survey Type:
Intensive Survey Update
*P11. Report Citation: (Cite survey
report and other sources, or enter "none")
*Attachments: DNone DLocation Map DSketch Map -Continuation Sheet -Building, Structure, and Object Record
DArchaeological Record DDistrict Record DLinear Feature Record DMilling Station Record DRock Art Record
DArtifact Record DPhotograph Record 0 Other (list)
DPR 523A (1195)
25C~6
"Required information
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
BUilDING, STRUCTURE, AND OBJECT RECORD
Page ~ of ~ *CHR Status Code 5S1
*Resource Name or #: Mosher House
81. Historic Name: Mosher House
82. Common Name: Same
83. Original Use: Single-family Residence 84. Present Use: Single-family residence
*85. Architectural Style: Mission/Spanish Colonial Revival
*86. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1929.
November 2, 1929. Residence and garage.
March 8, 1943. Reroof.
January 23, 1991. Low deck and patio cover.
August 3, 1992. Partial reroof.
*87. Moved? -No DYes DUnknown Date:
*88. Related Features:
Original Location:
Garage, driveway.
89a. Architect: Unknown
b. 8uilder: Unknown
*810. Significance: Theme Residential Architecture Area Santa Ana
Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity)
The Mosher House is architecturally significant as a characteristic example of the comfortably sized and fashionably detailed
revival styled homes that were built in Floral Park during the 1920s and 1930s. This Spanish Colonial Revival house and
garage were built for owner Leon H. Mosher and his wife Hettie, and cost $6,000. Mosher was a salesman at the Ira Chandler
& Son furniture store located at 214-220 North Main Street. The Moshers occupied the house at least through 1943,
according to city building permits.
(See Continuation Sheet 3 of 3.)
811. Additional Resource Attributes: (List attributes and codes)
*812. References:
City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library
Sanborn Maps
(See Continuation Sheet 3 of 3.)
Sketch Map
....:.....
GREEILEAF
813. Remarks:
...
TRA T
00
0) 0 0 CD (2) 0 (Vi
NO. 8U
lJ If II III "
J. "
@)~ @ @
R.$ 7-/2
... 2008 No. Greenleaf
#ELIOTROPE Mosher House
*814. Evaluator: Leslie J. Heumann
*Date of Evaluation: July 5, 2005
-. ,
(This space reserved for official comments.)
i@
--
~
DPR 5238 (1/95)
"Required information
25C47
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page ......L of......L Resource Name or # (Assigned by recorder) Mosher House
*Recorded by Leslie J. Heumann *Date November 30, 2004 lBJ Continuation 0 Update
*810. Significance (continued):
The Mosher House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East
Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and
widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981),
credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls,
New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land.
And that month, he began building custom homes in Santa Ana" (Oranae Countv Register, September 15, 1981). The parcel
chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the
Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange Countv
Reaister, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and
1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival.
The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa
Ana City Hall, the EI Toro Marine Base during World War /I, and the 1960 Honer Shopping Plaza. Honer lived in the
neighborhood he had helped to create, at 615 West Santa Clara Avenue.
In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral
Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa
Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial
Revival mansion at 2009 Victoria Drive. In the early post World War /I years, Floral Park continued its development as
numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style.
In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains its
identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.
The Mosher House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification
of the distinguishing characteristics of the Spanish Colonial Revival style. Notable design elements in this regard include the
materials used-stucco, tile, wood, and wrought iron; the incorporation of a patio and turret-like bay; and the use of arches of
various configurations. The house also contributes to the historic character of Floral Park through its age, style, and scale.
Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of
Floral Park, and, as an intact and representative example of a Spanish Colonial Revival home, "is a good example of period
architecture." Character-defining exterior features of the Mosher House that should be preserved, include, but may not be
limited to: materials and finishes (stucco); roof configuration and detailing; massing; original windows and doors,; chimney;
architectural details such as the vents, wrought iron features, roof brackets and patio wall; and garage.
*812. References (continued):
Harris, Cyril M. American Architecture: An Illustrated Encvclooedia. New York, WW Norton, 1998.
Marsh, Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994.
McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.
National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National
Register Branch, National Park Service, US Dept. of the Interior, 1991.
Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995.
Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
"Alison Honer Dies at 84," The Santa Ana Journal, September 21, 1981.
"Builder of Honer Plaza Dies," Oranae County Reaister. September 15, 1981.
"History of Floral Park." http.l/www.f1oral-park.com/page2.html
Talbert, Thomas (editor-in-chief). Historical Volume and Reference Works Includina Bioloaical Sketches of Leadina Citizens.
Volume I. Whittier, Historical Publishers, 1963.
Santa Ana and Orange County Directories, 1929-1932.
DPR 523L
25C'48
MILLS ACT AGREEMENT
2008 North Greenleaf Street
Santa Ana, CA 92703
RECORDING REQUESTED BY:
City of Santa Ana
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
FREE RECORDING GOVERNMENT CODE ~6103
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ("Agreement") is made and entered into this November 7, 2005 by and
between the City of Santa Ana, a charter city and municipal corporation duly organized and
existing under the Constitution and laws of the of the State of California (hereinafter referred to
as "City"), and Myrna L. Young, (hereinafter referred to as "Owner"), owner of real property
located at 2008 North Greenleaf Street, Santa Ana, California, 92703 in the County of Orange
and listed on the Santa Ana Register of Historical Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California
Government Code Section 50280 et seq. (known as the "Mills Act") to enter into
contracts with owners of qualified historical properties to provide for appropriate
use, maintenance, rehabilitation and restoration such that these historic properties
retain their historic character and integrity.
B. The Owner possesses fee title in and to that certain qualified real property
together with associated structures and improvements thereon, located at 2008
North Greenleaf Street, Santa Ana, CA, 92703 and more particularly described
in Exhibit "A," attached hereto and incorporated herein by reference, and
hereinafter referred to as the "Historic Property".
C. The Historic Property is officially designated on the Santa Ana Register of
Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana
Municipal Code.
D. The City and the Property Owner, for their mutual benefit, now desire to enter
into this Agreement which defines and limits the use and alteration of this
Historic Property in order to enhance and maintain its value as a cultural and
historical resource for the Owner and for the community; to prevent inappropriate
alterations to the Historic Property and to ensure that repairs, additions, new
building, and other changes are appropriate; and to ensure that rehabilitation and
maintenance are carried out in an exemplary manner.
- 1 -
EX I! fJ0-9
MILLS ACT AGREEMENT
2008 North Greenleaf Street
Santa Ana, CA 92703
E. The Owner and the City intend to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section
50280 et seq., which will enable the Historic Property to qualify for an assessment
of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et
seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property
agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on November 7, 2005, and shall
remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the
effective date of this Agreement, such initial term will automatically be extended as provided in
California Government Code Sections 50280 through 50290 and in Section 2, below.
2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall
automatically be added to the initial ten (10) year term of this Agreement unless written notice of
nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the
Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual
renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual
renewal date, one (1) year shall automatically be added to the term of the Agreement as provided
herein.
c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a
written protest of City's decision of nonrenewal. The City may, at any time prior to the annual
renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal.
d. If either the Owner or the City serves notice to the other of nonrenewal in any
year, the Agreement shall remain in effect for the balance of the term then remaining, either from
its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following
conditions, requirements and restrictions:
- 2 -
25C-1 0
MILLS ACT AGREEMENT
2008 North Greenleaf Street
Santa Ana, CA 92703
a. Owner shall maintain the Historic Property in a good state of repair and shall
preserve, maintain, and, where necessary, restore or rehabilitate the property and its character-
defining features, notably the general architectural form, style, materials, design, scale,
proportions, organization of windows, doors, and other openings, textures, details, mass, roof
line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and
regulations, and conform to the rules and regulations of the Office of Historic Preservation of the
State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards and Guidelines for Historic Preservation Projects. These guidelines are attached
hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the
exterior of the property, as of the effective date of this Agreement, is documented in photographs
attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually
maintain the Historic Property in the same or better condition as documented in Exhibit C.
c. A view corridor enabling the general public to see the Historic Property from the
public right-of-way shall be maintained, and Owner shall not be permitted to block the view
corridor to the property with any new structure, such as walls, fences or shrubbery, so as to
prevent the viewing of the historic landmark by the public,
d. The following are prohibited: Demolition of the Historic Property or destruction
of character-defining features of the building or site; removal of trees and other major vegetation
unless removal is approved by a rehabilitation plan approved by the Historic Resources
Commission, paving of yard surface; exterior alterations or additions unless approved by the
Historic Resources Commission and such alternations are in keeping with the Secretary of
Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs,
doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as
cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is
unsightly by reason of its height, condition, or inappropriate location.
e. Owner shall allow reasonable periodic examination, by prior appointment, of the
interior and exterior of the Historic Property by representatives of the County Assessor, the State
Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana
as may be necessary to determine the Owner compliance with the terms and provisions of this
Agreement.
4. Furnishing of Information.
The Owner hereby agrees to furnish the City with any and all information requested
which may be necessary or advisable to determine compliance with the terms and provisions of
this Agreement.
- 3 -
25C-11
MILLS ACT AGREEMENT
2008 North Greenleaf Street
Santa Ana, CA 92703
5, Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth
in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the
Owner has breached any of the conditions of this Agreement, or have allowed the property to
deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or
if the City determines that the Owner has failed to restore or rehabilitate the property in the
manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the
Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code
Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half
(12 Yz) percent by Government Code Section 50286) of the current fair market value of the
property at the time of the cancellation, as determined by the county assessor, without regard to
any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural
disaster such that in the opinion of the City Building Official more than sixty (60) percent of the
original fabric of the structure must be replaced, this Agreement shall be canceled because, in
effect, the historic value of the structure will have been destroyed. No fee shall be imposed in
the case of destruction by acts of God or natural disaster.
c. If the Historic Property is acquired by eminent domain and the City Council
determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be
cancelled and no fee imposed, as specified in Government Code Section 50288.
6. Enforcement of Agreement,
a. In lieu of and/or in addition to any provISIOns to cancel the Agreement as
referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the
Agreement. In the event of a default, under the provisions to cancel the Agreement by the
Owner, the City shall give written notice to the Owner by registered or certified mail, and if such
a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for
Development Services or designee within thirty (30) days thereafter, or if not corrected within
such a reasonable time as may be required to cure the breach or default, or default cannot be
cured within thirty (30) days (provided that acts to cure the breach or default may be commenced
within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner),
then the City may, without further notice, declare a default under the terms of this Agreement
and may bring any action necessary to specifically enforce the obligations of the Owner growing
out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief
against any violation by the Owner or apply for such relief as may be appropriate.
b. The City does not waive any claim of default by the Owner if the City does not
enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise
provided for in this Agreement or in the City's regulations governing historic properties are
available to the City to pursue in the event that there is a breach of this Agreement. No waiver by
- 4 -
25C-12
MILLS ACT AGREEMENT
2008 North Greenleaf Street
Santa Ana, CA 92703
the City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.
7. Binding effect of Agreement.
a. The Owner hereby subjects the Historic Property, located at 2008 North
Greenleaf Street, Assessor Parcel Number, 002-091-03, and more particularly described in
Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in
this Agreement.
b. The City and Owner hereby declare their specific intent that the covenants,
reservations and restrictions as set forth herein shall be deemed covenants running with the land
and shall pass to and be binding upon the Owner's successors and assigns in title or interest to
the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering
or conveying the Historic Property or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the tenants, restrictions, and reservations
expressed in this Agreement regardless of whether such covenants, restrictions and reservations
are set forth in such contract, deed, or other instrument.
8. No Compensation.
Owner shall not receive any payment from the City in consideration of the obligation
imposed under this Agreement, it being recognized that the consideration for the execution of
this Agreement is the substantial public benefit to be derived therefrom and the advantage that
will accrue to the Owner as a result of the effect upon the assessed value of the property on the
account of the restrictions on the use and preservation of the property.
9. Notice.
Any notice required by the terms of this Agreement shall be sent to the address of the
respective parties as specified below or at other addresses that may be later specified by the
parties hereto.
City:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Owner:
Myrna L. Young
1112 North Olive Street
Santa Ana, CA 92703
- 5 -
25C-13
MILLS ACT AGREEMENT
2008 North Greenleaf Street
Santa Ana, CA 92703
- 6 -
25C-14
MILLS ACT AGREEMENT
2008 North Greenleaf Street
Santa Ana, CA 92703
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed
to create a partnership between the parties hereto and any of their heirs, successors, or assigns,
nor shall such terms, provisions or conditions cause them to be considered joint ventures or
members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and
appointed officials, officers, agents, and employees harmless from liability for damage or claims
for damage for personal injuries, including death, and claims for property damage which may
arise from the direct or indirect use or operations of the Owner or those of his or her contractor,
subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the
use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall
defend the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all actions for damages caused by, or alleged to have been caused by, reason
of the Owner's activities in connection with the Historic Property.
c. This hold harmless provision applies to all damages and claims for damages
suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the
operations referred to in this Agreement regardless of whether or not the City prepared, supplied,
or approved the plans, specifications or other documents for the Historic Property.
d. All of the Agreements, rights, covenants, reservations, and restnctIOns
contained in this Agreement shall be binding upon and shall inure to the benefit of the parties
herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or
portion of the Historic Property, whether by operation of law on in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or
restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to
determine the rights and duties of any party hereunder, the prevailing party in such proceeding
may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and
other relief ordered by the court.
f. In the event that any of the provISIOns of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive
legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall
not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of
the State of California.
- 7 -
25C-15
MILLS ACT AGREEMENT
2008 North Greenleaf Street
Santa Ana, CA 92703
11. Recordation.
No later than twenty (20) days after the parties execute and enter into this Agreement, the
City shall cause this Agreement to be recorded in the office of the County Recorder of the
County of Orange.
12. Notice of the Contract to Office of Historic Preservation,
No later than six (6) months of entering into the contract, the owner or agent of an owner
shall provide written notice of this Agreement to the Office of Historic Preservation.
13, Amendments.
This Agreement may be amended, In whole or in part, only by a written recorded
instrument executed by the parties hereto.
14. Effective Date
This Agreement shall be effective on the day and year first written above.
15. Signatures.
ATTEST:
CITY OF SANTA ANA
PATRICIA E. HEALY
Clerk of the Council
DAVID N. REAM
City Manager
Property Owner:
Date:
By:
Myrna L. Young
APPROVED AS TO FORM:
JOSEPHW. FLETCHER
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
- 8 -
25C-16
MILLS ACT AGREEMENT
2008 North Greenleaf Street
Santa Ana, CA 92703
Exhibit A
Lot 11 of Tract No. 813, in the City of Santa Ana, County of Orange, State of California, as
per map recorded in Book 25, Page (s) 3 inclusive of Miscellaneous Maps, in the office of
the County Recorder of said County.
Assessor Parcel No. 002-091-03
- 9 -
25C-17
MILLS ACT AGREEMENT
2008 North Greenleaf Street
Santa Ana, CA 92703
Exhibit B
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows:
1. Every reasonable effort shall be made to provide a compatible use for a property
which requires minimal alteration of the building, structure, or site and its
environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site
and its environment shall not be destroyed. The removal or alteration of any
historic material or distinctive architectural features should be avoided when
possible.
3. All buildings, structures, and sites shall be recognized as products of their own
time. Alterations that have no historical basis and which seek to create an earlier
appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the
history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this
significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which
characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced,
whenever possible. In the event replacement is necessary, the new material
should match the material being replaced in composition, design, color, texture,
and other visual qualities. Repair or replacement of missing architectural features
should be based on accurate duplications of features, substantiated by historic,
physical, or pictorial evidence rather than on conjectural designs or the
availability of different architectural elements from the other buildings or
structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage the historic
building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and reserve archaeological
resources affected by, or adjacent to any project.
9. Contemporary design for alternations and additions to existing properties shall not
be discouraged when such alterations and additions do not destroy significant
historical, architectural or cultural material, an such design is compatible with
- 10-
25C-18
MILLS ACT AGREEMENT
2008 North Greenleaf Street
Santa Ana, CA 92703
size, scale, color, material and character of the property, neighborhood, or
environment.
10. Wherever possible, new additions or alterations to structures shall be done in such
a manner that if such additions or alterations need to be removed in the future, the
essential form and integrity of the structure would be unimpaired.
- 11 -
25C-19
Exhibit C (photographs
attached)
MILLS ACT AGREEMENT
2008 North Greenleaf Street
Santa Ana, CA 92703
T
,'/.,.fofH: ,
8 Front elevation (original front windows)
- 12 -
25C-20
MILLS ACT AGREEMENT
2008 North Greenleaf Street
Santa Ana, CA 92703
e Original front window and venting
- 13 -
25C-21
MILLS ACT AGREEMENT
2008 North Greenleaf Street
Santa Ana, CA 92703
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- 14 -
25C-22
:,,-
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MILLS ACT AGREEMENT
2008 North Greenleaf Street
Santa Ana, CA 92703
- 15 -
25C-23
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.
25C-24
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
NOVEMBER 21, 2005
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2005-10 FOR THE
PROPERTY LOCATED AT 2348 NORTH
NORTH PARK BOULEVARD
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
~;(fijti~
CIT MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with James A. Zamora for
the structure located at 2348 North North Park Boulevard.
HISTORIC RESOURCES COMMISSION ACTION
Recommended that the City Council direct the City Attorney to prepare and
authorize the City Manager and the Clerk of the Council to execute an
agreement with James A. Zamora for the structure located at 2348 North
North Park Boulevard at its November 3, 2005 meeting by a vote of 8:0
(a' Callaghan abstained) .
DISCUSSION
After the public hearing on November 3, 2005, the Historic Resources
Commission reviewed the proposed Historic Property Preservation Agreement
(Mills Act Contract) and concluded that the resulting potential property
tax savings would encourage the owner to reinvest the tax savings in the
maintenance of their historic property, and would benefit both the owner
and the community (Exhibit A). Additionally, the agreement prevents
inappropriate alterations.
250-1
HPP Agreement No. 2005-10
November 21, 2005
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax
revenue to the City by an estimated $16.00 to $80.01 annually, for a
period of not less than ten years.
APPROVED AS TO FUNDS AND ACCOUNTS:
~~~~~~~.~
Francisco Gutierrez
Executive Director
Finance & Management Services Agency f.-
~-
Jay M. Trevino
Exe ve Director
Planning & Building Agency
HS:rb
hs\historic info\mills act agreements\hppaOS-10-2348_N_NorthPark.cc
~
250-2
REQUEST FOR
Historic Resources Commission Action
~
~
HISTORIC RESOURCESCCNMISSION SECRETARY
HSTORIC RESOURCES CCNMISSION MEE11'JG DATE:
NOVEMBER 3, 2005
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2005-10 FOR THE PROPERTY
LOCATED AT 2348 NORTH NORTH PARK
BOULEVARD
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
CONTINUED TO
Prepared by Hally Soboleske
~1 ~
. Executive Director
RECOMMENDED ACTION
~~~
Planning Man er
Recommend that the City Council
authorize the City Manager and
agreement with James A. Zamora
North Park Boulevard.
direct the City Attorney to prepare and
the Clerk of the Council to execute an
for the structure located at 2348 North
DISCUSSION
Request of Applicant
The applicant, James A. Zamora, requestS
Property Preservation Agreement No. 2005-10
applicant and the City of Santa Ana.
the approval
(Mills Act)
of Historic
between the
Property Description
The subject property includes a two-story residence and a detached two-
car garage located at 2348 North North Park Boulevard, and is within the
Floral Park neighborhood. Surrounding land uses are residential.
Analysis of the Issues
In March 1999, the City Council approved an ordinance authorizing
Historic Property Preservation Agreements (HPPA), commonly known as the
Mills Act contracts, for eligible historic properties. The agreement
provides monetary incentive to the property owner in the form of a
property tax reduction in exchange to the owner's voluntary commitment
to maintain the property in a good state of repair and to rehabilitate
the property as necessary to maintain its character and appearance.
Once recorded, the agreement triggers the use of a different valuation
method in determining the property's assessed value, thereby resulting
in potentially significant property tax savings for the owner.
EXHIBIT A
250-3
HPPA No. 2005-10
November 3, 2005
Page 2
One of the eligibility requirements for the
property must be listed on the Santa Ana
Properties. The subject property was placed on
categorized as Landmark in September 2005 by
Commission (Exhibit 1)
Mills Act is that the
Register of Historical
the local register and
the Historic Resources
Upon consideration of the application, it is recommended that the City
enter into a Historic Property Preservation Agreement (Exhibit 2). A
review of the property indicates that this Mission/Spanish Colonial
Revival styled structure is in excellent condition. As a result, a
supplemental property rehabilitation plan will not be required as part
of this agreement. Photos of the property are included with the
agreement as well as a photo location map. The benefits of executing
this agreement include, but are not limited to, the following:
1. Reduced property tax to allow reinvestment for the long-term
preservation of the property.
2. Allows for a mechanism to provide for property rehabilitation.
3. Provides an additional incentive for potential buyers to purchase
historic structures.
4. Discourages inappropriate alterations to the historic property.
5. Provides an opportunity for visual improvement to the physical
environment of the community.
6. Offers additional support and attention for historic districts and
historic structures in the City.
CEQA Compliance
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. A Notice of Exemption
will be filed for this project.
~
Hally S oleske
Assistant Planner II
HS:JM
hs\historic info\mills act agreements\hppaOS-10-2348_N_NorthPark.hrc
250-4
EXECUTIVE SUMMARY
SPICER HOUSE
2348 North North Park Boulevard
Santa Ana, CA 92701
NAME
ADDRESS
CITY
Spicer House
2348 North Park Boulevard
I REF. NO.
Santa Ana
ZIP I 92701 I ORANGE COUNTY
LOCAL REGISTER CATEGORY: Landmark
NEIGHBORHOOD I West Floral Park
CALIFORNIA REGISTER STATUS CODE I 2D2
YEAR BUlL T 1928
HISTORIC DISTRICT I N/ A
CALIFORNIA REGISTER CRITERIA FOR EV ALUA TION
1 3
Location: 0 Not for Publication
I:8J Umestricted
o Prehistoric
I:8J Historic
o Both
ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival
The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival
vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include
curved parapets (or espadafia); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by
large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between
1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama-
California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily
recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tile roof
coverings, flat roofs surrounded by tiled parapets; and stuccoed walls. The Spanish vocabulary also includes arches; asymmetry;
balconies and patios; window grilles; and decorative elements of wood, wrought iron, tile, or stone.
SUMMARY/CONCLUSION:
The Spicer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion I, as a structure with the
distinguishing characteristics of an architectural style or period, the Spanish Colonial Revival. Additionally, Additionally, the house
has been categorized as "Landmark" because it has been determined eligible for the National Register, has been listed in the
California Register, has "unique architectural significance" as an example of the Spanish Colonial Revival style, and contributes to a
district that has "historical/cultural significance to the City" as an example of the City Beautiful planning movement (Municipal Code,
Section 30-2.2).
EXPLANATION OF CODES:
· California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7,
"How to Nominate Resources to the California Register of Historical Resources," September 4,2001.)
3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents
the work of a master, or possesses high artistic values.
California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.)
2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106
process. Listed in the California Register.
i5'lf~5 1
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
NRHP Status Code
Other Listings
Review Code Reviewer Date
Page --.1.- of ~ Resource name(s) or number (assigned by recorder) Spicer House
P1. Other Identifier:
"P2. Location: ONot for Publication _Unrestricted "a. County Orange County
"b. USGS 7.5' Quad TCA 0054 Date:
*c. Address 2348 Norlh Norlh Park Boulevard City Santa Ana Zip 92706
*e. Other Locational Data: Assessor's Parcel Number 002-122-02
"P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
An elegant entry, offset to the west, is the focal point of the design of this two-story, Spanish Colonial Revival residence.
Rectangular in massing, the building is sheathed with stucco and capped by a tiled hip roof. The entry surround is f1at-
headed, with a molded crown, and projects slightly from the faqade. Pilasters and decorated spandrels frame an archway.
The wood-paneled door is deeply recessed, also arched, and contains a round window bisected in the middle by a mullion.
An ornate glass and iron lantern is suspended within the archway. Windows above and beside the entry are primarily
casements, widely spaced, and adorned with wrought iron grilles and balconets. Shrubbery screens most of the lower story
openings. The house appears to be substantially original, although the stucco finish may have recently been repaired. The
property is in fair condition and also contains a one-story, tile-roofed garage with an original wood paneled garage door.
"P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Properly
"P4. Resources Present: -Building OStructure OObject OSite o District -Element of District OOther
P5a. Photo
~
PSb. Photo: (view and date)
Norlh and west elevations
July 2005
"P6. Date Constructed/Age and
Sources: -historic
1 928/Builder's Contract
"P7. Owner and Address:
Robert L. Collins
2025 Springfield
Hermosa Beach, CA 90254
"P8. Recorded by:
Leslie J. Heumann, Peter C. Moruzzi
SAIC
35 S. Raymond Ave. # 204
Pasadena, CA 91105
"P9. Date Recorded:
July 5, 2005
"P10. Survey Type:
Intensive Survey Update
"P11. Report Citation: (Cite survey report and other sources, or enter "none")
California Deparlment of Transporlation, Broadway Overcrossing Historic Property Survey, March 1979.
"Attachments: ONone OLocation Map OSketch Map _Continuation Sheet _Building, Structure, and Object Record
OArchaeological Record ODistrict Record OLinear Feature Record OMilling Station Record ORock Art Record
OArtifact Record OPhotograph Record 0 Other (list)
DPR 523A (1195)
25D~6
*Required information
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
BUilDING, STRUCTURE, AND OBJECT RECORD
Page ~ of ~ *NRHP Status Code 201
*Resource Name or #: Spicer House
81. Historic Name: Spicer House
82. Common Name: Same
83. Original Use: Single-family Residence 84. Present Use: Single-family Residence
*85. Architectural Style: Mission/Spanish Colonial Revival
*86. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1928.
March, 1933. Rebuild chimney.
*87. Moved? -No DYes DUnknown Date:
*88. Related Features:
Original Location:
Garage.
89a. Architect: W. W. Kays & M. L. Berenson
b. Builder: EA. Nol
*810. Significance: Theme Residential Architecture Area Santa Ana
Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: C
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity)
The Spicer House is architecturally significant for its restrained interpretation of the Spanish Colonial Revival style and
historically notable for its association with a prominent local family, the Spicers. According to the Builder's Contract dated
May 17, 1928, the house and garage cost $13,940 and were designed by William W. Kays and Milo L. Berenson for Mrs.
Orah Spicer. Kays was a successful local architect, with offices in both Santa Ana and Los Angeles. His commissions
included numerous homes throughout Orange County as well as buildings for the Santa Ana School District. Berenson was
an architectural draftsman who worked for various Santa Ana architects, including Frank Lansdown and Fay R. Spangler.
(See Continuation Sheet 3 of 4.)
811. Additional Resource Attributes: (List attributes and codes)
*812. References:
City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library
Sanborn Maps
(See Continuation Sheet 4 of 4.)
Sketch Map
(This space reserved for official comments.)
I'
.~t
813. Remarks:
*814. Evaluator: Leslie J. Heumann
*Date of Evaluation: July 5, 2005
NO~N.}"
CPR 5238 (1/95)
*Required information
25Df~7
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page ~ of ~ Resource Name or # (Assigned by recorder) Spicer House
*Recorded by Leslie J. Heumann, SAIC *Date July 5, 2005 [8] Continuation 0 Update
*610. Significance (continued):
Orah A. Spicer was the widow of Charles Spicer, who died in 1925 at the age of 47. He had come to California in 1904,
settling initially in Pomona. A resident of Santa Ana for twelve years at the time of his death, Spicer was the proprietor of
Charles Spicer & Company, a prosperous dry goods and ladies ready-to-wear store. An active member of the business
community, Spicer served as president of the Chamber of Commerce in 1924, as one of the founding members of the
Merchants and Manufacturers Association, served as its president as well. An arl school graduate, Orah Spicer was also
active in the social and civic affairs of Santa Ana, and was a member of the Ebell Club.
The Spicer House is located in Floral Park, a neighborhood norlhwest of downtown Santa Ana bounded by West
Seventeenth Street, Norlh Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and
widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981),
credited as the subdivider and builder of a major pOrlion of norlhwest Santa Ana, arrived in Santa Ana from Beaver Falls,
New York in 1922 (Talberl, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land.
And that month, he began building custom homes in Santa Ana" (Oranae Countv Reaister. September 15, 1981). The
parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. 'When built in the
1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Oranae
Countv Reaister. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s
and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial
Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Arl Deco styled
Old Santa Ana City Hall, the EI Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in
the neighborhood he had helped to create, at 615 West Santa Clara Avenue.
In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral
Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa
Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial
Revival mansion at 2009 Victoria Drive. In the early post World War II years, Floral Park continued its development as
numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style.
In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2005) Floral Park maintains
its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.
The Spicer House has been determined eligible for listing in the National Register of Historic Places as a contributor to a
Norlh Broadway Park historic district that is bounded by Riverside Drive, Santa Clara Avenue, Norlh Broadway, and Norlh
Flower Street. Comprising the norlhern end of the Floral Park neighborhood, Norlh Broadway Park was subdivided in 1923.
The Keeper of the National Register found that: "Norlh Broadway Park reflects the City Beautiful planning movement in
Southern California during the early twentieth century. The vernacular adaptations of period revival styles, curvilinear street
patterns, street furniture, and landscape combine to create a cohesive and pleasant middle class suburban neighborhood
environment which is unique in the early historical development of the city of Santa Ana. ,,1 Under the regulations
implementing the California Register of Historical Resources, the Spicer House has been listed in the California Register. It
also qualifies for listing in the Santa Ana Register of Historical Properly under Criterion 1 for its exemplification of the
distinguishing characteristics of the Spanish Colonial Revival style. The house showcases a Renaissance inspired version
of the style, with its block-like massing, hipped roof, and graceful entry. The house also contributes to the historic character
of the Floral Park neighborhood through its age, style, scale, and historic association with imporlant members of the local
business and social community. Additionally, the house has been categorized as "Landmark" because it has been
determined eligible for the National Register, has been listed in the California Register, has "unique architectural
significance" as an example of the Spanish Colonial Revival style, and contributes to a district that has "historical/cultural
significance to the City" as an example of the City Beautiful planning movement. All original exterior features of the Spicer
House are considered to be character defining and should be preserved. These features include, but may not be limited to:
materials and finishes (stucco, wood, iron); roof configuration, materials, and treatment; massing and composition; entry;
doors and windows; architectural detailing (wrought iron features, entry surround.); and garage.
Determination of Eligibility, February 25, 1980.
DPR523L 25D~8
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page ~ of ~ Resource Name or # (Assigned by recorder) Spicer House
*Recorded by Leslie J. Heumann, SAle *Date July 5, 2005 [RI Continuation 0 Update
*B12. References (continued):
Harris, Cyril M. American Architecture: An Illustrated Encvc/ooedia. New York, WW Norton, 1998.
Marsh, Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994.
McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.
National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National
Register Branch, National Park Service, US Dept. of the Interior, 1991.
Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995.
Whiff en, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
"Alison Honer Dies at 84," The Santa Ana Journal, September 21, 1981.
"Builder of Honer Plaza Dies," Oranae County Reaister. September 15, 1981.
"History of Floral Park." http.//www.flora/-park.com/page2.html
Talbert, Thomas (editor-in-chief). Historical Volume and Reference Works Includina Bioaraohical Sketches of Leadina
Citizens. Volume I. Whittier, Historical Publishers, 1963.
Armor, Samuel. Historv of Oranae County. 1921.
Pleasants, Mrs. J. E. Historv of Oranae County. Los Angeles: J. R. Finnell & Sons Publishing Co., 1931. Vol.. 2, page 80
and Vol. 3, page 142.
Santa Ana and Orange County Directories, 1927-1941.
DPR 523L
25D~9
MILLS ACT AGREEMENT
2348 North North Park Boulevard
Santa Ana, CA 92701
RECORDING REQUESTED BY:
City of Santa Ana
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
FREE RECORDING GOVERNMENT CODE g6103
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ("Agreement") is made and entered into this November 7, 2005 by and
between the City of Santa Ana, a charter city and municipal corporation duly organized and
existing under the Constitution and laws of the of the State of California (hereinafter referred to
as "City"), and James A. Zamora, (hereinafter referred to as "Owner"), owner of real property
located at 2348 North North Park Boulevard, Santa Ana, California, 92701 in the County of
Orange and listed on the Santa Ana Register of Historical Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California
Government Code Section 50280 et seq. (known as the "Mills Act") to enter into
contracts with owners of qualified historical properties to provide for appropriate
use, maintenance, rehabilitation and restoration such that these historic properties
retain their historic character and integrity.
B. The Owner possesses fee title in and to that certain qualified real property
together with associated structures and improvements thereon, located at 2348
North North Park Boulevard, Santa Ana, CA, 92701 and more particularly
described in Exhibit "A," attached hereto and incorporated herein by reference,
and hereinafter referred to as the "Historic Property".
C. The Historic Property is officially designated on the Santa Ana Register of
Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana
Municipal Code.
D. The City and the Property Owner, for their mutual benefit, now desire to enter
into this Agreement which defines and limits the use and alteration of this
Historic Property in order to enhance and maintain its value as a cultural and
historical resource for the Owner and for the community; to prevent inappropriate
alterations to the Historic Property and to ensure that repairs, additions, new
building, and other changes are appropriate; and to ensure that rehabilitation and
maintenance are carried out in an exemplary manner.
- 1 -
ExllD-1 0
MILLS ACT AGREEMENT
2348 North North Park Boulevard
Santa Ana, CA 92701
E. The Owner and the City intend to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section
50280 et seq., which will enable the Historic Property to qualify for an assessment
of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et
seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property
agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on November 7, 2005, and shall
remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the
effective date of this Agreement, such initial term will automatically be extended as provided in
California Government Code Sections 50280 through 50290 and in Section 2, below.
2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall
automatically be added to the initial ten (10) year term of this Agreement unless written notice of
nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the
Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual
renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual
renewal date, one (1) year shall automatically be added to the term of the Agreement as provided
herein.
c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a
written protest of City's decision of nonrenewal. The City may, at any time prior to the annual
renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal.
d. If either the Owner or the City serves notice to the other of nonrenewal in any
year, the Agreement shall remain in effect for the balance of the term then remaining, either from
its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following
conditions, requirements and restrictions:
- 2 -
250-11
MILLS ACT AGREEMENT
2348 North North Park Boulevard
Santa Ana, CA 92701
a. Owner shall maintain the Historic Property in a good state of repair and shall
preserve, maintain, and, where necessary, restore or rehabilitate the property and its character-
defining features, notably the general architectural form, style, materials, design, scale,
proportions, organization of windows, doors, and other openings, textures, details, mass, roof
line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and
regulations, and conform to the rules and regulations of the Office of Historic Preservation of the
State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards and Guidelines for Historic Preservation Projects. These guidelines are attached
hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the
exterior of the property, as of the effective date of this Agreement, is documented in photographs
attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually
maintain the Historic Property in the same or better condition as documented in Exhibit C.
c. A view corridor enabling the general public to see the Historic Property from the
public right-of-way shall be maintained, and Owner shall not be permitted to block the view
corridor to the property with any new structure, such as walls, fences or shrubbery, so as to
prevent the viewing of the historic landmark by the public.
d. The following are prohibited: Demolition of the Historic Property or destruction
of character-defining features of the building or site; removal of trees and other major vegetation
unless removal is approved by a rehabilitation plan approved by the Historic Resources
Commission, paving of yard surface; exterior alterations or additions unless approved by the
Historic Resources Commission and such alternations are in keeping with the Secretary of
Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs,
doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as
cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is
unsightly by reason of its height, condition, or inappropriate location.
e. Owner shall allow reasonable periodic examination, by prior appointment, of the
interior and exterior of the Historic Property by representatives of the County Assessor, the State
Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana
as may be necessary to determine the Owner compliance with the terms and provisions of this
Agreement.
4. Furnishing of Information.
The Owner hereby agrees to furnish the City with any and all information requested
which may be necessary or advisable to determine compliance with the terms and provisions of
this Agreement.
- 3 -
250-12
MILLS ACT AGREEMENT
2348 North North Park Boulevard
Santa Ana, CA 92701
5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth
in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the
Owner has breached any of the conditions of this Agreement, or have allowed the property to
deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or
if the City determines that the Owner has failed to restore or rehabilitate the property in the
manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the
Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code
Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half
(12 Yz) percent by Government Code Section 50286) of the current fair market value of the
property at the time of the cancellation, as determined by the county assessor, without regard to
any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural
disaster such that in the opinion of the City Building Official more than sixty (60) percent of the
original fabric of the structure must be replaced, this Agreement shall be canceled because, in
effect, the historic value of the structure will have been destroyed. No fee shall be imposed in
the case of destruction by acts of God or natural disaster.
c. If the Historic Property is acquired by eminent domain and the City Council
determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be
cancelled and no fee imposed, as specified in Government Code Section 50288.
6. Enforcement of Agreement.
a. In lieu of and/or in addition to any proVISIOns to cancel the Agreement as
referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the
Agreement. In the event of a default, under the provisions to cancel the Agreement by the
Owner, the City shall give written notice to the Owner by registered or certified mail, and if such
a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for
Development Services or designee within thirty (30) days thereafter, or if not corrected within
such a reasonable time as may be required to cure the breach or default, or default cannot be
cured within thirty (30) days (provided that acts to cure the breach or default may be commenced
within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner),
then the City may, without further notice, declare a default under the terms of this Agreement
and may bring any action necessary to specifically enforce the obligations of the Owner growing
out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief
against any violation by the Owner or apply for such relief as may be appropriate.
b. The City does not waive any claim of default by the Owner if the City does not
enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise
provided for in this Agreement or in the City's regulations governing historic properties are
available to the City to pursue in the event that there is a breach of this Agreement. No waiver by
- 4 -
250-13
MILLS ACT AGREEMENT
2348 North North Park Boulevard
Santa Ana, CA 92701
the City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.
7. Binding effect of Agreement.
a. The Owner hereby subjects the Historic Property, located at 2348 North North
Park Boulevard, Assessor Parcel Number, 002-122-02, and more particularly described in
Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in
this Agreement.
b. The City and Owner hereby declare their specific intent that the covenants,
reservations and restrictions as set forth herein shall be deemed covenants running with the land
and shall pass to and be binding upon the Owner's successors and assigns in title or interest to
the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering
or conveying the Historic Property or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the tenants, restrictions, and reservations
expressed in this Agreement regardless of whether such covenants, restrictions and reservations
are set forth in such contract, deed, or other instrument.
8. No Compensation.
Owner shall not receive any payment from the City in consideration of the obligation
imposed under this Agreement, it being recognized that the consideration for the execution of
this Agreement is the substantial public benefit to be derived therefrom and the advantage that
will accrue to the Owner as a result of the effect upon the assessed value of the property on the
account of the restrictions on the use and preservation of the property.
9. Notice.
Any notice required by the terms of this Agreement shall be sent to the address of the
respective parties as specified below or at other addresses that may be later specified by the
parties hereto.
City:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Owner:
J ames A. Zamora
2348 North North Park Boulevard
Santa Ana, CA 92701
- 5 -
250-14
MILLS ACT AGREEMENT
2348 North North Park Boulevard
Santa Ana, CA 92701
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed
to create a partnership between the parties hereto and any of their heirs, successors, or assigns,
nor shall such terms, provisions or conditions cause them to be considered joint ventures or
members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and
appointed officials, officers, agents, and employees harmless from liability for damage or claims
for damage for personal injuries, including death, and claims for property damage which may
arise from the direct or indirect use or operations of the Owner or those of his or her contractor,
subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the
use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall
defend the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all actions for damages caused by, or alleged to have been caused by, reason
of the Owner's activities in connection with the Historic Property.
c. This hold harmless provision applies to all damages and claims for damages
suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the
operations referred to in this Agreement regardless of whether or not the City prepared, supplied,
or approved the plans, specifications or other documents for the Historic Property.
d. All of the Agreements, rights, covenants, reservations, and restnchons
contained in this Agreement shall be binding upon and shall inure to the benefit of the parties
herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or
portion of the Historic Property, whether by operation of law on in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or
restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to
determine the rights and duties of any party hereunder, the prevailing party in such proceeding
may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and
other relief ordered by the court.
f. In the event that any of the provIsIOns of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive
legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall
not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of
the State of California.
- 6 -
250-15
MILLS ACT AGREEMENT
2348 North North Park Boulevard
Santa Ana, CA 92701
11. Recordation.
No later than twenty (20) days after the parties execute and enter into this Agreement, the
City shall cause this Agreement to be recorded in the office of the County Recorder of the
County of Orange.
12. Notice of the Contract to Office of Historic Preservation.
No later than six (6) months of entering into the contract, the owner or agent of an owner
shall provide written notice of this Agreement to the Office of Historic Preservation.
13. Amendments.
This Agreement may be amended, In whole or In part, only by a written recorded
instrument executed by the parties hereto.
14. Effective Date
This Agreement shall be effective on the day and year first written above.
15. Signatures.
ATTEST:
CITY OF SANTA ANA
PATRICIA E. HEALY
Clerk of the Council
DAVIDN. REAM
City Manager
Property Owner:
Date:
By:
James A. Zamora
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
- 7 -
250-16
MILLS ACT AGREEMENT
2348 North North Park Boulevard
Santa Ana, CA 92701
Exhibit A
Lot 212 of Tract 425, in the City of Santa Ana, County of Orange, California as per map
recorded in Book 16, Page(s) 33 and 34, inclusive of Miscellaneous Maps in the Office of the
County Recorder of said County.
Assessor Parcel No. 002-122-02
- 8 -
250-17
MILLS ACT AGREEMENT
2348 North North Park Boulevard
Santa Ana, CA 92701
Exhibit B
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows:
1. Every reasonable effort shall be made to provide a compatible use for a property
which requires minimal alteration of the building, structure, or site and its
environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site
and its environment shall not be destroyed. The removal or alteration of any
historic material or distinctive architectural features should be avoided when
possible.
3. All buildings, structures, and sites shall be recognized as products of their own
time. Alterations that have no historical basis and which seek to create an earlier
appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the
history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this
significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which
characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced,
whenever possible. In the event replacement is necessary, the new material
should match the material being replaced in composition, design, color, texture,
and other visual qualities. Repair or replacement of missing architectural features
should be based on accurate duplications of features, substantiated by historic,
physical, or pictorial evidence rather than on conjectural designs or the
availability of different architectural elements from the other buildings or
structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage the historic
building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and reserve archaeological
resources affected by, or adjacent to any project.
9. Contemporary design for alternations and additions to existing properties shall not
be discouraged when such alterations and additions do not destroy significant
historical, architectural or cultural material, an such design is compatible with
- 9 -
250-18
MILLS ACT AGREEMENT
2348 North North Park Boulevard
Santa Ana, CA 92701
size, scale, color, material and character of the property, neighborhood, or
environment.
10. Wherever possible, new additions or alterations to structures shall be done in such
a manner that if such additions or alterations need to be removed in the future, the
essential form and integrity of the structure would be unimpaired.
- 10-
250-19
MILLS ACT AGREEMENT
2348 North North Park Boulevard
Santa Ana, CA 92701
Exhibit C (photographs attached)
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- 11 -
250-20
MILLS ACT AGREEMENT
2348 North North Park Boulevard
Santa Ana, CA 92701
- 12 -
250-21
MILLS ACT AGREEMENT
2348 North North Park Boulevard
Santa Ana, CA 92701
o Side (west) elevation showing window and
door detail
- 13 -
250-22
MILLS ACT AGREEMENT
2348 North North Park Boulevard
Santa Ana, CA 92701
CB Side (west) elevation showing casement
window detail on second floor
- 14 -
250-23
MILLS ACT AGREEMENT
2348 North North Park Boulevard
Santa Ana, CA 92701
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- 15 -
250-24
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250-25
250-26
REQUEST FOR
COUNCIL ACTION
~
~~J~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
NOVEMBER 21, 2005
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2005-11 FOR THE
PROPERTY LOCATED AT 2421 NORTH
OAKMONT AVENUE
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
a,/h{2,~
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with Brent Argo and
James Maldonado for the structure located at 2421 North Oakmont Avenue.
HISTORIC RESOURCES COMMISSION ACTION
Recommended that the City Council direct the City Attorney to prepare and
authorize the City Manager and the Clerk of the Council to execute an
agreement with Brent Argo and James Maldonado for the structure located
at 2421 North Oakmont Avenue at its November 3, 2005 meeting by a vote of
9 : 0 .
DISCUSSION
After the public hearing on November 3, 2005, the Historic Resources
Commission reviewed the proposed Historic Property Preservation Agreement
(Mills Act Contract) and concluded that the resulting potential property
tax savings would encourage the owner to reinvest the tax savings in the
maintenance of their historic property, and would benefit both the owner
and the community (Exhibit A). Additionally, the agreement prevents
inappropriate alterations.
25E-1
HPP Agreement No. 2005-11
November 21, 2005
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax
revenue to the City by an estimated $13.02 to $65.11 annually, for a
period of not less than ten years.
APPROVED AS TO FUNDS AND ACCOUNTS:
~Vino
. utive Director
Planning & Building Agency
~~%~'~J:'.~ \\~~-n~
Francisco Gutierrez
Executive Director
Finance & Management
Services Age~j~
HS:rb
hs\historic info\mills act agreements\hppaOS-11-2421_N_Oakmont.cc
25E-2
REQUEST FOR
Historic Resources Commission Action
~
~
HISTORIC RESOURCES COMMISSK)N MEE11'JG DATE:
NOVEMBER 3, 2005
HISTORIC RESOURCES COMMISSION SECRETARY
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2005-11 FOR THE PROPERTY
LOCATED AT 2421 NORTH OAXMONT AVENUE
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
CONTINUED TO
Prepared by
Hally Soboleske
"
~~~
Recommend that the City Council direct the City Attorney to prepare and
authorize the City Manager and the Clerk of the Council to execute an
agreement with Brent Argo and James Maldonado for the structure located
at 2421 North Oakmont Avenue.
DISCUSSION
Request of Applicant
The applicants, Brent Argo and James Maldonado, request the approval of
Historic Property Preservation Agreement No. 2005-11 (Mills Act) between
the applicant and the City of Santa Ana.
Property Description
The subj ect property includes a single story residence and a detached
two-car garage located at 2421 North Oakmont Avenue, and is within the
Floral Park neighborhood. Surrounding land uses are residential.
Analysis of the Issues
In March 1999, the City Council approved an ordinance authorizing
Historic Property Preservation Agreements (HPPA), commonly known as the
Mills Act contracts, for eligible historic properties. The agreement
provides monetary incentive to the property owner in the form of a
property tax reduction in exchange to the owner's voluntary commitment
to maintain the property in a good state of repair and to rehabilitate
the property as necessary to maintain its character and appearance.
Once recorded, the agreement triggers the use of a different valuation
method in determining the property's assessed value, thereby resulting
in potentially significant property tax savings for the owner.
EXHIBIT A
25E-3
HPPA No. 2005-11
November 3, 2005
Page 2
One of the eligibility requirements for the Mills Act is that the
property must be listed on the Santa Ana Register of Historical
Properties. The subject property was placed on the local register and
categorized as Key in March 2004 by the Historic Resources Commission
(Exhibi t 1).
Upon consideration of the application, it is recommended that the City
enter into a Historic Property Preservation Agreement (Exhibit 2). A
review of the property indicates that this Italian Renaissance styled
structure is in excellent condition. As a result, a supplemental
property rehabilitation plan will not be required as part of this
agreement. Photos of the property are included with the agreement as
well as a photo location map. The benefits of executing this agreement
include, but are not limited to, the following:
1. Reduced property tax to allow reinvestment for the long-term
preservation of the property.
2. Allows for a mechanism to provide for property rehabilitation.
3. Provides an additional incentive for potential buyers to purchase
historic structures.
4. Discourages inappropriate alterations to the historic property.
5. Provides an opportunity for visual improvement to the physical
environment of the community.
6. Offers additional support and attention for historic districts and
historic structures in the City.
CEQA Compliance
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. A Notice of Exemption
will be filed for this project.
~
Assistant Planner II
HS:JM
hs\historic info\mills act agreements\hppaOS-11-2421_N_Oakmont.hrc
25E-4
EXECUTIVE SUMMARY
R. R. ROSS HOUSE
2421 North Oakmont Avenue
Santa Ana, CA 92706
NAME
ADDRESS
CITY
R. R. Ross House
REF. NO.
2421 North Oakmont Avenue
Santa Ana
ZIP 92706
ORANGE COUNTY
YEAR BUILT 1923
HISTORIC DISTRICT N/A
LOCAL REGISTER CATEGORY: Key
NEIGHBORHOOD
Park Santiago
CALIFORNIA REGISTER CRITERIA FOR EV ALUA TION
3
CALIFORNIA REGISTER STATUS CODE
5S3
Location: 0 Not for Publication
IZI Unrestricted
o Prehistoric
IZI Historic
o Both
ARCHITECTURAL STYLE: Italian Renaissance (Late Nineteenth and Twentieth Century Revivals)
The late nineteenth and twentieth century revival of the Italian Renaissance style, also known as the Italian Renaissance Revival, was
popular from the late nineteenth century until the 1930s. It was inspired by the designs of the palazzi of northern Italy and
popularized by American architects McKim, Mead, and White. Utilized on public buildings and commercial buildings, the
vocabulary of the style also influenced the appearance of ornate homes. Characteristic features associated with the residential usage
of the style generally include masonry or stucco exteriors; hipped tile roofs; pilasters, columns, quoins, and other classical details; and
a balanced, often symmetrical appearance. Lower stories are generally emphasized through their proportions and fenestration.
Arches are incorporated into the majority of the designs, often referring to Palladian precedents.
SUMMARY/CONCLUSION:
The R. R. Ross House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its representation of
the distinguishing characteristics of the Italian Renaissance Revival style. Additionally, the house has been categorized as "Key"
because, as a relatively rare (in Santa Ana) example of an Italian Renaissance Revival style residence, it "has a distinctive
architectural style and quality" (Municipal Code, Section 30-2.2).
EXPLANATION OF CODES:
· California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7,
"How to Nominate Resources to the California Register of Historical Resources," September 4,2001.)
3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents
the work of a master, or possesses high artistic values.
Z~51
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
NRHP Status Code
Other Listings
Review Code Reviewer Date
Page -1- of ~ Resource name{s) or number (assigned by recorder) R. R. Ross House
P1. Other Identifier:
*P2. Location: DNot for Publication -Unrestricted *a. County Orange County
*b. USGS 7.5' Quad Orange TCA 1725 Date:
*c. Address 2421 North Oakmont Avenue City Santa Ana Zip 92706
*e. Other Locational Data: Assessor's Parcel Number: 003-091-18; N TR 378 BLOCK: BLOT: 2
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
This one-story residence suggests the influence of the Italian Renaissance Revival style. Finished in stucco, the building
consists of two sections, a flat-roofed wing that projects on the north and a hipped roof wing that is recessed on the south. A
shed-roofed entry links the two wings in the center. Red clay tile covers the hipped and shed roof sections and edges the
parapet of the flat roof. Three flat-headed windows with wrought iron balconets are evenly spaced across the faqade of the
north wing. The south wing overlooks an open terrace, with two arched openings separated by a slender, engaged, spiraled
column. Facing south to the terrace, a Palladian window grouping pierces the south wall of the entry wing. A large,
segmental arched doorway that probably was open originally is centered on the faqade. Extending north, a wing wall
features an elaborately scrolled top and an arched opening. A stucco-clad chimney is attached to the south elevation. Other
details include a pair of stringcourses that band the south wing, creating a blank frieze, and three tiled attic vents on the north
wing. The "Hollywood driveway" on the south leads to a matching garage. Currently being re-/andscaped, the property
retains substantial design integrity.
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property
*P4. Resources Present: -Building DStructure DObject DSite o District _Element of District DOther
P5a. Photo
*P11. Report Citation: (Cite survey report and other sources, or enter "none")
None.
P5b. Photo: (view and date)
West elevation
February 2004
*P6. Date Constructed/Age and
Sources: -historic
1923/City of Santa Ana Building
Permits
*P7. Owner and Address:
Nicholas Mitchell
2421 Oakmont Avenue
Santa Ana, CA 92706
*P8. Recorded by:
Leslie J. Heumann
SAIC
35 S. Raymond Ave. # 204
Pasadena, CA 91105
*P9. Date Recorded:
February 2, 2004
*P10. Survey Type:
Intensive Survey Update
*Attachments: DNone DLocation Map DSketch Map -Continuation Sheet _Building, Structure, and Object Record
DArchaeological Record DDistrict Record DLinear Feature Record DMilling Station Record DRock Art Record
DArtifact Record DPhotograph Record 0 Other (list)
DPR 523A (1195)
251;rp
*Required information
State of California - The Resources Agency Primary I
DEPARTMENT OF PARKS AND RECREATION HRII
BUilDING, STRUCTURE, AND OBJECT RECORD
Page ~ of ~ *CHR Status Code 5S3
*Resource Name or I: R. R. Ross House
B1. Historic Name: R. R. Ross House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence
*85. Architectural Style: Italian Renaissance Revival
*86. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1923.
September, 1923. Residence and garage.
May 12, 1931. Outbuilding.
October 24, 1963. Remove wall to make dining room larger-interior alterations.
*87. Moved? -No eYes eUnknown Date:
*88. Related Features:
Original Location:
"Hollywood driveway" and garage.
B9a. Architect: Unknown
b. Builder: Unknown
*810. Significance: Theme Residential Architecture Area Santa Ana
Period of Significance: circa 1901-1954 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity)
The R. R. Ross House is architecturally significant as a modest and relatively rare (in Santa Ana) example of the residential
use of the Italian Renaissance Revival style, and as one of the first homes to be constructed on Oakmont A venue after it was
opened in 1923. According to the building permit records, the house was built in 1923 at a cost of $5,000 for Raymond Ross.
A salesman for the Pacific Roofing Company, Raymond Ross occupied the house with his wife, Cora, until at least 1935.
(See Continuation Sheet 3 of 3.)
B11. Additional Resource Attributes: (List attributes and codes)
*812. References:
City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library
Sanborn Maps
(See Continuation Sheet 3 of 3.)
B13. Remarks:
Sketch Map
*814. Evaluator: Leslie J. Heumann
*Date of Evaluation: February 2, 2004
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(This space reserved for official comments.)
R. R. Ross House I
2421 North Oakmont Avenue
DPR 5238 (1/95)
*Required information
25E'47
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary #
HRI#
Page --L of--L
*Recorded by Leslie J. Heumann, SAIC
Trinomial
Resource Name or # (Assigned by recorder)
*Date February 2, 2004
R. R. Ross House
1RI Continuation
o Update
*810. Significance (continued):
The R. R. Ross House is located in the Park Santiago neighborhood, near the present northern city limits of Santa Ana and
substantially north of the original city core. The neighborhood is bounded by Santiago Creek and Park on the north, East
Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the 1-5 freeway on
the southwest. In large part these boundaries reflect the transportation lines that were constructed towards the end of the
nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main
Street, the Atchison, Topeka, and Santa Fe tracks followed Lincoln, and the Southern Pacific Railroad right-of-way mirrored
the freeway route.
This area remained primarily agricultural well into the 1920s. As of 1905, the city directories listed around twenty
households on East Santa Clara, Twentieth Street, "C Street" (now North Santiago Street), North Bush Street and North
Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the
number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out,
but most residents continued to list "rancher" or "fruit grower" as their occupation in the city directories. This pattern of land
use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman era subdivisions along Bush north
of Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided into larger,
agricultural parcels held by approximately forty landowners.
While the area east of Santiago Street was not subdivided until after the mid-1920s, most of the present day streets west of
Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in
the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people in service
professions such as painters, electricians, and carpenters made their homes in the western half of the neighborhood during
the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (z. B. West, Jr.,
321 East Santa Clara Avenue), County Supervisor, First District (C. H. Chapman, 2315 North Santiago Street), County
Surveyor (E. H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By
April 1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with
single-family homes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the
eastern half of the neighborhood and infill construction in the western half displayed the simplified ranch style that emerged
following World War II.
The R. R. Ross House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its
representation of the distinguishing characteristics of the Italian Renaissance Revival style. Additionally, the house has
been categorized as "Key" because, as a relatively rare (in Santa Ana) example of an Italian Renaissance Revival
residence, it "has a distinctive architectural style and quality." The massing, hipped roof, Palladian windows, and detailing
such as the spiraled column and stringcourses are the elements that identify the style of the house. Character-defining
exterior features of the R. R. Ross House that should be preserved include, but may not be limited to: materials (stucco);
roof configuration and detailing; massing; original windows and doors; terrace; architectural details (such as the attic vents,
wing wall, column, and stringcourses); "Hollywood driveway;" and garage.
*812. References (continued):
Harris, Cyril M. American Architecture: An Illustrated EncvcloDedia. New York, WW Norton, 1998.
Marsh, Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994.
McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.
National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National
Register Branch, National Park Service, US Dept. of the Interior, 1991.
Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995.
Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
Santa Ana and Orange County Directories, 1905-1935.
Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955.
DPR 523L
25E48
MILLS ACT AGREEMENT
2421 North Oakmont Avenue
Santa Ana, CA 92706
RECORDING REQUESTED BY:
City of Santa Ana
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
FREE RECORDING GOVERNMENT CODE 96103
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ("Agreement") is made and entered into this December 5, 2005 by and
between the City of Santa Ana, a charter city and municipal corporation duly organized and
existing under the Constitution and laws of the of the State of California (hereinafter referred to
as "City"), and Brent Argo and James Maldonado, (hereinafter referred to as "Owner"),
owners of real property located at 2421 North Oakmont Avenue, Santa Ana, California, 92706
in the County of Orange and listed on the Santa Ana Register of Historical Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California
Government Code Section 50280 et seq. (known as the "Mills Act") to enter into
contracts with owners of qualified historical properties to provide for appropriate
use, maintenance, rehabilitation and restoration such that these historic properties
retain their historic character and integrity.
B. The Owner possesses fee title in and to that certain qualified real property
together with associated structures and improvements thereon, located at 2421
North Oakmont Avenue, Santa Ana, CA, 92706 and more particularly described
in Exhibit "A," attached hereto and incorporated herein by reference, and
hereinafter referred to as the "Historic Property".
C. The Historic Property is officially designated on the Santa Ana Register of
Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana
Municipal Code.
D. The City and the Property Owner, for their mutual benefit, now desire to enter
into this Agreement which defines and limits the use and alteration of this
Historic Property in order to enhance and maintain its value as a cultural and
historical resource for the Owner and for the community; to prevent inappropriate
alterations to the Historic Property and to ensure that repairs, additions, new
building, and other changes are appropriate; and to ensure that rehabilitation and
maintenance are carried out in an exemplary manner.
2.92
MILLS ACT AGREEMENT
2421 North Oakmont Avenue
Santa Ana, CA 92706
E. The Owner and the City intend to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section
50280 et seq., which will enable the Historic Property to qualify for an assessment
of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et
seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property
agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on December 5, 2005, and shall
remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the
effective date of this Agreement, such initial term will automatically be extended as provided in
California Government Code Sections 50280 through 50290 and in Section 2, below.
2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall
automatically be added to the initial ten (10) year term of this Agreement unless written notice of
nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the
Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual
renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual
renewal date, one (1) year shall automatically be added to the term of the Agreement as provided
herein.
c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a
written protest of City's decision of nonrenewal. The City may, at any time prior to the annual
renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal.
d. If either the Owner or the City serves notice to the other of nonrenewal in any
year, the Agreement shall remain in effect for the balance of the term then remaining, either from
its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following
conditions, requirements and restrictions:
25E-10
MILLS ACT AGREEMENT
2421 North Oakmont Avenue
Santa Ana, CA 92706
a. Owner shall maintain the Historic Property in a good state of repair and shall
preserve, maintain, and, where necessary, restore or rehabilitate the property and its character-
defining features, notably the general architectural form, style, materials, design, scale,
proportions, organization of windows, doors, and other openings, textures, details, mass, roof
line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and
regulations, and conform to the rules and regulations of the Office of Historic Preservation of the
State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards and Guidelines for Historic Preservation Projects. These guidelines are attached
hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the
exterior ofthe property, as of the effective date of this Agreement, is documented in photographs
attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually
maintain the Historic Property in the same or better condition as documented in Exhibit C.
c. A view corridor enabling the general public to see the Historic Property from the
public right-of-way shall be maintained, and Owner shall not be permitted to block the view
corridor to the property with any new structure, such as walls, fences or shrubbery, so as to
prevent the viewing of the historic landmark by the public.
d. The following are prohibited: Demolition of the Historic Property or destruction
of character-defining features of the building or site; removal of trees and other major vegetation
unless removal is approved by a rehabilitation plan approved by the Historic Resources
Commission, paving of yard surface; exterior alterations or additions unless approved by the
Historic Resources Commission and such alternations are in keeping with the Secretary of
Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs,
doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as
cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is
unsightly by reason of its height, condition, or inappropriate location.
e. Owner shall allow reasonable periodic examination, by prior appointment, of the
interior and exterior of the Historic Property by representatives of the County Assessor, the State
Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana
as may be necessary to determine the Owner compliance with the terms and provisions of this
Agreement.
4. Furnishing of Information.
The Owner hereby agrees to furnish the City with any and all information requested
which may be necessary or advisable to determine compliance with the terms and provisions of
this Agreement.
- 3 -
25E-11
MILLS ACT AGREEMENT
2421 North Oakmont Avenue
Santa Ana, CA 92706
5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth
in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the
Owner has breached any of the conditions of this Agreement, or have allowed the property to
deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or
if the City determines that the Owner has failed to restore or rehabilitate the property in the
manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the
Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code
Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half
(12 12) percent by Government Code Section 50286) of the current fair market value of the
property at the time of the cancellation, as determined by the county assessor, without regard to
any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural
disaster such that in the opinion of the City Building Official more than sixty (60) percent of the
original fabric of the structure must be replaced, this Agreement shall be canceled because, in
effect, the historic value of the structure will have been destroyed. No fee shall be imposed in
the case of destruction by acts of God or natural disaster.
c. If the Historic Property is acquired by eminent domain and the City Council
determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be
cancelled and no fee imposed, as specified in Government Code Section 50288.
6. Enforcement of Agreement.
a. In lieu of and/or in addition to any proVISIOns to cancel the Agreement as
referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the
Agreement. In the event of a default, under the provisions to cancel the Agreement by the
Owner, the City shall give written notice to the Owner by registered or certified mail, and if such
a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for
Development Services or designee within thirty (30) days thereafter, or if not corrected within
such a reasonable time as may be required to cure the breach or default, or default cannot be
cured within thirty (30) days (provided that acts to cure the breach or default may be commenced
within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner),
then the City may, without further notice, declare a default under the terms of this Agreement
and may bring any action necessary to specifically enforce the obligations of the Owner growing
out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief
against any violation by the Owner or apply for such relief as may be appropriate.
b. The City does not waive any claim of default by the Owner if the City does not
enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise
provided for in this Agreement or in the City's regulations governing historic properties are
available to the City to pursue in the event that there is a breach of this Agreement. No waiver by
25E-12
MILLS ACT AGREEMENT
2421 North Oakmont Avenue
Santa Ana, CA 92706
the City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.
7. Binding effect of Agreement.
a. The Owner hereby subjects the Historic Property, located at 2421 North
Oakmont Avenue, Assessor Parcel Number, 003-091-19, and more particularly described in
Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in
this Agreement.
b. The City and Owner hereby declare their specific intent that the covenants,
reservations and restrictions as set forth herein shall be deemed covenants running with the land
and shall pass to and be binding upon the Owner's successors and assigns in title or interest to
the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering
or conveying the Historic Property or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the tenants, restrictions, and reservations
expressed in this Agreement regardless of whether such covenants, restrictions and reservations
are set forth in such contract, deed, or other instrument.
8. No Compensation.
Owner shall not receive any payment from the City in consideration of the obligation
imposed under this Agreement, it being recognized that the consideration for the execution of
this Agreement is the substantial public benefit to be derived therefrom and the advantage that
will accrue to the Owner as a result of the effect upon the assessed value of the property on the
account of the restrictions on the use and preservation of the property.
9. Notice.
Any notice required by the terms of this Agreement shall be sent to the address of the
respective parties as specified below or at other addresses that may be later specified by the
parties hereto.
City:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Owner:
Brent Argo and James Maldonado
2421 North Oakmont Avenue
Santa Ana, CA 92706
25E-13
MILLS ACT AGREEMENT
2421 North Oakmont Avenue
Santa Ana, CA 92706
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed
to create a partnership between the parties hereto and any of their heirs, successors, or assigns,
nor shall such terms, provisions or conditions cause them to be considered joint ventures or
members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and
appointed officials, officers, agents, and employees harmless from liability for damage or claims
for damage for personal injuries, including death, and claims for property damage which may
arise from the direct or indirect use or operations of the Owner or those of his or her contractor,
subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the
use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall
defend the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all actions for damages caused by, or alleged to have been caused by, reason
of the Owner's activities in connection with the Historic Property.
c. This hold harmless provision applies to all damages and claims for damages
suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the
operations referred to in this Agreement regardless of whether or not the City prepared, supplied,
or approved the plans, specifications or other documents for the Historic Property.
d. All of the Agreements, rights, covenants, reservations, and restnctIOns
contained in this Agreement shall be binding upon and shall inure to the benefit of the parties
herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or
portion of the Historic Property, whether by operation oflaw on in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or
restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to
determine the rights and duties of any party hereunder, the prevailing party in such proceeding
may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and
other relief ordered by the court.
f. In the event that any of the prOVISIOns of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive
legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall
not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of
the State of California.
2~E-14
MILLS ACT AGREEMENT
2421 North Oakmont Avenue
Santa Ana, CA 92706
11. Recordation.
No later than twenty (20) days after the parties execute and enter into this Agreement, the
City shall cause this Agreement to be recorded in the office of the County Recorder of the
County of Orange.
12. Notice of the Contract to Office of Historic Preservation.
No later than six (6) months of entering into the contract, the owner or agent of an owner
shall provide written notice ofthis Agreement to the Office of Historic Preservation.
13. Amendments.
This Agreement may be amended, in whole or in part, only by a written recorded
instrument executed by the parties hereto.
14. Effective Date
This Agreement shall be effective on the day and year first written above.
15. Signatures.
ATTEST:
CITY OF SANTA ANA
PATRICIA E. HEALY
Clerk of the Council
DAVID N. REAM
City Manager
Property Owners:
Date:
By:
Brent Argo
Date:
By:
James Maldonado
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
- 7 -
25E-15
MILLS ACT AGREEMENT
2421 North Oakmont Avenue
Santa Ana, CA 92706
Exhibit A
Lot 2, Block B of Tract No 378, in the City of Santa Ana, County of Orange, State of
California, as per map recorded in Book 16, Page 4, of Miscellaneous Maps, in the office of
the County Recorder of said County.
Assessor Parcel No. 003-0891-19
- 8 -
25E-16
MILLS ACT AGREEMENT
2421 North Oakmont Avenue
Santa Ana, CA 92706
Exhibit B
Exterior work shall be reviewed by the Historic Resources Commission and subject to the US.
Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows:
1. Every reasonable effort shall be made to provide a compatible use for a property
which requires minimal alteration of the building, structure, or site and its
environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site
and its environment shall not be destroyed. The removal or alteration of any
historic material or distinctive architectural features should be avoided when
possible.
3. All buildings, structures, and sites shall be recognized as products of their own
time. Alterations that have no historical basis and which seek to create an earlier
appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the
history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this
significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which
characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced,
whenever possible. In the event replacement is necessary, the new material
should match the material being replaced in composition, design, color, texture,
and other visual qualities. Repair or replacement of missing architectural features
should be based on accurate duplications of features, substantiated by historic,
physical, or pictorial evidence rather than on conjectural designs or the
availability of different architectural elements from the other buildings or
structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage the historic
building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and reserve archaeological
resources affected by, or adjacent to any project.
9. Contemporary design for alternations and additions to existing properties shall not
be discouraged when such alterations and additions do not destroy significant
historical, architectural or cultural material, an such design is compatible with
- 9 -
25E-17
MILLS ACT AGREEMENT
2421 North Oakmont Avenue
Santa Ana, CA 92706
size, scale, color, material and character of the property, neighborhood, or
environment.
10. Wherever possible, new additions or alterations to structures shall be done in such
a manner that if such additions or alterations need to be removed in the future, the
essential form and integrity of the structure would be unimpaired.
- 10-
25E-18
.... -"
- --.",..
~..=.-.
MILLS ACT AGREEMENT
2421 North Oakmont Avenue
Santa Ana, CA 92706
Exhibit C (photographs attached)
-~-'-_..- . ..-
- 11 -
25E-19
MILLS ACT AGREEMENT
2421 North Oakmont Avenue
Santa Ana, CA 92706
- 12 -
25E-20
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25E-21
25E-22
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
NOVEMBER 21, 2005
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2005-12 FOR THE
PROPERTY LOCATED AT 1116 NORTH
FRENCH STREET
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
J2,~/b~-
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with Philip G. and
Kristin Collins for the structure located at 1116 North French Street.
HISTORIC RESOURCES COMMISSION ACTION
Recommended that the City Council direct the City Attorney to prepare and
authorize the City Manager and the Clerk of the Council to execute an
agreement with Philip G. and Kristin Collins for the structure located at
1116 North French Street at its November 3, 2005 meeting by a vote of
9:0.
DISCUSSION
After the public hearing on November 3, 2005, the Historic Resources
Commission reviewed the proposed Historic Property Preservation Agreement
(Mills Act Contract) and concluded that the resulting potential property
tax savings would encourage the owner to reinvest the tax savings in the
maintenance of their historic property, and would benefit both the owner
and the community (Exhibit A). Additionally, the agreement prevents
inappropriate alterations.
25F-1
HPP Agreement No. 2005-12
November 21, 2005
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement
revenue to the City by an estimated $60.92
period of not less than ten years.
will reduce the property tax
to $304.59 annually, for a
APPROVED AS TO FUNDS AND ACCOUNTS:
'=\~~~~('.l) \ l~:'-U
Gutierrez
Director
Management
Agency
Francisco
Executive
Finance &
HS:rb
hs\historic info\mills act agreements\hppaOS-12-1116_N_Frency.cc
25F-2
Services A9~t>~
REQUEST FOR
Historic Resources Commission Action
~
~
HSTORIC RESOURCESCCNMISSION SECRETARY
HSTORIC RESOURCES COMMISSION MEE11'JG DATE:
NOVEMBER 3, 2005
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2005-12 FOR THE PROPERTY
LOCATED AT 1116 NORTH FRENCH STREET
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
CONTINUED TO
Prepared by Hally Soboleske
~
----.,/ . Executive Director
~~gr
RECOMMENDED ACTION
Recommend that the City Council direct the City Attorney to prepare and
authorize the City Manager and the Clerk of the Council to execute an
agreement with Philip G. and Kristin Collins for the structure located
at 1116 North French Street.
DISCUSSION
Request of Applicant
The applicants, Philip G. and Kristin Collins, request the approval of
Historic Property Preservation Agreement No. 2005-12 (Mills Act) between
the applicant and the City of Santa Ana.
Property Description
The subj ect property includes a single story residence and a detached
two-car garage located at 1116 North French Street, and is wi thin the
French Park neighborhood. Surrounding land uses are residential.
Analysis of the Issues
In March 1999, the City Council approved an ordinance authorizing
Historic Property Preservation Agreements (HPPA), commonly known as the
Mills Act contracts, for eligible historic properties. The agreement
provides monetary incentive to the property owner in the form of a
property tax reduction in exchange to the owner's voluntary commitment
to maintain the property in a good state of repair and to rehabilitate
the property as necessary to maintain its character and appearance.
Once recorded, the agreement triggers the use of a different valuation
method in determining the property's assessed value, thereby resulting
in potentially significant property tax savings for the owner.
EXHIBIT A
25F-3
HPPA No. 2005-12
November 3, 2005
Page 2
One of the eligibility requirements for the Mills Act is that the
property must be listed on the Santa Ana Register of Historical
Properties. The subject property was placed on the local register and
categorized as Landmark in May 2000 by the Historic Resources Commission
(Exhibi t 1).
Upon consideration of the application, it is recommended that the City
enter into a Historic Property Preservation Agreement (Exhibit 2). A
review of the property indicates that this Craftsman styled structure is
in excellent condition. As a result, a supplemental property
rehabilitation plan will not be required as part of this agreement.
Photos of the property are included with the agreement as well as a
photo location map. The benefits of executing this agreement include,
but are not limited to, the following:
1. Reduced property tax to allow reinvestment for the long-term
preservation of the property.
2. Allows for a mechanism to provide for property rehabilitation.
3. Provides an addi tional incentive for potential buyers to purchase
historic structures.
4. Discourages inappropriate alterations to the historic property.
5. Provides an opportunity for visual improvement to the physical
environment of the community.
6. Offers additional support and attention for historic districts and
historic structures in the City.
CEQA Compliance
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. A Notice of Exemption
will be filed for this project.
~~
ally oboleske
Assistant Planner II
HS:JM
hs\historic info\mills act agreements\hppaOS-12-1116_N_French.hrc
25F-4
NAME
ADDRESS
CITY
Alexander House
REF. NO. 127
1116 North French Street
Santa Ana
ZIP 92701
ORANGE COUNTY
YEAR BUILT 1912
LOCAL REGISTER CATEGORY: Landmark
HISTORIC DISTRICT French Park
NEIGHBORHOOD French Park
NATIONAL REGISTER CRITERIA FOR EV ALUA TION B, C
NA TIONAL REGISTER STATUS CODE 1D
Location: D Not for Publication
[gI Unrestricted
USGS 7.5" Quad
Date:
T
R
1f.I of
1f.I of Sec
B.M.
D Prehistoric
[gI Historic
D Both
ARCHITECTURAL STYLE: Craftsman Bungalow
DESCRIPTIONIBACKGROUND RELATED TO PERIOD ARCHITECTURE:
The architectural style terminology is adapted from the National Register Bulletin 16A.
The Craftsman Bungalow architectural style is an early 20th century American movement, developed by Charles and Henry Greene of
Pasadena, California. The height of the movement is between 1900 and 1920's. The Craftsman Bungalow is characterized by the use
of natural wood for exposed massive beams and rafters and exterior siding. Some of the most prominent features are: low pitched
gabled roof with wide overhangs and projecting brackets; the emphasis on horizontal shapes informally arranged; the use of shingles
as exterior finish; broad, gabled entry porches; no applied ornament; creek rock foundations and porches. Many houses include
Japanese and Swiss influences in their exterior detailing.
LLIHRC\category alexander
06- I 9-00
Page 1 of 4
!5fij.'51
CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations)
Year Built:
Alterations:
Repairs:
Reroof:
Reroof:
Garage replaced:
Reroof:
1912
July 8, 1927
November 20,1928
June 2, 1930
December 2, 1943
February 8, 1991
September 6, 1994
RELA TED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape)
None identified
DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and
boundaries.)
This two story, single family dwelling is topped with low-pitched gabled roofs with wide eaves accented with triangular-shaped knee
braces, horizontal lath venting, and exposed rafter tails. Neat rows of alternating long and short wood shingles cover the second story
of the house. Original stucco cladding covers the first story. Double-hung windows, with some having vertical muntins in the top
half are used throughout the second floor. The single storied wrap-around porch features a front-facing open gable resting on a single
beam which supports the gable and forms the top of the pergola to the north of the porch. Pairs of square posts, resting on stucco-clad
piers, support the Oriental influenced porch. Carved beams extend from the front fa<;ade of the house to the crossbeam at the front of
the porch. Single four by sixes form the railings between the piers. A large plate glass window is located to the north of the wide
front door, accented with three narrow vertical beveled glass windows. Sidelights flank the door. The wide front steps are made of
concrete and bordered with stucco-clad piers.
The original garage was replaced in 1991. No records exist of the freestanding entry trellis located in front of the garage.
HISTORIC HIGHLIGHTS:
Thomas Jefferson and Mary Alexander are believed to be the first occupants of the house, along with their son James. Thomas was
the postmaster, and later his son James was appointed assistant postmaster in 1899. Records indicate that James later lived at 1112 N.
French. He served as assistant postmaster for over 30 years. Sidney and Josephine Druce later purchased the house. Sidney was a
partner in the Druce Bros. Poultry Ranch, widely known for its production of white leghorn chickens. Josephine was the Alexander's
daughter.
RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office
of Historic Preservation)
(HP2) Single Family Property
LLIHRClcategory alexander
06-19-00
Page 2 of 4
25F-6
RESOURCES PRESENT:
~ Building
o Structure
o Object
o Site
o District
o Element of District
o Other
MOVED? ~ No 0 Yes 0 Unknown
Date:
Original Location:
STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme,
period, geographic scope, and integrity.)
This example of residential architecture during the City of Santa Ana's early formation years is located in French Park Historic
District. This two-story single family dwelling was built during the height of the development of French Park, a residential district
advertised as the "Nob Hill" of Orange County. French Park was home to many prominent businessman, doctors, bankers, attorneys
and civil servants from 1880 to the early 1940's. This house is in excellent condition, in an unaltered state, and on its original site.
One of the best examples of Craftsman bungalow architecture in the City, it embodies fine features of the Craftsman movement.
Horizontal lines are accentuated by low pitched roofs, detailing around the fenestration, wood shingle cladding on the second floor,
grouped casement windows, and picture windows on the first floor.
SUMMARY/CONCLUSION:
This is an exceptional example of a Craftsman Bungalow and has a unique architectural significance. Oriental influences present in
the detailing of the building include low-pitched gable roofs, a large porch, and a pergola with carved beam-ends. This building has a
historic significance to the City of Santa Ana because of its association with the Alexander family, an influential family during the
formative years of the City..
OWNER AND ADDRESS:
Janice and Jon Gothold
1116 North French Street
Santa Ana, CA 92701
LL\HRC'category alexander
06-19-00
Page 3 of 4
25F-7
RECORDED BY:
(Name, affiliation, and address)
Lucy Linnaus
City of Santa Ana, Planning Division
20 Civic Center Plaza M-20, Santa Ana, CA 927-2
DA TE RECORDED:
May 4, 2000
SURVEY TYPE:
(Intensive, reconnaissance, or other)
Reconnaissance
REPORT CITATION:
(Cite survey report and other sources)
National Register of Historic Places Application for French Park Historic District
Santa Ana Historic Register Application Form
REFERENCES:
(List documents, date of publication, and page numbers. May also include oral interviews.)
City of Santa Ana Building Division Records
Orange County Assessors Office
EV ALUA TOR:
DA TE OF EV ALUA TION:
EXPLANATION OF CODES:
· NationaLRegister Criteria for. Evaluation: (From Appendix? of Instructions for Recordil1g Historic.al Resources, Office of
Historic Preservation)
B: that are associated with the lives of persons significant to our past
C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work
of a m.aster, or that possess high artistic values, or that represent a significant and distinguishable entity whose
components may lack individual distinction
· . National RegisterStatus Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic
Preservation)
ID: Contributor to a listed district.
LL\HRClcalegoryalexander
06-19-00
Page 4 of 4
25F-8
MILLS ACT AGREEMENT
1116 North French Street
Santa Ana, CA 92701
RECORDING REQUESTED BY:
City of Santa Ana
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
FREE RECORDING GOVERNMENT CODE 96103
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ("Agreement") is made and entered into this December 5, 2005 by and
between the City of Santa Ana, a charter city and municipal corporation duly organized and
existing under the Constitution and laws of the of the State of California (hereinafter referred to
as "City"), and Philip G. and Kristin Collins, (hereinafter referred to as "Owner"), owners of
real property located at 1116 North French Street, Santa Ana, California, 92701 in the County
of Orange and listed on the Santa Ana Register of Historical Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California
Government Code Section 50280 et seq. (known as the "Mills Act") to enter into
contracts with owners of qualified historical properties to provide for appropriate
use, maintenance, rehabilitation and restoration such that these historic properties
retain their historic character and integrity.
B. The Owner possesses fee title in and to that certain qualified real property
together with associated structures and improvements thereon, located at 1116
North French Street, Santa Ana, CA, 92701 and more particularly described in
Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter
referred to as the "Historic Property".
C. The Historic Property is officially designated on the Santa Ana Register of
Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana
Municipal Code.
D. The City and the Property Owner, for their mutual benefit, now desire to enter
into this Agreement which defines and limits the use and alteration of this
Historic Property in order to enhance and maintain its value as a cultural and
historical resource for the Owner and for the community; to prevent inappropriate
alterations to the Historic Property and to ensure that repairs, additions, new
building, and other changes are appropriate; and to ensure that rehabilitation and
maintenance are carried out in an exemplary manner.
- 1 -
~5pt!S
MILLS ACT AGREEMENT
1116 North French Street
Santa Ana, CA 92701
E. The Owner and the City intend to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section
50280 et seq., which will enable the Historic Property to qualify for an assessment
of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et
seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property
agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on December 5, 2005, and shall
remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the
effective date of this Agreement, such initial term will automatically be extended as provided in
California Government Code Sections 50280 through 50290 and in Section 2, below.
2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall
automatically be added to the initial ten (10) year term of this Agreement unless written notice of
nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the
Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual
renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual
renewal date, one (1) year shall automatically be added to the term of the Agreement as provided
herein.
c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a
written protest of City's decision of nonrenewal. The City may, at any time prior to the annual
renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal.
d. If either the Owner or the City serves notice to the other of nonrenewal in any
year, the Agreement shall remain in effect for the balance of the term then remaining, either from
its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following
conditions, requirements and restrictions:
- 2 -
25F-10
MILLS ACT AGREEMENT
1116 North French Street
Santa Ana, CA 92701
a. Owner shall maintain the Historic Property in a good state of repair and shall
preserve, maintain, and, where necessary, restore or rehabilitate the property and its character-
defining features, notably the general architectural form, style, materials, design, scale,
proportions, organization of windows, doors, and other openings, textures, details, mass, roof
line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and
regulations, and conform to the rules and regulations of the Office of Historic Preservation of the
State of Department of Parks and Recreation, namely the US. Secretary of the Interior's
Standards and Guidelines for Historic Preservation Projects. These guidelines are attached
hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the
exterior of the property, as of the effective date of this Agreement, is documented in photographs
attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually
maintain the Historic Property in the same or better condition as documented in Exhibit C.
c. A view corridor enabling the general public to see the Historic Property from the
public right-of-way shall be maintained, and Owner shall not be permitted to block the view
corridor to the property with any new structure, such as walls, fences or shrubbery, so as to
prevent the viewing of the historic landmark by the public.
d. The following are prohibited: Demolition of the Historic Property or destruction
of character-defining features of the building or site; removal of trees and other major vegetation
unless removal is approved by a rehabilitation plan approved by the Historic Resources
Commission, paving of yard surface; exterior alterations or additions unless approved by the
Historic Resources Commission and such alternations are in keeping with the Secretary of
Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs,
doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as
cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is
unsightly by reason of its height, condition, or inappropriate location.
e. Owner shall allow reasonable periodic examination, by prior appointment, of the
interior and exterior of the Historic Property by representatives of the County Assessor, the State
Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana
as may be necessary to determine the Owner compliance with the terms and provisions of this
Agreement.
4. Furnishing of Information.
The Owner hereby agrees to furnish the City with any and all information requested
which may be necessary or advisable to determine compliance with the terms and provisions of
this Agreement.
- 3 -
25F-11
MILLS ACT AGREEMENT
1116 North French Street
Santa Ana, CA 92701
5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth
in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the
Owner has breached any of the conditions of this Agreement, or have allowed the property to
deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or
if the City determines that the Owner has failed to restore or rehabilitate the property in the
manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the
Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code
Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half
(12 1f2) percent by Government Code Section 50286) of the current fair market value of the
property at the time of the cancellation, as determined by the county assessor, without regard to
any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural
disaster such that in the opinion of the City Building Official more than sixty (60) percent of the
original fabric of the structure must be replaced, this Agreement shall be canceled because, in
effect, the historic value of the structure will have been destroyed. No fee shall be imposed in
the case of destruction by acts of God or natural disaster.
c. If the Historic Property is acquired by eminent domain and the City Council
determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be
cancelled and no fee imposed, as specified in Government Code Section 50288.
6. Enforcement of Agreement.
a. In lieu of and/or in addition to any proVISIons to cancel the Agreement as
referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the
Agreement. In the event of a default, under the provisions to cancel the Agreement by the
Owner, the City shall give written notice to the Owner by registered or certified mail, and if such
a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for
Development Services or designee within thirty (30) days thereafter, or if not corrected within
such a reasonable time as may be required to cure the breach or default, or default cannot be
cured within thirty (30) days (provided that acts to cure the breach or default may be commenced
within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner),
then the City may, without further notice, declare a default under the terms of this Agreement
and may bring any action necessary to specifically enforce the obligations of the Owner growing
out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief
against any violation by the Owner or apply for such relief as may be appropriate.
b. The City does not waive any claim of default by the Owner if the City does not
enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise
provided for in this Agreement or in the City's regulations governing historic properties are
available to the City to pursue in the event that there is a breach of this Agreement. No waiver by
- 4 -
25F-12
MILLS ACT AGREEMENT
1116 North French Street
Santa Ana, CA 92701
the City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.
7. Binding effect of Agreement.
a. The Owner hereby subjects the Historic Property, located at 1116 North French
Street, Assessor Parcel Number, 398-027-23, and more particularly described in Exhibit A, in
the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this
Agreement.
b. The City and Owner hereby declare their specific intent that the covenants,
reservations and restrictions as set forth herein shall be deemed covenants running with the land
and shall pass to and be binding upon the Owner's successors and assigns in title or interest to
the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering
or conveying the Historic Property or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the tenants, restrictions, and reservations
expressed in this Agreement regardless of whether such covenants, restrictions and reservations
are set forth in such contract, deed, or other instrument.
8. No Compensation.
Owner shall not receive any payment from the City in consideration of the obligation
imposed under this Agreement, it being recognized that the consideration for the execution of
this Agreement is the substantial public benefit to be derived therefrom and the advantage that
will accrue to the Owner as a result of the effect upon the assessed value of the property on the
account of the restrictions on the use and preservation of the property.
9. Notice.
Any notice required by the terms of this Agreement shall be sent to the address of the
respective parties as specified below or at other addresses that may be later specified by the
parties hereto.
City:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Owner:
Philip G. and Kristin Collins
1116 North French Street
Santa Ana, CA 92701
- 5 -
25F-13
MILLS ACT AGREEMENT
1116 North French Street
Santa Ana, CA 92701
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed
to create a partnership between the parties hereto and any of their heirs, successors, or assigns,
nor shall such terms, provisions or conditions cause them to be considered joint ventures or
members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and
appointed officials, officers, agents, and employees harmless from liability for damage or claims
for damage for personal injuries, including death, and claims for property damage which may
arise from the direct or indirect use or operations of the Owner or those of his or her contractor,
subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the
use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall
defend the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all actions for damages caused by, or alleged to have been caused by, reason
of the Owner's activities in connection with the Historic Property.
c. This hold harmless provision applies to all damages and claims for damages
suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the
operations referred to in this Agreement regardless of whether or not the City prepared, supplied,
or approved the plans, specifications or other documents for the Historic Property.
d. All of the Agreements, rights, covenants, reservations, and restnchons
contained in this Agreement shall be binding upon and shall inure to the benefit of the parties
herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or
portion of the Historic Property, whether by operation of law on in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or
restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to
determine the rights and duties of any party hereunder, the prevailing party in such proceeding
may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and
other relief ordered by the court.
f. In the event that any of the provIsIOns of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive
legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall
not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of
the State of California.
- 6 -
25F-14
MILLS ACT AGREEMENT
1116 North French Street
Santa Ana, CA 92701
11. Recordation.
No later than twenty (20) days after the parties execute and enter into this Agreement, the
City shall cause this Agreement to be recorded in the office of the County Recorder of the
County of Orange.
12. Notice of the Contract to Office of Historic Preservation.
No later than six (6) months of entering into the contract, the owner or agent of an owner
shall provide written notice of this Agreement to the Office of Historic Preservation.
13. Amendments.
This Agreement may be amended, In whole or in part, only by a written recorded
instrument executed by the parties hereto.
14. Effective Date
This Agreement shall be effective on the day and year first written above.
15. Signatures.
ATTEST:
CITY OF SANTA ANA
PATRICIA E. HEALY
Clerk of the Council
DA VID N. REAM
City Manager
Property Owners:
Date:
By:
Philip G. Collins
Date:
By:
Kristin Collins
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
- 7 -
25F-15
Fa.;ade Easement Owner:
Date:
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
MILLS ACT AGREEMENT
1116 North French Street
Santa Ana, CA 92701
By:
Philip Chinn for Heritage Orange County
- 8 -
25F-16
MILLS ACT AGREEMENT
1116 North French Street
Santa Ana, CA 92701
Exhibit A
Parcel One:
Lot 2 of Alexander and Lawton Addition to Santa Ana, in the City of Santa Ana, County of
Orange, State of California, as per map recorded in Book 4, Page 35, of Miscellaneous
Maps, in the office of the County Recorder of said County.
Parcel Two:
The South 1.54 feet of Lot 1 of Harvey's Subdivision, in the City of Santa Ana, County of
Orange, State of California, as per map recorded in Book 3, Page 15, Miscellaneous Maps,
records of Orange County.
Assessor Parcel No. 398-027-23
- 9 -
25F-17
MILLS ACT AGREEMENT
1116 North French Street
Santa Ana, CA 92701
Exhibit B
Exterior work shall be reviewed by the Historic Resources Commission and subject to the US.
Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows:
1. Every reasonable effort shall be made to provide a compatible use for a property
which requires minimal alteration of the building, structure, or site and its
environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site
and its environment shall not be destroyed. The removal or alteration of any
historic material or distinctive architectural features should be avoided when
possible.
3. All buildings, structures, and sites shall be recognized as products of their own
time. Alterations that have no historical basis and which seek to create an earlier
appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the
history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this
significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which
characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced,
whenever possible. In the event replacement is necessary, the new material
should match the material being replaced in composition, design, color, texture,
and other visual qualities. Repair or replacement of missing architectural features
should be based on accurate duplications of features, substantiated by historic,
physical, or pictorial evidence rather than on conjectural designs or the
availability of different architectural elements from the other buildings or
structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage the historic
building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and reserve archaeological
resources affected by, or adjacent to any project.
9. Contemporary design for alternations and additions to existing properties shall not
be discouraged when such alterations and additions do not destroy significant
historical, architectural or cultural material, an such design is compatible with
- 10 -
25F-18
MILLS ACT AGREEMENT
1116 North French Street
Santa Ana, CA 92701
size, scale, color, material and character of the property, neighborhood, or
environment.
10. Wherever possible, new additions or alterations to structures shall be done in such
a manner that if such additions or alterations need to be removed in the future, the
essential form and integrity of the structure would be unimpaired.
- 11 -
25F-19
MILLS ACT AGREEMENT
1116 North French Street
Santa Ana, CA 92701
Exhibit C (photographs attached)
.J,..,-..-~,.....
'.to "W' -
- 12 -
25F-20
MILLS ACT AGREEMENT
1116 North French Street
Santa Ana, CA 92701
- 13 -
25F-21
25F-22
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
NOVEMBER 21, 2005
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
AGREEMENTS FOR ON-CALL
ARCHITECTURAL SERVICES
~1 Q //-u~~----
~ CI~
O~ECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute agreements with Gillis & Associates
Architects, Inc. and Ruth Hasell AlA Architect for architectural services
in the amount not to exceed $200,000 for each firm.
CONTINUED TO
FILE NUMBER
DISCUSSION
Staff has solicited proposals for architectural services. These services
are required to augment City staff to complete the design of park and
facility improvement projects in a timely manner.
Qualified firms were contacted
These proposals were reviewed
personnel from City Agencies.
and
by
three firms submitted proposals.
a review committee comprised of
The ratings for the top three firms are as follows:
FIRM
RATING
1. Gillis & Associates Architects, Inc.
2. Ruth Hasell AlA Architect
3. Crane Architectural Group
82
80
79
The fee rate schedules for these firms were compared. The rates are
consistent, reasonable and in line with staff's estimate. Because of the
experience of key personnel, client satisfaction and competitive rates,
it is recommended that the firms of Gillis & Associates Architects, Inc.
andRuth Hasell AlA Architect be retained for the required services.
25G-1
Agreements for On-Call
Architectural Services
November 21, 2005
Page 2
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The proposed contracts will have a limit of $200,000 for each firm. Funds
to pay for the design engineering and landscaping services will be
charged to the various projects in the Capital Improvement Program.
APPROVED AS TO FUNDS AND ACCOUNTS:
~/L J~OS~
Executive Director
Public Works Agency
'~o.t)K'(' ~ t:)r"..J ~~-
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services
Agency~
~j
25G-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
NOVEMBER 21, 2005
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
AGREEMENT TO REFURBISH AND
REBUILD CONTROL VALVES WITH
CLA-VAL CORPORATION
/
~
G~0{L~..
. CITY MANAGER
CONTINUED TO
FILE NUMBER
/
,../RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with CIa-Val Corporation
in the amount of $25,000 to refurbish and rebuild control valves at
various water production facilities in the City.
DISCUSSION
The City currently utilizes control valves at its water production
facilities to maintain consistent pressure and flow within the water
distribution system. CIa-Val Corporation of Newport Beach, California
manufactures the valves. Currently, there are six valves that need new
piloted control assemblies and need to be refurbished.
The proposed agreement with CIa-Val Corporation will provide the parts
and labor necessary to complete the required valve maintenance work.
Because CIa-Val is the valve manufacturer, Staff recommends that CIa-Val
Corporation be retained on a sole source basis to complete the required
refurbish and rebuild work.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
25H-1
Agreement to Refurbish and Rebuild
Control Valves with CIa-Val Corporation
November 21, 2005
Page 2
FISCAL IMPACT
Funds are currently available in the Water production and Supply activity
(account no. 64-574-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
~
Jam s G.
Executive Director
Public Works Agency
~\\t'\~~~~() ~~Q__
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services
A9~~ jttr
JGR/RB/RFCAll-OS/Agreerefub&rebuildvalvesCal-valCorp.JGR
25H-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
NOVEMBER 21, 2005
TITLE:
CLERK OF COUNCIL USE ONLY:
SOFTWARE MAINTENANCE
AGREEMENT WITH BENTLEY
;YSTEMS(jJ4JC2
;ta ITV MANAGER
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
/
\/ RECOMMENDED ACTION
Award a contract to Bentley Systems, Inc. under the contract with the
California Department of General Services for software maintenance and
technical support for the specialized engineering software used in the
Public Works Agency in an amount not to exceed $54,000.
DISCUSSION
The Public Works Agency utilizes a number of specialized engineering
software products for its computer design services. This software is
also used for accessing data on the Geographic Information System.
Bentley Systems, Inc. owns and maintains this software. A software
maintenance agreement is needed to ensure that the City receives software
upgrades, phone and on-line support.
Santa Ana Municipal Code section 2-807 (d) authorizes the City to
purchase from vendors whose names are on current, established list and
have been awarded the same type of purchase contract by another
government entity after a competitive bidding process, without separately
bidding. Currently, Bentley Systems, Inc. provides software maintenance
and technical support through the California Multiple Awards Schedule at
a discounted price. The cost for each year is estimated to be $27,000.
FISCAL IMPACT
The cost of the two-year maintenance agreement will be $54,000. Funds in
the amount of $27,000 are budgeted in the current fiscal year for this
agreement in the Public Works Administration account for other
contractual services (account no. 101-601-6291). The remaining $27,000
will be included in the FY 06-07 budget.
APPROVED AS TO FUNDS AND ACCOUNTS:
~(
~James G. ~o~
Executive Director
Public Works Agency
~~~~~r-.l'> ~~'ft"" ,
Francisco Gutierrez ?r-
Executive Director
251_1inance & Mgmt. Services AgenCY@?
251-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
NOVEMBER 21, 2005
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
AGREEMENT WITH YMCA OF ORANGE
COUNTY AND APPROPRIATION
ADJUSTMENT
r:\';
~,
&
r-..... /
; /, I
k/JLJ1~---/
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute an agreement with the YMCA of Orange
County to provide educational and outreach materials to the Active
Living neighborhood districts.
2. Approve an appropriation adjustment accepting YMCA of Orange County
funds in the amount of $18,000 in the Recreation Special Fees and
Donations revenue account (account no. 22-01-5798) and appropriate same
to the Recreation Special Fees and Donations expenditure account
(account no. 22-231-6391).
DISCUSSION
The Parks, Recreation, and Community Services Agency entered into a
partnership with the YMCA of Orange County and submitted a grant proposal
to the Robert Woods Johnson Foundation in August 2005. A grant for $47,500
was awarded to the YMCA of Orange County of which $18,000 has been
allocated for the City of Santa Ana Parks, Recreation and Community
Services Agency's Santa Ana Active Living United Districts (SALUD)
Initiative. Funds will be used to produce educational and outreach
materials in both English and Spanish to be distributed to the Active
Living neighborhood districts.
25J-1
Agreement with YMCA of Orange County
and Appropriation Adjustment
November 21, 2005
Page 2
FISCAL IMPACT
The appropriation adjustment will enhance the Recreation Special Fees and
Donations revenue account (account no. 22-01-5798) and Recreation Special
Fees and Donations expenditure account (account no. 22-231-6391) by
$18,000.
APPROVED AS TO FUNDS AND ACCOUNTS:
~~~oI
Gerardo Mou t,
Executive D rector
Parks, Recreation and
Community Services Agency
'{~~ ~~::~~
Francisco Gutierrez
Executive Director
Finance & Management
Svcs.~gency~~
25J-2
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
OCTOBER 3, 2005
TITLE:
APPROVED
LEASE AGREEMENT WITH STATE
CALIFORNIA EMPLOYMENT
DEVELOPMENT DEPARTMENT -
THE DEPOT AT SANTA ANA
OF
o As Recommended
o As Amended
o Ordinance on 15t Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
NO\} 2 1 2005
NOV 0 7 2005
~
(~.i /31r2J'~.e''-'
Mi'("~ V .
CI Y MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute a lease agreement with the State of
California Employment Development Department (EDD) for office space at
The Depot at Santa Ana.
DISCUSSION
In 1998, the Workforce Investment Act (WIA) enacted changes to the way
that workforce programs were delivered at the local level. WIA
consolidated delivery of all workforce programs into one-stop centers.
To meet this requirement, Santa Ana developed the Santa Ana W/O/R/K
Center. The main partner in the implementation of the W/O/R/K Center was
the California Employment Development Department. For the past five
years EDD has leased space at The Depot from the City. In order to
continue this partnership, the EDD office has requested a new five-year
lease with the City.
The lease agreement (Exhibit 1) would be for Suite 103 and portions of
Suite 220 on the second floor. The total office space leased by EDD will
be 5,246 square feet. The starting monthly lease rate for the lease will
be Six Thousand Six Hundred Ten Dollars ($6,610) with annual rental
increases as follows: (Year Two = $6,820; Year Three = $7,030; Year Four
= $7,240; Year Five = $7,449).
The continued lease with the State of California EDD at The Depot will
result in revenues of at least $79,320 annually and would continue the
streamlined access, which the clientele and patrons now receive at the
Santa Ana W/O/R/K Center.
25K-1
Lease Agreement with State of
California EDD - The Depot at S.A.
October 3, 2005
Page 2
FISCAL IMPACT
The City will receive the initial amount of $79,320 annually, with rental
amounts increasing to an annual amount of $89,388 or up to $421,788 over
the full term of the Lease Agreement. Funds received will be deposited
into Rental-State of California EDD Revenue Account (account no. 067-01-
5506) .
APPROVED AS TO FUNDS AND ACCOUNTS:
patricia C. Whitaker
Executive Director
Community Development Agency
;/ ';J /1)
(!j~~ rJ L-/tULJW~J
~ranci~co G~tierrez f0
Executlve Dlrector
Finance & Management Services Agen~~
PCW/CF/LS/mlr
H:\ACTIONS\200S CC\LeaseAgreewithStateofCaliforniaEDD-DePOT lO-3-0S.doc
25K-2
'.r "
, '.
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
STANDARD LEASE FORM
LEASE COVERING PREMISES LOCATED AT
1000 E. Santa Ana Boulevard
Santa Ana, CA
Preamble
THIS LEASE, made and entered into th.is8th. day of August, by and between
File No.: 4811-001
Project No.: 113840
LESSOR'S FED. TAX. 1.0. NO. OR SOCIAL SECURITY NO.
NIA
TENANT AGENCY
Employment Development Department
CITY OF SANTA ANA .. .
A MUNICIPAL CORPORATION OF THES1'.A.TE OF CALIFORNIA
..- -', , ,
hereinafter. called the Lessor, without distinction' as to number 0; gender, and the State of California, acting by and
through the Director of the Department pf General Services; hereinafter called the State;
Description
1. The Lessor hereby leases unto the State and the State hereby hires from the Lessor those certain premises with
appurtenances situated in the City of Santa' Ana: County of Om.l.lge. . State ofCaliforiJia, and more particularly
described as follows:
Approximately 5.451 oot-asabffi-square feetof leased office space including 2.135 square feet of space for the
exclusive use of the State and 3 J 16 square feet of space which is shared. between the State and Sublessor all OIl the
first and second floor~ of the building located at 1000 E. Santa Ana Boulevard. Suites 130 and 220. Santa AnI!,.
California as outlined in red ('exclusive") and green ("shared") qn the attached Exhibit "A" plan, together with
specifications marked Exhibit "B"and lessor compliance procedures marked EJchibit "C", said Exhibits "A" ap.d "B"
~, Project No. 113840 dated May 18. 2005. hereby being incorporated into this lease, and including twenty-two
(22) nonexclusive unobstructed parking spaces contiguous to the subject building, and unlimited use of the building's
common facilities.
Term
2. .' The term of thisle~e~hail~6:hiireiice:brt:A~gust 1 ;20()5::~d;,shall end 011 Julv3i 2010. with such rights of
_i ';" ,," -", :" ;: ":,,, ,';".'~':_'_\"_,' _,,"/_,"_ "_' _, _,.,' ;--- , ", -- _',' :, ":":;';':-'i __ '-- '--'_;'_ - ,
termin~tion \is~ay be her~inafte{ex~ressly:set forth. . .'
8i~f.~ ........( ...... '" ......... ........ .... ...<' , fi'!
~e Stat8:nray t...e~~inate..tl1i...S Ie.. ase at.. ahy.t.imee..ffeytiVe?..IIOfa.ft~rJUlY 3 L 2007. by giving written notl.' ce to _
the . ~ast thirty (30) days prior tothedate when such termination shall become effective. If the State fails to
complete its move out within the notice period andremains in the premises, additional rent shall be paid and prorated
on a thirty (30) day month, based on the actual number of days the State occupies the premises following the effective
date of termination.
Early
Termination
EXHIBIT 1
~
25K-3
Page-l
'.
Rent
4. Rental shall be paid by the State in arrears on the last day of each month during said term as follows:
~-r
SIK Ten
SIX THOUSAND Et6H'f'HUNDRED ~tXTY-EIG~ AND NO/lOO DOLLARS
( Ij fO & I () gz) (~~6B.88) from August L 2005 through Julv 31. 2006. then;
~ THOUSANg~ijfrT~'fg&Mr:?NO/I00 DOLLARS
(; 6 8W") ::::::;~~:~~iN!~?~~:~;:~:~~OIiooDOLLARS
(4:; 030 ~j(~.2S6.0~rfrO~.A~~st 1.2007thrOUg~JUl~31..~008..the!~>:<\.\..'\
SEVEN THOUSAND"~ HUNDRED&U1? ~D NO/IOO DOLLARS'
l k :t2:~6:~:~~:::;I~~::~~Z:~::;~;:~~~/I06 D&tLMS\
('lq'-lc;~')$'):138.e5) from August L 2009 through Julv 31. 2010'.iLi<) ... <'
.."........,..;. :. t', .", ......:.:.;,:.:.:. ":.._.. .'.
Rental payable hereunder for any period of time less than one month shall be. determined by prorating the
monthly rental herein specified based on the actual number of days in the month. ~ent<l.l shall be paid to Lessor at the
address specified in Paragraph 5 or to such other address as the Lessor may designate by a notice in: writing. If the
premises are not complete pursuant to Paragraph 6 by the date shown in Paragraph 2, it is understood and agreed by
and between the parties that, at the State's sole option, the dates shown in Paragr(iphs 2 and3 and the. dates and dollar
amounts shown in Paragraph 4 may be adjusted to the first of the month following die State's acceptance of the
completed premises, such acceptance shall not unreasonably be withheld.. If the State exercises this option, it is agreed
the State will complete unilaterally an amendpent to the. lease to revise the her~in above stated dates. : Any accrued
rents for the period of time prior to the unilaterally adjusted commencement date will. be paid in accordance with
Paragraph 8. Additionally, it is understood and agreed between the parties that, at the State's option, the dates shown
in the "CPI Esealator Operating Expenses" paragraph, if incorporated herein, shall be adjustf<d to reflect the time delay
between lease commencement and the first of the month following the actual acceptanc;e date. In the event this lease
agreement contains a provision granting the State an Option to Purchase the premises; it is further agreed herein by the
parties that, notwithstanding the provision of the Option to Purchase paragniph herein, the effective dates and
corresponding purchase option prices of said Option to Purchase shall be adjusted consistent with any adjustment to
the lease commencement date, as stated above, which initial purchase option date shall in no event be less than
twenty-four (24) months nor more than thirty-six (36) months from the "adjusted" corhmencement date. Said
"adjusted" purchase option dates shall be established consistent herewith and incorporated into said lease with a
unilateral amendment by the State.
,~
=
25K-4
Page-2
,f. ,
Notices
and to the State:
Completion and
Compliance with
Plans and
Specifications
Notice of
Completion and
Access to Premises
during
Construction
.' .
:'.
5. All notices and correspondence herein provided to be given, or which may be given by either party to the
other, shall be deemed to have been fully given when made in writing and deposited in the United States Mail,
certified and postage prepaid and addressed as follows:
To the Lessor
City of Santa Ana
Downtown Development Division
116,.\ West4lhStI'e~t, Suite 6
Santa Ana; CA 92701
Phone No. (714) 647-6556
FAX No. (714) 647-6939
".',.,...,'"
PEP~.~TMEl'NT9fGEl'NF:RAL SERVICES,
REAL. F:ST11'lj: SERVICF:S PIVI~IOl'N
~lj:A.SE:M:AN1GEMENT.!! .... 4811-001
707 TIIIRDSTREET, SUITE 5-305
WEST SACRAMENTO, CA 95605
PHONENO; (916) 375-4172
FAX NO.
(916) 375-4173
'<:';,:"_:'::-'.-:
,.......,...:',.. ...;."........' .....,.,.,..,.-...)".
. :'---^:__:..':.< '.-' -.:.......
ALL NOTICES AND CORRESPONDENCE MUST REFERENCE
TENANT AGENCY AND PREMISES ADDRESS
payable to:
i:--:'-"_, .....<,.,
'...........,........-,...-.:;.,..:.-..-::... ..,
Citv of Santa Ana
,:'--:.-:-.---,,:.:;-,'
City of Santa Ami
Downtown Development Division
. 116 A W~ 4!h Street, Suite 6
Santa Ana, CA 92701
. .
Nothing herein contained shall preolude the giving of any such written notice..by personal service. The address to
which notices and correspondence shall be mailed to either party may be changed by giving written notice to the other
':::,"':,'::",,>,_:,.:i_,"',:','-:"_" ..'
Party~:i:':: .:> '. .:- :'::::'.:. """':'_:'.:. . .",'; '-',-:>:':'::.,-'_,- .........:. .'. ........
. ,.' " '
6. Lessor agrees that, prior to August 1. 2005. and at Lessor's sole cost and expense, all required construction,
improvements and/or alterations, if any, shall be completed and the leased premises made ready for State's occupancy
in full compliance with Exhibit "A", consisting of two (2) sheets titled, "Office Quarters, Project No. 113840" dated
Mav 18. 2005. and in accordance with Exhibit "B", consisting of four (4) pages, titled, Short Form Specifications,
Project No. 113840" dated Mav 18. 2005. which Exhibits "A" and "B" are by this reference incorporated herein.
7. Lessor shall notify the State in writing by certified mail of the the leased premises will be completed and
ready for occupancy at least thirty (30) days prior thereto. Slich notice shall be it condition precedent to the accrual of
rental hereunder, except however, that if the State occupies the premises prior to the receipt of such notice or prior to
the expiration of the notice period of such notice, rental shall commence to accrue as of the date of occupancy.
Following execution of this lease, and not more than sixty days (60) prior to completion of construction and
occupancy under this lease, State or its contractors or other representatives shall have the right to enter the premises for
the purpose of installing certain equipment such as, but not limited to, modular system furniture, and electrical and
telecommunications cabling and equipment.
State agrees to indemnify and hold Lessor harmless from and against any claims, damages, or other injury
suffered by Lessor as a result of the work to be performed pursuant to this right to enter the premises prior to State's
acceptance and occupancy of the premises. Lessor agrees to indemnify and hold State and its agents, contractors or
other representatives harmless from and against any claims, damages, injury or other harm suffered by reason of the
negligence or other wrongful act of Lessor or any of Lessor's agents, contractors, or other representatives.
~
~
25K-5
Page- 3
,r, .
Early Qccupancy
Time limit and
Prior Temmey
/',
In no event shall the exercise of this right of entry be construed so as to cause an acceleration of the occupancy
date of this lease or the obligation of the State to pay rent.
Lessor and State shall each make all reasonable efforts to ensure that the respective construction and installation work
is scheduled in such a manner so as to not interfere with or delay the other.
In the event that one or the other party causes a delay in the other party's work, such injured party shall be
compensated in the following mariner:
Delavs cau~~d bv theiLessor:
Credit the State acomp~nsating4ay of delay intl:1eoccupancy
Compepsation will be in one day increments.
day of delay in payment of rent.
Delavscaused bv the~t~te:... .
Credit the L~ssor a compensating day of P1lyment ofIent from the
Thepaiti~s agree that this shall be the sole remed):'for delay~ in tl1~f~hecI119ulatiortbfd~magesillany..other manner is
. too uIlcertain and not susceptible of accurate determinatiqn.
:';'_"'-"--:'" 'i-<:,'-::' ",,- "{::",
'-:\ '"-'_:,::",,i',_,___':::":'-:::::"_:, :::,,',,:' ,_:, "::
"',,'::':'" ,:' - ":,-', > c",,____, "",',', ,', ' ._ ,,',,',,'
, .-,-",.", ,',' -, ,,,-"',, ,'" ,', :,,,,::,,,,:,,,,,, ::"",,:':, ',',,', ":,:,--:,,,: ",.- ,,,,,-,,,.-',,.-, ""-',,,::,,,,,,,,,,,:,":,,,,-,,::",-',,:.-,,-,;,,,,, -:,-, .:. .,-.-:: ". '\.
':"'. .......,'-. ......"-'-......".-."......-- .........;............',......":..'- ......,,,...... ':'" ......-.... ...-......:_"-"-"::,"_.,"":'-.:" ..
. 8. Lessor agrees that if the leased premises are ready for occupancy prior to tlie c()mpletion date specified above
in Paragraph 6, State may elect to occupy the premises on the earliest date practical after its receipt of the herein
required completion notice. The rent payable for any such early occupancy by the State shall be at the rate of
SIX THOUSAND EIGHT HUNDRED SIXTY -EIGHT AND NO/I00 ($6.868.00) per month, and shall be prorated on
a daily basis for any partial month.
. 9. No reI}tal shall accrue under this lease, nor shall the State have any obligation to perform the covenants or
observe the conditions herein contained until the leased premises have been made ready for occupancy in accordance
with the provisions hereof. It is specifically agreed that in the event the leased premises are not completed and ready
for occupancy. by the State on or before August 1. 2005, then and in that event the State ma~:, at its option and in
addition to any other remedies it may have, terminate ibis lease and be reliev~d of any further obligations hereunder,
providing that a fair and reasonable allowance for the following delays shall be added to said time for completion:
A. Acts of the State, its agents or employees, or those claiming under agreement with or grant from the State;
, or by , :'. .
B. The acts of God which Lessor could not reasonably have foreseen or guarded against; or by
C. Any strikes, boycotts, or like obstructive actions by employees or .labor organizations and which are
beyond control of Lessor, and which cannot be reasonably overcome; or by
Restrictive regulations by the Federal Government which are enforced in connection with a National
Emergency.
":'" .. "'....-..........'.-.-.."...-
In the event that theStat~electsto occuByprelI1ise~bef()reiliewor~ oIl. the premises specified in Exhibit A and B is
fully completed, the State will provide the Less?r',Vithil punch list of work remaining to be completed (referenced as
the State's "Punch List"). Lessor agrees that Lessor shall complete the remaining work no later than 14 calendar days
from the date of receipt of said Punch List. If said Punch List is not completed within the specified 14-day period,
Lessor agrees that, beginning on the first day after said I4-day period following occupancy of premises by the State,
rent may at the State's sole option be reduced to FOUR THOUSAND EIGHT HUNDRED SEVEN AND NOIlOO
($4.807.00) which is Seventy Percent nO%} of the base rent specified in paragraph 4 herein (excluding any
amortization payments) until such time that the Punch List work is completed in full and that such completion of work
is inspected and accepted by the State. The portion of the rent specified for amortization of tenant improvements, if
any shall continue to be paid in full without intenuption.
~
25K-6
Page-4
It is understood and agreed that the rent reduction specified above does not relieve Lessor of its obligation to
complete said work and the State shall maintain all other remedies specified in the Lease.
It is understood by all parties hereto that it shall be the Lessor's responsibility to remove any prior tenant.
Conformity to
Exhibits
10. Occupancy of the leased premises by the State shall not relieve Lessor in any respect from full compliance at
all times with aforesaid Exhibits "A" and "B". It is further understood and agreed that any installation not in
conformity with said E~ibits"A" ~d "Bns~all be ill1rrlediat~lycorrected by the Lessor at Lessor's sole cost and
expense. In the eyentL~.~sorsh~l1, after notice in writing~om.theSJ~te requiring the Lessor to comply with the
requiremen;softhis p~il.graph inreg~d to a sp~.ci~ed s~lldition,flliI~refuseor~eglect to remedy such conaition, State
may terp1in~t.~;his lease~ithoutfi.Irtheroblig~iion, or. as to such specified Toediti<.)e, at its option and in addition to
anyoth~rremedyt~~ Stil.1e m~y h~ve;>\Vithholdx~ntcl~(; a.nd prin~Jtee leas~dpremi~es into conformity with said
5-xhibits atits own cost including State's Administrative costs, if anY,and degust the a~ount thereof from the rent that
may then be. or thereafter become due hereunder.
11,>Lessorhereby warrants and guarantees thatthe space lease,dtOthe Stllt(;~il1jHe opercateda.nd maintained free
of,h~ar~fr<.)m Asbestos Containing Materials (ACM) and agrees~0!~7S~rditionsfor~1ll."Vey, testir~' and abatement
ofA9Mdescribed in Exhibit "B" as applicable. L~s~or specifically~~r71sthat, in th~7vent te.e Stil.teelects to exercise
its ripts under the provisions of Paragraph 16 ofteis l(;ase'ja.ny.sostsrelil.ted to aba!emegt> or ha.zfITd from asbestos
shall be the Lessor's responsibility as describedintqellforeQlelltion~4.5-xhi1:lit)'B.'~
Asbestos
12. Lessor, at Lessor's sole cost and expense, shall clearly mark provide the parking spaces described hereinabove
as assigned provided to the State of California. Said parking spaces will. be arranged and maintained so as to provide
unobstructed. access to each parking. space at any time. In addition to any assigned parking spaces,. State and its
invitees shall have equal access to common spaces provided to all tenants on a first-come; first-served basis.
';.'.' .:'\
,'..':-.' ,',',' .. " .,' :.'
Elevator (if any) service. . . . .
Electricity and/or gas as necessary to provide power for heating, ventilating, and air conditioning, and
electrical or gas service as needed for State's operations.. .
D. Janitorial services sufficient to maintain the interior in a clean well-maintained condition; that is, to
eliminate all visible dust, dirt, litter, grime, stains, smears, finger marks, etc., to the greatest practical
degree possible, by performing at least the following:
Daily:
(1) Errlpty.a.nddeallallt;asl1containers'and dispb~~ <.){all trash and rubbish.
(2) Clean and maintaill.in a sanitary and odor~free condition all floors, wash mirrors, basins, toilet bowls,
and urinals.
(3) Furnish and replenish all toilet room supplies (including soap, towels, seat covers, toilet tissue, and
sanitary napkins). Furnish and replenish paper towel supply in all areas of the leased space.
(4) Sweep or dust mop all hard surface floors, and carpet sweep all carpeted areas, including stairways
and halls. Offices with hard surface floors in the public lobby area shall be damp-mopped daily.
(5) Remove finger marks and smudges from all glass entrance doors.
(6) Specifically check, and ifaction is needed, then:
a. Dust the tops of all furniture, counters, cabinets, and window sills, (which are free of interfering
objects).
b. Remove spots and/or spills from the carpets, floors, and stairways.
~
25K-7
Page-5
, ' ~ .
Repair and
Maintenance
/',
As needed, but not less frequently than:
Twice Weekly: Vacuum all carpets.
Weekly:
(1) Damp mop all hard surface floors.,
(2) Dust all window blinds.
(3) Treat stainless steel fountains and sirlks to eliminate stains and mineral deposits.
(4) Spot clean the \Valls.
Quarterly:
(1) Strip all hard surface floors and apply a newcoatof floor finish; buff as necessary to produce a
uniformly shinirig appearance.
(2) Treat carpets for static electricity control (if not integrated in the fabric).
Semi-annually: Wash all windows, window blinds, lightfixrures, walls,)llld painted surfaces.
Annually:
(1) Steam clean carpets to remove all stains and spots.
(2) Clean drapes.
, ,
, .
In the event of failure by the Lessor to furnish any of the above services or supplies in a satisfactory manner, the
State may furnish the same at its own cost; and, in addition to any other remedy the State may have, may deduct the
aluount thereof, including State's administrative costs, from the rent that may then' be, or thereafter become due
hereunder.
14.A. During the lease term, the Le~sorshallmaintaintheleasedprernisesingood repair and tenantable
condition, so as to minimize breakdowns and loss ofthe State's use ofthepr~l.llisescaused by def~rred or. inadequate
maintenance, including, but riot limited, to:
(I Y Generally maintairiing the leased premises in good;vennin-free, operating condition and appearance.
(2) Furnishing prompt; good quality repair of the building, equipment, and appurtenances.
(3) Furnishing preventative maintenance, including,butnotHIl1ited to, man~facturer's recommended
servicing of equipment such as elevator (if any), heating, ventilating and air conditioning equipment,
and fixtures.
(4) Furnishing ongoing maintenance and prompt repair of any and all special equipment and systems
referenced in Exhibits kand B including but not limitedto, security and access control systems, fire
suppression systems, special HVAC systemsfqr computer rooms; and UPS systems.
(5) Furnishing and promptly replacing any inoperative light bulbs, fluorescent tubes, ballast, starters, and
filters for the heating, ventilating and air conditioning equipment as required.
(6) Furriishing remedial painting as necessarY" to maintain th6 premis6s in a neat, cl6an and orderly
condition.
(7) Annual testing and maintenance of all fire extinguishers in or adjacent to the leased premises.
(8) R6pairing and replaciRg as llecessill')' intrabuildillg n6twork cabl6 and inside wir6 cable l:Is6d fDr yoic6
and data transmission.
(9) Repairing and replacing parking lot bumpers and paving as necessary. Repaint directional arrows,
striping, etc., as necessary.
(10) On a weekly basis, sweeping parking areas and sidewalks, maintaining landscaped areas, including
sprinklers, drainage, etc., in a growing, litter-free, weedfree, and neatly mowed and/or trimmed
condition.
(ll)Repairing and replacing floor covering as necessary. Lessor, at Lessor's sole cost, shall arrange for
moving of furniture and equipment prior and subsequent to the repairing or replacement of floor
covering.
~
25K-8
Page-6
Painting
,',
(12) Keeping all walkways, parking lots, entrances, and auxiliary areas free of snow, water, oil spills,
debris, or other materials which may be hazardous to users ofthe building.
B. Lessor shall provide prompt repair or correction for any damage except damage arising from a willful or
negligent act of the State's agents, employees or invitees.
C. Except in emergency situations, the Lessor shall give not less than 48 hour prior notice to State tenants,
when any pest control, remodeling, renovation, or repair work affecting the State occupied space may
result in employee health.. cOI1~~rns inthe work environment.
D. In case Lessor, after notice in \)'dtin&from the State~:quiring the Lessor to comply with the requirements
ofthispara~aph in r:&ard to a specified cOI1dition,~h~H fail'E~fuse or neglect to comply with such notice,
~~~\,ent of ~ em~rgency s.o,nstitutjpg a hazar~ t.o .the helll~~ or safety of the State's employees,
pro,p~rty, ori~yitee~,tl1e State may terminate this lealie wi~ou~ fu~hero,bligation or at its option, perform
such l1.1aiI1ten1lllce or make such repair. at it~~'f~ co~t an~eiIladdi~oI1 toa~y other remedy the State may
have, may. withhold Eent due and deduct the,. amount~her:of,i.~dudiIIg pece~;ary costs incurred by the
~tate required for th.: adm,ni~t\ation of such maintenanceandr:pairs, from the-rent that may then be or
thereafter become due hereunder.
15. In addition to any painting completed prior to the commencement of this lease, and tou~h-up painting required
. after initial occupancy upon receipt of written request from the State, Lessor agrees at Lessor's sole co~t and expense to
repaint all painted surfaces ([X] interior and [ ] exterior) of the leased premises in accordance with the attached
Exhibits "A" and "B". In no event shall Lessor be required to repaint more than once during the first sixty (60) month
period of this .lease after the painting completed prior to the com'mencem~nt date, and once during any succeeding
sixty (60) month period. Lessor shaH, within forty-five (45) days from the giving of any' such notice, arrange for and
complete the painting. Colors are to be approved by the State. Lessor, at Lessor's sole cost, shall arrange for moving
of furniture and equipment prior and subsequent to the repainting, and provide drop doths, and covers as necessary,
,'-.:. ..',.,.:.....;....:;..:.:...>:::::.':.;;.;.:<..:,.::'.. ,.',
':.: >.- ,::..-..........i.,. ...":':.-'-\."t:-,. :"_';"::" ,_.,"', _ ,,::',':::_,_'.__:::.:
16'+h6 Witht~~ ... ~~ssor' s prior approval.\)'~ich sh~l1.notbe u~reasoI1ab~v\)'i~~~~ld"$tat~./shall have the right
during the exist~n~e.~ft~isle1l5e to l11a~e.pI11l~geordt;:rs.~1~.~I~;r~ti9ns; ~tlac;l ~J<tures;.1lllderec~additi?ns,str!lctures,
orsi&"s in orup()n thelea,sed premises. SU(;l1.fixture~'a'dditions, structures,()r signs~9 plll(;ed in .orupon,or attached
tattle premises uneler. this lease or any extensio~hereof~l1allQe andremaifi..t~l:J5~9pe~ of the Sta~e1nd may be
rerno"ed therefrom by the State prior to the teITI)ination. or expirationpf thisl:ll~e ar any x.enewal orexteI1sion hereof,
or within a reasonable time thereafter.
. "i. ..... ...... '>iiii .' i/./ .... ..... .... /......... ..ii ..... ................ ........ .... ... ....... .... ....//./it . .............. ./.........> 61f...r
.)f- fuch- pdFk J.~... cl. U.k.... * Int.b~.ev.e..ntalterations, fixt..u.....res, ad~itIons; structures, or signs in.a.r........u....p....().~~he le.~ed prem.is. e,s..llr..e..... j!";red bY"~ ~/
'CJ~Ni p ~ ~r: ~Y- OW~) ::: ~:::~~I:t~c:~:~~:ce:f:: t:ia:o;'da~;e~~~~ll:~~; ;~:7d:~t~ii~~;tt~~~~ ~~t:~~~dl::~;:~~:e~i: -1-
{oirul. dJkrdio~ ~. . from at leastthree lic.e~sedcontr~ftorsa,I1~tofgI1tractwith the 10west?iM~r.\Lessor fu~h:r ag~ees that the overhead
'1...L kd>e-J PfUY\I5>e.>. llI1dprofit for the work sh~l~otexceedfifteenpercen.t{15~) tota,l for.l;.essor and an)'i~ene~al contractor combined.
Lltf.,,/J / Within forty-five (45)dfys. afterrec;iving Lessor'~ noticeofcol1.1pletion of the,.reque~ted work and an invoice
J2!-- - requesting payment t~erefor, together with a complete ~e,t~ileel accou~tirl~ ofallc()stsfor each trade, State agrees to
eitheqeimburse .~essorb)' a single total payme~t fort~~ cost of s~ch' wo,*;.. ?r, wi~ Lessor's prior written approval,
State will ~ortize the cost of t~e reCJ.uest:d work over. the relllaininRter!I1 oft~i~ lease by increasing the monthly rent
by an amount to inc1udeprincipal ~d interest on the u~Pllid~alaI1Se.'I11~interest rate may not exceed the prime rate
(the base rate on corporat~ loans posted by ~t I~~t seyel1ty fiveR~rcent(75%) of the nation's 30 largest banks) plus 2
percent (2%) as of the date of the State's written authorization to proceed.
Change Orders
and Alten~tiol1s
Assignment and
Subletting
In the event State terminates this lease on or after the end of the firm term, but before the expiration date of the
lease, State agrees to pay to Lessor the portion ofthe principal balance which is unamortized as of the effective date of
termination. Said payment shall be a single payment to be made within forty-five (45) days after the effective date of
the termination.
17. The State shall not assign or sublet this lease without prior written consent of the Lessor, which shall not be
unreasonably withheld, but shall in any event ha'le the right to sublet the leased premises.
~
25K-9
Page-7
Quiet Possession
Inspection
Destruction
Subrogation
Waived
Prevailing Wage
Provision
18. The Lessor agrees that the State, while keeping and performing the covenants herein contained, shall at all
times during the existence of this lease, peaceably and quietly have, hold, and enjoy the leased premises without suit,
trouble, or hindrance from the Lessor or any person claiming under Lessor.
19. The Lessor reserves the right to enter and inspect the leased premises at reasonable times, and to render
services and make any necessary repairs to the premises.
20. If the leased pr~~ises aretotll]lydestroye~byfireor oth~rc~ulllty, this lease shall terminate. If such casualty
shall render lOpsrcent(1e%)oIoIes~ofthe floor spaseof.the leasedp~~mises unusable for the purpose intended,
Lessor shall effectTestqration of the premises as ql1iC!qYJ.1S is reasonably possible, but in any event within thirty (30)
days.
In the ~'{ent su~hc:a?l1altysl1allre~der more than tenperceIlt (19~)(jf s~f.hfloqnpa2e.~nusable but not constitute
total. destrUc!ion, .~e~sor shall fOrtl1wit~ give n9ticet~ St~~e of the ?pecifjc nwnber of d~yS req~ired to repair the same.
If. Le~s9r..undt:r.. ~uch circumstances shall not give suo ch notice within fift.een...(....I.5) ca. I.e... qd.'.14"'. d...llY. s,~.....fter such destruction,
o~ if such notice shall specify that such repairs will require m?re;rhar>~in~tY((O).Mystqrq~j:llete from date such
nqtiSS is given, State, in either such event, at itsi option may tel"~i~~te,!hi? le<l.ll~ oS~.l.Ipon. ~?tic~ to Lessor, may
~ainrain occupancy and elect to undertake the r~pairs itself, dsfl~qtin?tl1e costtl1ereof frol11 tl1erental due or to
become due.underthis lease and any other lease between.Les~orand State,'
":,.... '(-.' ;::0, ;,
';,-,,':"".'.'-;," .,.',.. ," ...... .c.,':" '....
,__. .'.. ..__,__ .,...... - - - ',.:"_::_, .... ',0', ,." _.'."""_,._ ..c.... _,
In the event of any such destruction other than total; where the State has, not terminated the lea~e as herein
provided, or pursuant to the terms hereof has not elected to make the repairs itself, Lessor shall diligently prosecute the
repair of said premises and, in any event, if said repairs are not completed within .the period of thirty (30) days for
destruction aggregating ten percent (10%) or less of the floor space, or within the period specified in Lessor's notice in
connection with partial destruction aggregating more than ten percent (10%), the State shall have the option to
terminate this lease or complete the repairs itself, deducting the cost thereof from the rental due or to become due
. tinder thiS-lease' ana any other lease between Lessor aHa State.
. . .
In the event the State remains in possession of said premises though partially damaged, the rental as herein
provided shall be reduced by the same ratio as the net square feet the State is thus precluded from occupying bears to
the total net square feet in the leased premises. "Net square feet" shall mean actual insi,de dimensions ,and shall not
include public corridors, stairwells, elevators, and restrooms.
It is understood and agreed that the Stateor its agent has the right to enter its destroyed or partially destroyed leased
facilities no matter what the condition. At the State's request, the Lessor shall immediately identify an appropriate
route through the building to access the State leased space. Ifthe Lessor cannot identify an appropriate access route, it
is agreed that the State may use any and all means of access at its discretion in order to enter its leased space.
21. To the extent authorized by any fire and extended coverage insurance policy issued to Lessor on the herein
leased premises, Lessor hereby waives the subrogation rights of the insurer, and releases the State from liability for
any loss or damage covered by said
22.
For those projec;!s ?Sfined as."publ!c""orks" pursuant tO~ll.bor Code g 1720.2, the following shall apply:
A. LessorJcontractor ShalL S9rnply;vi!hprevailing wage requirements and be subject to restrictions and
penalties in accordance with gI770 et seq. of the Labor Code which requires prevailing wages be paid
to appropriate work classifications in all bid specifications and subcontracts.
B. The Lessor/contractor shall furnish all subcontractors/employees a copy of the Department ofIndustrial
Relations prevailing wage rates which Lessor will post at the job site. All prevailing wage rates shall be
obtained by the Lessor/contractor from:
Department ofIndustrial Relations
Division of Labor Statistics and Research
455 Golden Gate Avenue, 8th Floor
San Francisco, California 94102
C. Lessor/contractor shall comply with the payroll record keeping and availability requirement of g 1776 of
the Labor Code.
~
25K-10
Page-8
" ,
Fair Employment
Practices
DVBE
Participation
Requirement.
Service
Companies
Ser'iice Credit
Holding Over
I',
D. Lessor/contractor shall make travel and subsistence payments to workers needed for performance of
work in accordance with the Labor Code.
E. Prior to commencement of work, Lessor/contractor shall contact the Division of Apprenticeship
Standards and comply with ~1777.5, ~1777.6, and ~1777.7 of the Labor Code and Applicable
Regulations
23. During the performance ofthisle<l.'>e,th~ Lessorshall not deny benefits to any person on the basis of religion,
color, ethnic group identifiGcttion, s~J<.,a~e,physic~1 ~~~entalqi~~~ility, nor shall they discriminate unlawfully against
any employee or applicant for '~l11ploYmentbeGausp..?( race,.~~ligi(IP:>color, national origin, ancestry, physical
handicap, ~pntaI1i~aqility, meglcal Gondition,maritalrtatus, age,.orse.)(.Le~~~r shall insure that the evaluation and
treatment of pmployees applicants for employment are free of such discrimination.
." Lesspr>shall comply.yith the. provisions. of.. the Filir .E~~16Yl11en:.aIldliopsihg.. Act (Government Code,
Sp~tion 129RO et seq.);.the regulations ~rpmulgate.~ th~reunder (CCllif?~ni~.Admini~tra:iveCode, Title 2, Section
7285;.8e~seq.)~ilie provisions of Article 9.5, Chapter J, Part I, D~visio~ 3, Tit!e ??~ th.e Government Code
(yoveo}lnpnt Code, Sections 11135-11139.5), andthe regulation~.or~tandard~<t.d(jPled bYtheawarding State agency
to implement such article. .
. 24. Lessor hereby represents and certifies that it has fully complied.with all Disabled Veteran Business Enterprise
(DVBE) participation goals or has made good faith efforts, as the case may be, as required by Public Contract Code
~10115 et seq., and further agrees that the State or its designees will have the right to review, obtain, and copy all
records pertaining tp the contract Lessor agrees to provide the State or its designee' w.ith(iny requested relevant
information and shall permit the State or its designee access to its premises, upon reasonable notice, during normal
business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts,
and other material that may be relevant to a matter under investigation for the purpose of determining compliance with
this requirement Lessor further agrees to maintain such records for a period of three (3) years after final payment
. under the contract. .
':;':""" ,::;-;':::--_.-._-,..',"""""'.',:,,::':',:'<:,":." :' '",,".':"
Upon completion of this lease, Lessor agrees to submit a final report identifYing alj DVBEs used in providing
services or supplies to this lease. Efforts to include DVBEs in this contract shall continue throughout the lease term
and any extensions or renewals .hereof involving purchasf,s of materials' and.supplies by the Lessor.
..:............:. -."'.":."\...-':".:"-:".:'.':.:'-.'-",.:.,:.,:': -", _:'."":.'::""'..". ::",",...:.,'....';
-::--'::""'_,-,; .::",.', -'-"'-":"" .:.:,',_:"--"',,,',,',', "'..'-:".":..'.."""" """":,""""""..:',,"",,'.""."',,,""'","".-<.-,'.-"-':':' """",."':,,,. "",,""',<, ,,:,:,:,',.'
25.\Vithi~fifteen (15) days after occupancy of the leas~dpreIllis5~9yithe State, Lessor s~~n provide the State
with thetl~l11e, address, andteIeph?ne number of an agency or pers~Picopvenient to the St~teasa local source of
service reg~rding the Lessor's responsibilities under this lease as to repairs, Illaintenance, andse.r;vicing of the premises
(lIjd any or all related equipment, fixtures; and appurtenance~.
26.. Lessor ~reestha{therentafpro\'ided~~derilie t~rms0fr.~ragrapfl 4 hereo~i~9asedin part upon the costs of
th~serYiees, utilities,andsuppli~sto be furnished by Less~rinaccord~ge wit~rlH'~ni~h13 hereof. In the event the
State....acatethe prernise~ prior to the emf of the. te~m ofthisI~ai'ie, or, ifafter~otic6 ipwriting from the State, all or any
part of su~~ sef'..ic~s,. utilities, or su~pIiTsforan)' re~ofl are. not Ilseg...?y the ~ta.t;e, then, in such event, the monthly
rental as to each~onth (jr portion thereof as tovihicflSIlCh s71)'i:Ts,utilities, .or supplies are not used by the State shaH
be reduced by an amouflt equaJ to the average monthlyposts of.s~ch. uRUsed services, utilities, or supplies during the
six month period immediately prtlceding the first month itl ..yhich such services, utilities, or supplies are not used.
27. In the event the State remains in possession of the premises after the expiration of the lease term, or any
extension or renewal thereof, this lease shaH be automatically extended on a month to month basis, subject to thirty
(30) days termination by either party, and otherwise on the terms and conditions herein specified, so far as applicable.
If the last rental amount shown in Paragraph 4 included the amortization of a capital sum expended by Lessor for
certain alterations and improvements, as described in a separate paragraph herein, and the capital sum has been fuHy
amortized, the holdover rent shall be reduced by the amount of the monthly amortization. If the State fails to vacate
the premises within the notice period and remains for an extended period, additional rent shall be paid and prorated on
a thirty (30) day month, based on the actual number of days the State occupies the premises foHowing the effective
date of termination.
~
25K-11
Page-9
Surrender of
Possession
Time of Essence,
Binding upon
Successors
No Oral
Agreements
Service Contracts
Wages and
Benefits
/' ,
28. Upon termination or expiration of this lease, the State will peacefully surrender to the Lessor the leased
premises in as good order and condition as when received, except for reasonable use and wear thereof and damage by
earthquake, fire, public calamity, the elements, acts of God, or circumstances over which State has no control or for
which Lessor is responsible pursuant to this lease. The State shall have no duty to remove any improvements or,
fixtures placed by it on the premises or to restore any portion of the premises altered by it, save and except in the event
State elects to remove any such improvements or fixtures and such removal causes damages or injury to the leased
premises, and then only to the extent of any such damage or injury.
29. Time is ofJl1e esseIlce o(thislease, and tl1~ t~rrnsFd ~rovisions ~f this lease shall extend to and be binding
upon and inyre to, ~~' beIl,efit of the ~eirs, execytors, adlllinistratQ~~,~uF~essQ~s, and assigns to the respective parties
hereto. AJI o:(the parties hereto, shall bejointly anciseverally liabl~,hereunder.
" 3p. It i~ mutmilly un?erstoodarid agreed that no alteratiOIls; or v,ari~tio~~of th~ t~rilis~f this lease shall be valid
u~l~ssmfld~ in writing and signe~ b)'j, the ~,!lrtiesher~to, and that no (lral understanding Or agreement not incorporated
herein, shall be binding on any of the parties hereto.
, )l./Atl janitorial and housekeeping services, cu~todians, foodServiGes,.>>,or~e~s"jaun?fYWorkeis", window cleaners
andse9yri~ guards provided by Lessor pursuant tqthe provisions8fthis,lease, sllflllbe in full Fompliance with the
n:quirements of Government Code (GC) 19134 if applicable, including/l)utnot limitecito the;J(lllowing:
: . "i';:::' 'i~ ' -: ,/)'- ",\
a) Lessor agrees that service contract agreements for such services will provide employee wages and
benefits that are valued at 85% of the State Employer costpf providing comparable wages and
benefits to state employees performing similar duties. For these'purposes, benefits includes health,
and vision benefits and it also includes retirement benefits, holiday pay, sick pay and
pay.
b) ,Lessor shall ensure that each contractor and subcontractor
copy of the applicable regulation~ for GC 19134.
c) Lessor agrees to certify on 'a quarterly basis that all
with GC 19134.
such services ,is provided a
d)
~
25K-12
Page-lO
-Insurance
32. Lessor understands and agrees to the following:
The State of California has elected to be insured for its motor vehicle and general liability exposures through a
self-insurance program. The State Attorney General administers the general liability program through an annual
arrropriation from the General Fund. The Office of Risk and Insurance Management administers the motor vehicle
liability program.
Under this form of insurance. the State and its employees (as defined in 810.92 Government Code) are insured for
any tort liability that mav develop through carrYirigbut official activities. including State official operations on non-
State owned ProP~rtv, . S!1ouldanvclaintsarise bvreasonofsuc~oper~ti?ns or under an official contract or license
agreement.~~eYshould b.e refer;~d to~he Attorney Gen~r~L State of Salif~mia,.:~ort Liability Section, 1300 "I" Street.
11th Flo?n ~ac:amento'.Salif~l11ia, 95814. Claims arising fro~ oper~~ionsof~ State-owned vehicle should be
fOf\varde~~~ the.?fficeof Risk and Insurance Management. Auto SelMnsurance, 1325 "J" Street. Suite 1800,
Sacramento. California 95814.
T~~i ~tate of Califorriia has entered irito a Master Agreement wit~:th~.. State ~o~pe~sati~n Insurance Fund to
administer workers' compensation benefits for all State emplovees. as required by theLaborCodei
33. The Sublessor shall ensure that anv outstanding American Disability Act (ADA) Title 24 issues will be
corrected and that the proposed mitigation plan as submitted with a completion date of March 1. 2006, by the City of
Santa Ana shall be complied with. This mitigation plan completion will satisfy all ADA issues identified as a
deficiency in the survey report as contracted by the City of Santa Ana. Failure to comply with the Mitigation Plan by
March 1. 2006, shall result in the termination of this lease agreement. This paragfaph shall be used in reference to
Exhibit "B" Specifications.
~
25K-13
Page-II
"
IN WITNESS WHEREOF, this lease has been executed by the parties hereto as ofthe date first above written.
STATE OF CALIFORNIA
Approval Recommended
DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
PROFESSIONAL SERVICES.BRANCH
By
SCOIT MOORJ3i; RealEst~te Officer
Real Estate Leasing and Management Section
Date
Approved
DIRECTOR OF THE DEPARTMENT
OF GENERAL SERVICES
By
MIC~L STUMP,(ttJaS!llg Mal1a~er
Real Estate Leasing and~,fllIlagelllent Section
Date
EXHIBITS:
Exhibit A = Floor Plan; 2 pages
Exhibit B = Specifications; 4 pages
LESSOR
CITY OF SANTA ANA, a Muncipal Corporation of the
~
~
25K-14
Page-12
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCil MEETING DATE:
CLERK OF COUNCil USE ONLY:
NOVEMBER 21, 2005
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 15t Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
AGREEMENT FOR DATABASE SYSTEM
MAINTENANCE
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to execute a one-year agreement with Stratus
Technologies Ireland, Ltd. for database server maintenance support in an
amount not to exceed $10,272.
DISCUSSION
The Santa Ana Fire Department's Computer Aided Dispatch System utilizes a
database server system to enable existing software to run efficiently and
to maintain application stability. Stratus Technologies is the sole
proprietor of the Stratus ftServer System and is the only service provider
offering the necessary maintenance support to ensure continuous system
operation.
FISCAL IMPACT
Funds are available in the Fire Department's Communication Services Other
Contractual Services account (account no. 11-322-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
/
Phillip M. Garcia
Fire Chief
Fire Department
~~ ~~.~ ~~..
Francisco Gutierrez
Executive Director
Finance and Mgmt. Services Agenc~
~
25L-1
25L-2
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
NOVEMBER 21, 2005
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 15t Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
AGREEMENT WITH FLUKE NETWORKS,
INC. FOR TECHNICAL SUPPORT AND
SERVICE OF COMPUTER NETWORK
TEST EQUIPMENT
(..~~I
. 1./
L ,+:, /(; . vZ~-
CI Y MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with Fluke Networks,
Inc. for support and service of the City's computer network test
equipment through January 4, 2007 in an amount not to exceed $23,500.
DISCUSSION
The City's computer network system consists of approximately 2,200
hardware devices and other network equipment including leased data
circuits, fiber optic cables, wireless laser optical links, and miles of
copper wiring. To ensure the effective and uninterrupted operation of
this complex technical environment, the City employs sophisticated
monitoring and troubleshooting equipment from Fluke Networks, Inc.
Fluke Networks, Inc. test equipment is utilized to monitor the City's
computer network system to quickly isolate and identify system
malfunctions. Use of the Fluke equipment has significantly reduced
downtime and has ensured high reliability and secure connectivity for
computer end-users. Approval of this proposed agreement will provide the
Information Services Division with 24 hour/seven day priority phone
support, upgrades to embedded software, calibration/performance
verification, and exchange or repair service.
FISCAL IMPACT
Funds are budgeted and available in the FY 05-06 Technology Plan, Other
Contractual Services account (no. 109-700-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
~~~'"t\}.,~
Francisco Gutierrez
Executive Director
Finance & Management Services A~~1
25M-2
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
NOVEMBER 21, 2005
TITLE:
AGREEMENT FOR SOFTWARE
LICENSING AND MAINTENANCE
SERVICES
APPROVED
o As Recommended
o As Amended
D Ordinance on 15t Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
{2~~Je-_
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with a three-year term
with BindView Corporation for software licensing and to provide
maintenance including upgrades and support services in an amount not to
exceed $27,500.
DISCUSSION
The City of Santa Ana operates an electronic mail system that supports
all City departments. The Information Services Division (ISD) of the
Finance & Management Services Agency is responsible for maintaining and
supporting the City email system which has over 2,000 authorized users.
The email support team currently employs "bv-Control" software utilities
from BindView Corporation as a key administrative tool. They use this
software for several purposes. The first is to perform the retention
rules of the City email policy (i.e. individual email is deleted from the
City system after 30 days). The second use for the software is to perform
email account administration as users join, leave and move the City's
email environment. "bv-Control" also provides the email support team with
statistical reports on email storage which helps proj ect future growth
needs.
ISD has been successfully using "bv-Control" software for three years.
The email support team seeks to acquire additional software licenses of
the product and to renew the maintenance (including upgrades and support)
for the City's existing licenses.
FISCAL IMPACT
Funds are budgeted and are available in the FY 05-06 General Fund -
25N-1
Agreement for Software Licensing and Maintenance Services
November 21, 2005
Page 2
Finance/Management Services-Computer Services account for contractual
services (account no. 11-179-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
~~~~~1' 1-\1~~
Francisco Gutierrez
Executive Director
Finance & Management
Services Age~~r
25N-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
NOVEMBER 21, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
APPROVED
D As Recommended
D As Amended
D Ordinance on 1 st Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
PROPOSED AMENDMENTS TO
CLASSIFICATION AND COMPENSATION
PLAN AND ANNUAL BUDGET
(~~\ Ii
) :/ /7/7
L/t<:" / (; /:/-( {(.
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt a resolution that amends the City's Basic Classification and
Compensation Plan (Resolution No. 82-110) and amends the Fiscal Year 2005-06
Annual Budget to reflect these changes.
DISCUSSION
The Executive Director of Planning & Building recently completed an analysis
of the staffing and workload in the Agency's Building Safety Division, which
is composed of the Permits and Plan Check Section, Public Counter, and New
Construction Inspection Section. Due to a significant increase in
development activity in the City, the workload in these sections has greatly
increased. The Permits and Plan Check Section, which reviews all
construction plans to ensure compliance with California building codes, has
experienced an increase of over 10% in the last fiscal year due to various
developments such as the NEXUS proj ects, City Place, and Bowers Museum
Expansion. Even with the addition of overtime work, staff in this section
has been challenged to complete all plan checks in a timely manner.
Therefore, the Executive Director is proposing the addition of one position
in the classification of Assistant Plan Check Engineer II to assist with the
review of new plans submitted to the Public Counter and reduce both the
turnaround time for plan checks and the amount of overtime required by
staff, thus ensuring more timely and efficient service to developers.
The Executive Director is also requesting the creation of three part-time
job classifications in both the Permits and Plan Check Section and New
Construction Inspection Section. These classifications are titled
Structural Plan Examiner I, Structural Plan Examiner II, and Combination
Inspector. As part-time job classifications, they will provide the
55A-1
C$. 383
Classification/Compensation Plan
November 21, 2005
Page 2
department with greater flexibility when responding to changing workload
demands and will be a more effective way of bringing in resources when
needed. It is proposed that the compensation levels be set at the prorated
hourly rates for the equivalent full-time job classifications.
Finally, the Executive Director of Public Works is requesting the creation
of a part -time job classification titled Right of Way Technician. This
classification will inspect, monitor, and process applications for the
placement of news racks, bus shelters and banners in the public right-of-
way. Currently, these duties are being performed by an employee with the
title of Senior Administrative Intern. A change in this employee's title to
this new classification is ,consistent with the City's practice of assigning
classification titles that summarize the major job responsibilities of a
position.
FISCAL IMPACT
Assuming an effective date of December 1, 2005, the cost of the additional
Assistant Plan Check Engineer II position is $42,350 for the remainder of
the fiscal year. There is no fiscal impact associated with the creation of
the part-time job titles.
APPROVED AS TO FUNDS AND ACCOUNTS:
,=\N)~~~~1 , \\~:-.
Francisco Gutierrez
Executive Director
Finance and Mgmt. Services Agency
../~
revino
e tive Director
Planning and Building Agency
'}..~. Cl--~
~(\ James Ross
~ \ Exec~tive Director
I Publlc Works Agency
55A-2
RESOLUTION NO. 2005-112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA TO AMEND RESOLUTION NO. 82-110 TO
AMEND THE CITY'S BASIC CLASSIFICATION AND
COMPENSATION PLAN TO ADD FOUR NEW PART TIME
CLASSIFICATION TITLES, AND TO AMEND THE ANNUAL
BUDGET TO ADD ONE FULL TIME POSITION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1: The City Council hereby finds, determines and declares as follows:
A. Section 1004, Article X of the City Charter of the City of Santa Ana
requires the City Manager to prepare, install, and maintain a position
classification and pay plan subject to civil service rules and regulations
and the approval of the City Council.
B. On August 2, 1982, the City Council passed and adopted Resolution No.
82-110 revising and re-establishing the Basic Classification and
Compensation Plan for Officers and Employees of the City of Santa Ana.
C. On June 20, 2005, the City Council passed and adopted Ordinance No.
NS-2687, establishing the City's Annual Budget and authorizing position
allocations for Fiscal Year 2005-2006. The Ordinance also sets forth the
requirement that alterations in the allocation of authorized positions be
reviewed and approved by the City Council.
D. It is the City's practice to assign job titles that reflect the duties and
responsibilities of the classification and are consistent with other
classifications within the City's organizational structure as well as with
comparable job titles in the labor market.
E. The Executive Director of Planning and Building Safety proposes to add
one full time position in the current Annual Budget and to create three (3)
new part time classification titles.
F. The Executive Director of the Public Works Agency proposes to create
one (1) new part time classification title.
G. It is now desired to amend Council Resolution No. 82-110, as amended,
and the Fiscal Year 2005-2006 Budget, as amended, in order to effect
these changes.
55A-3
Section 2: That Section 3.5.1 Class Titles and Waqe Rates for Seasonal and
Other Unaffiliated Cateqories of Non-Civil Service Part-Time Emplovment of Resolution
No. 82-110, as amended, be further amended by adding the following part-time titles,
assigned to the five hourly pay steps set forth below:
Basic Hourlv Waqe Rates Effective 12/01/05:
Class Title Step A Step B Step C Step D Step E
Combination Inspector $24.44 $25.66 $26.95 $28.30 $29.72
Right of Way Technician $12.65 $13.28 $13.96 $14.64 $15.37
Structural Plan Examiner I $26.82 $28.17 $29.57 $31.05 $32.60
Structural Plan Examiner II $28.72 $30.15 $31.66 $33.24 $34.90
Section 3: That the Annual Budget for Fiscal Year 2005-2006, as amended,
shall be further amended by adding one full time position as follows:
Class Title
SRR
Annual Salary (Min-Max)
-
Assistant Plan Check Engineer II
640
($56,892-$72,600)
Section 4: That except as amended by this Resolution, all other provisions of
Resolution No. 82-110, as amended, and the Annual Budget for Fiscal Year 2005-2006,
as amended, shall remain in full force and effect.
Section 5: That except as stated otherwise above, this Resolution shall be
operative from and after December 1, 2005.
ADOPTED this _day of November, 2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Joseph Straka
Assistant City Attorney
55A-4
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2005-112 to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
55A-5
55A-6
The Church in Santa Ana
2006 North Broadway. Suite 100 · Santa Ana. California 92706
October 25, 2005
City of Santa Ana Planning Commission
P.O. Box 1988 M-30
Santa Ana, CA 92702-1988
Dear Members of the Planning Commission,
The Church in Santa Ana would like to request a rontinuance of the hearing for our project (CUP
2004-(7) for a period of ninety (90) days from the currently scheduled date of 21 November
2005 in order fOfOS to continue to work on alternatives.
Please reply at your earliest ronvenieocc conceming our request and the succes:s:ful rescheduling
of our hearing. We thank you in advance for your timely response.
Sincerely,
~l _____"'"
~ ~i///'"
,] ,.,' ..//'" //~'
/~~~
Guido Olivares, Etdevbf ::>
The Church in Sant.li<t\na
~1
;
'0/" .' ./,/":':. .:,/.... ./"""l
David Christy, Secretary of
The Church in Santa Ana
cc:
<:lerk of the Council
.And wnw Him UeS!i~) 10 be Heod ouer oJ! things to llle Church. which is His Body
75A-1
75A-2
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
NOVEMBER 21, 2005
TITLE:
APPROVED
PUBLIC HEARING -
2005 DOWNTOWN BUSINESS
IMPROVEMENT AREA REPORT
AND 2006 ASSESSMENT
RESOLUTION
o As Recommended
D As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
A
al!dC2
ITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Adopt a resolution confirming the calendar year 2005 Annual Report
and approving the levy of the 2006 assessment for the Downtown Santa
Ana Business Improvement Area.
2. Authorize the Executive Director of the Finance and Management
Services Agency to allocate the budgeted funds.
DISCUSSION
On February 6, 1984, the City Council adopted Ordinance No. NS-1715
pursuant to Section 36500 of the 1979 State of California Street and
Highway Code, creating a Business Improvement District (BID) in Downtown
Santa Ana. The BID allows the businesses to assess themselves in order
to raise funds for the marketing promotions, maintenance and improvements
of the Downtown area.
On October 17, 2005, the City Council approved the 2005 Annual Report and
the 2006 Budget for the Downtown Santa Ana Business Improvement Area, and
set this public hearing in accordance with state law. The subj ect
resolution will confirm the 2005 Business Improvement Area Report and
constitute the levy of an assessment.
758-1
PH - 2005 Downtown Business Improvement
Area Report and 2006 Assessment Resolution
November 21, 2005
Page 2
FISCAL IMPACT
Th~~fiscal impact associated with this action.
j<~ CI,Jtftt(
Patricia C. Whitaker
Executive Director
Community Development Agency
PCW/NE/mlr
H:\ACTIONS\2005 CC\PH - 2005DTBuslmprvAreaRep2006AssessReso 11-21-05.doc
758-2
RESOLUTION NO. 2005-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA LEVYING AN ASSESSMENT FOR THE
DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT
AREA FOR THE YEAR 2005.
THE CITY COUNCIL FOR THE CITY OF SANTA ANA HEREBY FINDS,
DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The City Council for the City of Santa Ana hereby, finds, determines
and declares as follows:
A. On February 6,1984, the City Council, by its Ordinance No. NS-1715,
established the Downtown Santa Ana Business Improvement Area.
B. On October 17, 2005, the City Council received the 2005 Annual Report for
the Downtown Santa Ana Business Improvement Area (the "Report") and set its regular
meeting of November 21,2005 as the time and place for public hearing on the levy of
an assessment on and for the Downtown Santa Ana Business Improvement Area.
C. On November 21,2005, the City Council approved the 2005 Annual Report
for the Downtown Santa Ana Business Improvement Area.
Section 2. The Report is hereby confirmed as written, and the levy of an
assessment during the year 2006 in accordance with Attachment B of the Report, a
copy of which is attached hereto and incorporated herein by reference, is hereby
approved.
Section 3. Unless and until changed by resolution of the City Council, the
fiscal year of the Downtown Santa Ana Business Improvement Area shall be the
calendar year.
Section 4. Notwithstanding anything to the contrary in Ordinance No. NS-
1715, from this time forward, the City Council may take action by resolution on any
matter pertaining to the Downtown Santa Ana Business Improvement Area as to which
such action by resolution is authorized by part 6 (commencing with section 36500) of
Division 18 of the Streets and Highways Code of the State of California, known as the
"Parking and Business Improvement Area Law of 1989." Except as herein modified,
Ordinance NS-1715 shall remain in full force and effect.
758-3
ADOPTED this
day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Michael Vigliotta
Deputy City Attorney
AYES: Coundlmembeffi:
NOES: Council members:
ABSTAIN: Council members:
NOT PRESENT: Council members:
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached
Resolution No. 2005-113 to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Clerk of Council
City of Santa Ana
758-4
DOWNTOWN SANTA ANA
BUSINESS IMPROVEMENT DISTRICT
2005 ANNUAL REPORT
OCTOBER 17,2005
PREPARED By:
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION
EXHIB IT 1
758-5
2005 ANNUAL REPORT
FOR THE
DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT
Background
The Downtown Santa Ana Business Improvement District (BID) was established in February
1984 by the Santa Ana City Council as a means of providing the Downtown business community
with funding for promoting the area, increasing security, enhancing maintenance and
implementing physical improvements. The Community Redevelopment and Housing
Commission (CRHC) of the City of Santa Ana, as the BID Advisory Board, is responsible for the
preparation and administration of the BID's budget and annual report, its promotional and
marketing programs, security and maintenance plans, and physical improvement projects.
Improvement Area Boundaries
The geographic boundaries of the district remain unchanged from the original 1984 area, and
they include over 700 retail, service and professional members (see Attachment A).
Assessment Formula
The formula for the BID tax levy also remains unchanged from the original 1984 ordinance and
is based on the category and/or sales volume of the business (see Attachment B).
Summary of Improvements and Activities
The three representative Downtown associations (Downtown Santa Ana Business Council, La
Calle Cuatro De Santa Ana Association, and the Fiesta Market Place Promotions Committee)
hosted a variety of major community events and promotions during 2005, they included:
. Cinco De Mayo Celebration
. July 4th Celebration
· Fiesta Patrias Califomia/EI Grito Celebration
. The Latino Film Festival
On October 6, 2003, the Santa Ana City Council appointed the CRHC as the Downtown Santa
Ana BID Advisory Committee. As the BID Advisory Committee, CRHC is responsible for
recommending an annual budget by early October 2005 and other policies pertaining to the BID.
Working through the Community Development staff, the three Downtown associations
developed the 2006 BID budget. One of the items discussed with the Downtown associations
was the BID Consultant. The 2005 BID budget allowed $15,000 for hiring a BID Consultant to
review and analyze the structure of the BID. After a formal request for proposal process and
interviews, representatives of the Downtown and City staff selected New City America, Inc. of
EXHIBIT 1
758-6
San Diego, California to perform a potential two-phase project. The initial work preformed by
New City America, Inc. will include the following tasks:
1. Meet with staff on the strengths and weaknesses of the existing BID and review the
ordinance, revenue generation and annual budget;
2. Meet with the various stakeholder groups and determine the level of support and popularity
of the existing district; and
3. Write a report on the findings of the existing BID and make recommendations for action.
This initial phase will review the feasibility of versus a "Property" based BID the existing
"Merchant" based BID structure.
2006 Budget Plan
Based on the feedback from the Associations, the 2006 BID budget focuses on three key areas:
(1) continued promotions and marketing of the BID; (2) maintenance services that equitably
cover all the streets in the BID area; and (3) implementation of the Capital Improvement Project
for streetscape improvements along 4th Street (Attachment C). The estimated contribution from
the 2006 BID budget for items 1 and 2 is $212,000 and item 3 would be $352,500.
EXHIBIT 1
758-7
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758-8
Attachment B
2006 ANNUAL ASSESSMENT FORMULA
The following businesses located within the boundaries of the Business Improvement District,
classified under City Ordinance NS 1690 as Amusement Services, Pawnbrokers, Service Station
and Classification A, including, but not limited to Retail Sale of Goods, Hotel and Motels,
Theaters and Food Establishments, shall pay an amount equal to one and one-half times their
annual business license fee.
Businesses classified as Commercial Rental Property, Rental Property, Residential and Rooming
House shall pay an amount equal to one-quarter times their annual business license fee.
All other businesses, including Professions, Trades and Services within the boundaries of the
proposed Business District, shall pay an amount equal to their annual business license fee.
Once the assessment formula is established, it cannot be changed without written notice to all
businesses with the boundaries of the proposed Business Improvement District and a public
hearing held by the City of Santa Ana.
EXHIBIT 1
758-9
Attachment C - Page 1 of 2
REVISED 9.2(}'()5
DOWNTOWN BUSINESS IMPROVEMENT DISTRICT
BUDGET
2006
Revenues
Bid Tax - City of Sana Ana
Operating Fund Carryover - 2003
Capital Improvement Funds
$160,000.001
$67,500.00
$0.00
Total Operating Revenue
$227,500.00
Expenses
Maintenance & Lighting Enhancement
Sidewalk Steamcleaning Maintenance
Promotions
La Calle Quartro
Santa Ana Downtown Business Council
Decoration Install / Storage - Christmas
Conferences
Subscriptions
$30,000.002
$20,000.003
$162,000.00
$84.240
Total Operating Expenses
$77.760
$10,000.00
$5,000.00
$500.00
$227,500.00
TOTAL OPERATING FUND
$0.00
Capital Improvement Revenue
Capital Improvement - Carryover - 2005
Operating Fund Carryover 2005
Total Capital Improvement Revenue
$300,000.00
$52,500.00
$352,500.00
Capital Improvement Expenses
Capital Improvement - Phase II Streetscape Project
Capital Improvement - Special Projects
Total Capital Improvement Expenses
$300,000.004
$52,500.00
$352,500.00
TOTAL CAPITAL FUND
$0.00
Estimated 100% assessment amount. Amount subject to change.
Amount covers the cost for one additional full-time team member to the Ambassador Team
This team member will enhance the current crew as well as work on special cleaning projects in the BID area
2005 budgeted amount of $110,000 encumbered for the period 11-2005 through 10-2006
EXHIBIT I
758-10
Attachment C, Page 2 of 2
which covers cleaning all streets in BID that are not cleaned by City Contract
$20,000 budged for 2006 covers the period of 11-2006 & 12-2006 and special c1eanings that may be needed.
4
Budgeted amount is BID's share of Downtown Streets cape Project Phase II that breaks down as follows:
$300,000 BID funds
$300.000 City funds
$600,000 Total Project Amount
EXHIBIT 1
758-11
758-12